[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4200 Public Print (PP)]
2d Session
H. R. 4200
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 23 (legislative day, June 22), 2004
Ordered to be printed with the amendment of the Senate
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2005''.</DELETED>
<DELETED>SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.</DELETED>
<DELETED> (a) Divisions.--This Act is organized into three divisions
as follows:</DELETED>
<DELETED> (1) Division A--Department of Defense
Authorizations.</DELETED>
<DELETED> (2) Division B--Military Construction
Authorizations.</DELETED>
<DELETED> (3) Division C--Department of Energy National
Security Authorizations and Other Authorizations.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; findings.
<DELETED>Sec. 2. Organization of Act into divisions; table of contents.
<DELETED>Sec. 3. Congressional defense committees.
<DELETED>DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
<DELETED>TITLE I--PROCUREMENT
<DELETED>Subtitle A--Authorization of Appropriations
<DELETED>Sec. 101. Army.
<DELETED>Sec. 102. Navy and Marine Corps.
<DELETED>Sec. 103. Air Force.
<DELETED>Sec. 104. Defense-wide activities.
<DELETED>Subtitle B--Program Matters
<DELETED>Sec. 111. Multiyear procurement authority for the light-weight
155-millimeter howitzer program.
<DELETED>Sec. 112. DDG-51 modernization program.
<DELETED>Sec. 113. Repeal of authority for pilot program for flexible
funding of cruiser conversions and
overhauls.
<DELETED>Sec. 114. Force protection for asymmetric threat environment.
<DELETED>Sec. 115. Allocation of equipment authorized by this title to
be made on basis of units deployed or
preparing to deploy.
<DELETED>Sec. 116. Multiyear procurement authority for KC-767 tanker
aircraft acquisition program.
<DELETED>Sec. 117. Other matters relating to KC-767 tanker aircraft
acquisition program.
<DELETED>Sec. 118. Additional amount for patriot missile procurement.
<DELETED>Sec. 119. Transfer of certain Army procurement funds.
<DELETED>TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
<DELETED>Subtitle A--Authorization of Appropriations
<DELETED>Sec. 201. Authorization of appropriations.
<DELETED>Sec. 202. Amount for defense science and technology.
<DELETED>Sec. 203. Program increases.
<DELETED>Subtitle B--Program Requirements, Restrictions, and
Limitations
<DELETED>Sec. 211. Future Combat Systems program strategy.
<DELETED>Sec. 212. Collaborative program for research and development
of vacuum electronics technologies.
<DELETED>Sec. 213. Annual Comptroller General report on Joint Strike
Fighter program.
<DELETED>Sec. 214. Amounts for United States Joint Forces Command to be
derived only from Defense-wide amounts.
<DELETED>Sec. 215. Space Based Radar.
<DELETED>Sec. 216. Mark-54 Torpedo Product Improvement Program.
<DELETED>Subtitle C--Missile Defense
<DELETED>Sec. 221. Fielding of ballistic missile defense capabilities.
<DELETED>TITLE III--OPERATION AND MAINTENANCE
<DELETED>Subtitle A--Authorization of Appropriations
<DELETED>Sec. 301. Operation and Maintenance funding.
<DELETED>Sec. 302. Working capital funds.
<DELETED>Sec. 303. Other Department of Defense programs.
<DELETED>Sec. 304. Reimbursement of members of the Armed Forces who
purchased protective body armor during
shortage of defense stocks of body armor.
<DELETED>Sec. 305. Reduction in authorization for Air Force operations
and maintenance.
<DELETED>Sec. 306. Elimination of backlog in processing forensic
evidence collection kits and acquisition of
sufficient stocks of such kits.
<DELETED>Subtitle B--Environmental Provisions
<DELETED>Sec. 311. Report regarding encroachment issues affecting Utah
Test and Training Range, Utah.
<DELETED>Subtitle C--Workplace and Depot Issues
<DELETED>Sec. 321. Simplification of annual reporting requirements
concerning funds expended for depot
maintenance and repair workloads.
<DELETED>Sec. 322. Repeal of annual reporting requirement concerning
management of depot employees.
<DELETED>Sec. 323. Public-private competition for work performed by
civilian employees of Department of
Defense.
<DELETED>Sec. 324. Public-private competition pilot program.
<DELETED>Sec. 325. Sense of Congress on equitable legal standing for
civilian employees.
<DELETED>Sec. 326. Competitive sourcing reporting requirement.
<DELETED>Subtitle D--Information Technology
<DELETED>Sec. 331. Preparation of Department of Defense plan for
transition to Internet Protocol version 6.
<DELETED>Sec. 332. Defense business enterprise architecture, system
accountability, and conditions for
obligation of funds for defense business
system modernization.
<DELETED>Sec. 333. Establishment of joint program office to improve
interoperability of battlefield management
command and control systems.
<DELETED>Subtitle E--Readiness Reporting Requirements
<DELETED>Sec. 341. Annual report on Department of Defense operation and
financial support for military museums.
<DELETED>Sec. 342. Report on Department of Defense programs for
prepositioning of material and equipment.
<DELETED>Subtitle F--Other Matters
<DELETED>Sec. 351. Extension of Arsenal Support Program Initiative.
<DELETED>Sec. 352. Limitation on preparation or implementation of Mid-
Range Financial Improvement Plan.
<DELETED>Sec. 353. Procurement of follow-on contracts for the operation
of five Champion-class T-5 tank vessels.
<DELETED>Sec. 354. Sense of Congress on America's National World War I
Museum.
<DELETED>TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
<DELETED>Subtitle A--Active Forces
<DELETED>Sec. 401. End strengths for active forces.
<DELETED>Sec. 402. Revision in permanent active duty end strength
minimum levels.
<DELETED>Sec. 403. Maximum number of reserve personnel authorized to be
on active duty for operational support.
<DELETED>Sec. 404. Accounting and management of reserve component
personnel performing active duty or full-
time National Guard duty for operational
support.
<DELETED>Subtitle B--Reserve Forces
<DELETED>Sec. 411. End strengths for Selected Reserve.
<DELETED>Sec. 412. End strengths for Reserves on active duty in support
of the reserves.
<DELETED>Sec. 413. End strengths for military technicians (dual
status).
<DELETED>Sec. 414. Fiscal year 2005 limitation on number of non-dual
status technicians.
<DELETED>Subtitle C--Authorizations of Appropriations
<DELETED>Sec. 421. Military personnel.
<DELETED>Sec. 422. Armed Forces Retirement Home.
<DELETED>TITLE V--MILITARY PERSONNEL POLICY
<DELETED>Subtitle A--General and Flag Officer Matters
<DELETED>Sec. 501. Length of service for service chiefs.
<DELETED>Sec. 502. Repeal of requirement that Deputy Chiefs and
Assistant Chiefs of Naval Operations be
selected from officers in the line of the
Navy.
<DELETED>Sec. 503. Increase in age limit for deferral of mandatory
retirement for up to 10 senior general and
flag officers.
<DELETED>Sec. 504. Increased flexibility for voluntary retirement for
military officers.
<DELETED>Sec. 505. Repeal of requirement that no more than 50 percent
of active duty general and flag officers be
in grades above brigadier general and rear
admiral (lower half).
<DELETED>Sec. 506. Revision to terms for assistants to the Chairman of
the Joint Chiefs of Staff for National
Guard and Reserve matters.
<DELETED>Sec. 507. Succession for position of Chief, National Guard
Bureau.
<DELETED>Sec. 508. Title of Vice Chief of the National Guard Bureau
changed to Director of the Joint Staff of
the National Guard Bureau.
<DELETED>Sec. 509. Two-year extension of authority to waive requirement
that Reserve chiefs and National Guard
Directors have significant joint duty
experience.
<DELETED>Sec. 510. Repeal of distribution requirements for Naval
Reserve flag officers.
<DELETED>Subtitle B--Other Officer Personnel Policy Matters
<DELETED>Sec. 511. Transition of active-duty list officer force to all
regular status.
<DELETED>Sec. 512. Mandatory retention on active duty to qualify for
retirement pay.
<DELETED>Sec. 513. Distribution in grade of Marine Corps Reserve
officers in an active status in grades
below brigadier general
<DELETED>Sec. 514. Tuition assistance for officers.
<DELETED>Subtitle C--Reserve Component Matters
<DELETED>Sec. 521. Revision to statutory purpose of the reserve
components.
<DELETED>Sec. 522. Improved access to reserve component members for
enhanced training.
<DELETED>Sec. 523. 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.
<DELETED>Sec. 524. Federal civil service military leave for Reserve and
National Guard civilian technicians.
<DELETED>Sec. 525. Expanded educational assistance authority for
officers commissioned through ROTC program
at military junior colleges.
<DELETED>Sec. 526. Effect of appointment or commission as officer on
eligibility for Selected Reserve education
loan repayment program for enlisted
members.
<DELETED>Sec. 527. Number of Starbase academies in a State.
<DELETED>Sec. 528. Comptroller General assessment of integration of
active and reserve components of the Navy.
<DELETED>Sec. 529. Operational activities conducted by the National
Guard under authority of title 32.
<DELETED>Sec. 530. Army program for assignment of active component
advisers to units of the Selected Reserve.
<DELETED>Subtitle D--Joint Officer Management
<DELETED>Sec. 531. Strategic plan to link joint officer development to
overall missions and goals of Department of
Defense.
<DELETED>Sec. 532. Joint requirements for promotion to flag or general
officer grade.
<DELETED>Sec. 533. Clarification of tours of duty qualifying as a joint
duty assignment.
<DELETED>Sec. 534. Reserve joint special officer qualification
requirements.
<DELETED>Subtitle E--Professional Military Education
<DELETED>Sec. 541. Improvement to professional military education in
the Department of Defense.
<DELETED>Sec. 542. Ribbons to recognize completion of joint
professional military education.
<DELETED>Sec. 543. Increase in number of private-sector civilians who
may be enrolled for instruction at National
Defense University.
<DELETED>Sec. 544. Requirement for completion of Phase I joint
professional military education before
promotion to colonel or Navy captain.
<DELETED>Subtitle F--Other Education and Training Matters
<DELETED>Sec. 551. College First delayed enlistment program.
<DELETED>Sec. 552. Standardization of authority to confer degrees on
graduates of Community College of the Air
Force with authority for other schools of
Air University.
<DELETED>Sec. 553. Change in titles of heads of the Naval Postgraduate
School.
<DELETED>Sec. 554. Increase from two years to three years in period for
which educational leave of absence may be
authorized.
<DELETED>Sec. 555. Correction to disparate treatment of disabilities
sustained during accession training.
<DELETED>Sec. 556. Prayer at military service academy activities.
<DELETED>Sec. 557. Revision to conditions on service of officers as
service academy superintendents.
<DELETED>Sec. 558. Codification of prohibition on imposition of certain
charges and fees at the service academies.
<DELETED>Sec. 559. Qualifications of the dean of the faculty of United
States Air Force Academy.
<DELETED>Sec. 560A. Board of visitors of United States Air Force
Academy.
<DELETED>Sec. 560B. Establishment of college financial assistance
program for District of Columbia National
Guard.
<DELETED>Subtitle G--Medals and Decorations and Special Promotions and
Appointments
<DELETED>Sec. 561. Separate military campaign medals to recognize
service in Operation Enduring Freedom and
service in Operation Iraqi Freedom.
<DELETED>Sec. 562. Eligibility of all uniformed services personnel for
National Defense Service Medal.
<DELETED>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.
<DELETED>Sec. 564. Posthumous commission of William Mitchell in the
grade of major general in the Army.
<DELETED>Sec. 565. Requirements for award of combat infantryman badge
and combat medical badge with respect to
service in Korea after July 28, 1953.
<DELETED>Sec. 566. Army combat recognition ribbon.
<DELETED>Subtitle H--Military Justice Matters
<DELETED>Sec. 571. Review on how sexual offenses are covered by Uniform
Code of Military Justice.
<DELETED>Sec. 572. Service time not lost when confined in connection
with trial if confinement excused as
unavoidable.
<DELETED>Sec. 573. Clarification of authority of military legal
assistance counsel to provide military
legal assistance without regard to
licensing requirements.
<DELETED>Subtitle I--Administrative and Management Matters
<DELETED>Sec. 581. Three-year extension of limitation on reductions of
personnel of agencies responsible for
review and correction of military records.
<DELETED>Sec. 582. Staffing and funding for Defense Prisoner of War/
Missing Personnel office (DPMO).
<DELETED>Sec. 583. Permanent ID cards for retiree dependents age 70 and
older.
<DELETED>Sec. 584. Authority to provide civilian clothing to members
traveling in connection with medical
evacuation.
<DELETED>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.
<DELETED>Sec. 586. Limitation on amendment or cancellation of
Department of Defense directive relating to
reasonable access to military installations
for certain personal commercial
solicitation.
<DELETED>Sec. 587. Annual identification of reasons for discharges from
the Armed Forces during preceding fiscal
year.
<DELETED>Sec. 588. Authority for Federal recognition of National Guard
commissioned officers appointed from former
Coast Guard personnel.
<DELETED>Sec. 589. Study of blended wing concept for the Air Force.
<DELETED>Sec. 590. Continuation of impact aid assistance on behalf of
dependents of certain members despite
change in status of member.
<DELETED>Subtitle J--Other Matters
<DELETED>Sec. 591. Employment preferences for spouses of certain
Department of Defense civilian employees
subject to relocation agreements.
<DELETED>Sec. 592. Repeal of requirement to conduct electronic voting
demonstration project for the Federal
election to be held in November 2004.
<DELETED>Sec. 593. 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.
<DELETED>Sec. 594. Renewal of pilot program for treating GED and home
school diploma recipients as high school
graduates for determinations of eligibility
for enlistment.
<DELETED>Sec. 595. Assistance to local educational agencies that
benefit dependents of members of the Armed
Forces and Department of Defense civilian
employees.
<DELETED>Sec. 596. Senior Reserve Officer Training Corps and recruiter
access at institutions of higher education.
<DELETED>Sec. 597. Reports on transformation milestones.
<DELETED>Sec. 598. Department of Defense policy and procedures on
prevention and response to sexual assaults
involving members of the Armed Forces.
<DELETED>Sec. 599. Authority for removal of remains of certain persons
interred in United States military
cemeteries overseas.
<DELETED>TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
<DELETED>Subtitle A--Pay and Allowances
<DELETED>Sec. 601. Increase in basic pay for fiscal year 2005.
<DELETED>Sec. 602. Authority to provide family separation basic
allowance for housing.
<DELETED>Sec. 603. Geographic basis for basic allowance for housing
during short changes of station for
professional military education or
training.
<DELETED>Sec. 604. Immediate lump-sum reimbursement for unusual
nonrecurring expenses incurred by members
serving outside continental United States.
<DELETED>Sec. 605. Income replacement payments for Reserves
experiencing extended and frequent
mobilization for active duty service.
<DELETED>Sec. 606. Authority for certain members deployed in combat
zones to receive limited advances on their
future basic pay.
<DELETED>Subtitle B--Bonuses and Special and Incentive Pays
<DELETED>Sec. 611. One-year extension of bonus and special pay
authorities.
<DELETED>Sec. 612. Reduction in required service commitment to receive
accession bonus for registered nurses.
<DELETED>Sec. 613. Increase in maximum monthly rate authorized for
hardship duty pay.
<DELETED>Sec. 614. Termination of assignment incentive pay for members
placed on terminal leave.
<DELETED>Sec. 615. Consolidation of reenlistment and enlistment bonus
authorities for regular and reserve
components.
<DELETED>Sec. 616. Revision of authority to provide foreign language
proficiency pay.
<DELETED>Sec. 617. Eligibility of reserve component members for
critical skills retention bonus and
expansion of authority to provide bonus.
<DELETED>Sec. 618. Eligibility of new reserve component officers for
accession or affiliation bonus for officers
in critical skills.
<DELETED>Sec. 619. Eligibility of reserve component members for
incentive bonus for conversion to military
occupational specialty to ease personnel
shortage.
<DELETED>Sec. 620. Availability of hazardous duty incentive pay for
military firefighters.
<DELETED>Subtitle C--Travel and Transportation Allowances
<DELETED>Sec. 631. Expansion of travel and transportation allowances to
assist survivors of a deceased member to
attend burial ceremony of the member.
<DELETED>Sec. 632. Transportation of family members incident to the
serious illness or injury of members of the
uniformed services.
<DELETED>Sec. 633. Reimbursement of members for certain lodging costs
incurred in connection with student
dependent travel.
<DELETED>Subtitle D--Retired Pay and Survivor Benefits
<DELETED>Sec. 641. Computation of benefits under Survivor Benefit Plan
for surviving spouses over age 62.
<DELETED>Sec. 642. Open enrollment period for Survivor Benefit Plan
commencing October 1, 2005.
<DELETED>Sec. 643. Source of funds for Survivor Benefit Plan annuities
for Department of Defense beneficiaries
over age 62.
<DELETED>Subtitle E--Commissary and Nonappropriated Fund
Instrumentality Benefits
<DELETED>Sec. 651. Consolidation and reorganization of legislative
provisions regarding defense commissary
system and exchanges and other morale,
welfare, and recreation activities.
<DELETED>Sec. 652. Consistent State treatment of Department of Defense
Nonappropriated Fund Health Benefits
Program.
<DELETED>Sec. 653. Cooperation and assistance for qualified scouting
organizations serving dependents of members
of the Armed Forces and civilian employees
overseas.
<DELETED>Subtitle F--Other Matters
<DELETED>Sec. 661. Repeal of requirement that members entitled to basic
allowance for subsistence pay subsistence
charges while hospitalized.
<DELETED>Sec. 662. Clarification of education loans qualifying for
education loan repayment program for
reserve component health professions
officers.
<DELETED>Sec. 663. Survey and analysis of effect of extended and
frequent mobilization of Reservists for
active duty service on Reservist income.
<DELETED>TITLE VII--HEALTH CARE PROVISIONS
<DELETED>Subtitle A--Enhanced Benefits for Reserves
<DELETED>Sec. 701. Demonstration project for TRICARE coverage for Ready
Reserve members.
<DELETED>Sec. 702. Comptroller General report on the cost and
feasibility of providing private health
insurance stipends for members of the Ready
Reserves.
<DELETED>Sec. 703. Improvement of medical services for activated
members of the Ready Reserve and their
families.
<DELETED>Sec. 704. Modification of waiver of certain deductibles under
TRICARE program.
<DELETED>Sec. 705. Authority for payment by United States of additional
amounts billed by health care providers to
activated Reserve members.
<DELETED>Sec. 706. Extension of transitional health care benefits after
separation from active duty.
<DELETED>Subtitle B--Other Benefits Improvements
<DELETED>Sec. 711. Coverage of certain young children under TRICARE
dental program.
<DELETED>Sec. 712. Comptroller General report on provision of health
and support services for exceptional family
member program enrollees.
<DELETED>Sec. 713. Exceptional eligibility for TRICARE prime remote.
<DELETED>Sec. 714. Transition to home health care benefit under sub-
acute care program.
<DELETED>Sec. 715. Requirement relating to prescription drug benefits
for medicare-eligible enrollees under
defense health care plans.
<DELETED>Sec. 716. Professional accreditation of military dentists.
<DELETED>Sec. 717. Addition of certain unremarried former spouses to
persons eligible for dental insurance plan
of retirees of the uniformed services.
<DELETED>Sec. 718. Waiver of collection of payments due from certain
persons unaware of loss of CHAMPUS
eligibility.
<DELETED>Subtitle C--Planning, Programming, and Management
<DELETED>Sec. 721. Pilot program for transformation of health care
delivery.
<DELETED>Sec. 722. Study of provision of travel reimbursement to
hospitals for certain military disability
retirees.
<DELETED>Sec. 723. Study of mental health services.
<DELETED>TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
<DELETED>Subtitle A--Amendments to General Contracting Authorities,
Procedures, and Limitations
<DELETED>Sec. 801. Rapid acquisition authority to respond to combat
emergencies.
<DELETED>Sec. 802. Defense acquisition workforce changes.
<DELETED>Sec. 803. Limitation on task and delivery order contracts.
<DELETED>Sec. 804. Funding for contract cancellation ceilings for
certain multiyear procurement contracts.
<DELETED>Sec. 805. Increased threshold for requiring contractors to
provide specified employee information to
cooperative agreement holders.
<DELETED>Sec. 806. Extension of authority for use of simplified
acquisition procedures.
<DELETED>Sec. 807. Authority to adjust acquisition-related dollar
thresholds for inflation.
<DELETED>Subtitle B--United States Defense Industrial Base Provisions
<DELETED>Sec. 811. Defense trade reciprocity.
<DELETED>Sec. 812. Amendments to domestic source requirements.
<DELETED>Sec. 813. Three-year extension of restriction on acquisition
of polyacrylonitrile (PAN) carbon fiber
from foreign sources.
<DELETED>Sec. 814. Grant program for defense contractors to implement
strategies to avoid outsourcing of jobs.
<DELETED>Sec. 815. Preference for domestic freight forwarding services.
<DELETED>Subtitle C--Other Acquisition Matters
<DELETED>Sec. 821. Sustainment and modernization plans for existing
systems while replacement systems are under
development.
<DELETED>Sec. 822. Review and demonstration project relating to
contractor employees.
<DELETED>Sec. 823. Defense acquisition workforce limitation and
reports.
<DELETED>Sec. 824. Provision of information to Congress to enhance
transparency in contracting.
<DELETED>Sec. 825. Requirement to treat sureties in same manner as
financing institutions when contractors
default.
<DELETED>Sec. 826. Provisions relating to creation of jobs in the
United States by defense contractors.
<DELETED>TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
<DELETED>Sec. 901. Change in title of Secretary of the Navy to
Secretary of the Navy and Marine Corps.
<DELETED>Sec. 902. Transfer of Center for the Study of Chinese Military
Affairs from National Defense University to
United States-China Economic and Security
Review Commission.
<DELETED>Sec. 903. Transfer to Secretary of the Army of responsibility
for Assembled Chemical Weapons Alternatives
Program.
<DELETED>Sec. 904. Modification of obligated service requirements under
National Security Education Program.
<DELETED>Sec. 905. Change of membership of certain councils.
<DELETED>Sec. 906. Actions to prevent the abuse of detainees.
<DELETED>Sec. 907. Responses to congressional inquiries.
<DELETED>Sec. 908. Secretary of Defense guidance on identification and
internal transmission of critical
information.
<DELETED>TITLE X--GENERAL PROVISIONS
<DELETED>Subtitle A--Financial Matters
<DELETED>Sec. 1001. Transfer authority.
<DELETED>Sec. 1002. Budget justification documents for operation and
maintenance.
<DELETED>Sec. 1003. Retention of fees from intellectual property
licenses.
<DELETED>Sec. 1004. Authority to waive claims of the United States when
amounts recoverable are less than costs of
collection.
<DELETED>Sec. 1005. Repeal of funding restrictions concerning
development of medical countermeasures
against biological warfare threats.
<DELETED>Sec. 1006. Report on budgeting for exchange rates for foreign
currency fluctuations.
<DELETED>Sec. 1007. Fiscal year 2004 transfer authority.
<DELETED>Sec. 1008. Report on amounts remitted and reimbursed during
fiscal year 2004 under section 1007 of
Public Law 108-136.
<DELETED>Subtitle B--Naval Vessels and Shipyards
<DELETED>Sec. 1011. Authority for award of contracts for ship
dismantling on net-cost basis.
<DELETED>Sec. 1012. Independent study to assess cost effectiveness of
the Navy ship construction program.
<DELETED>Sec. 1013. Authority to transfer specified former naval
vessels to certain foreign countries.
<DELETED>Sec. 1014. Limitation on leasing of foreign-built vessels.
<DELETED>Subtitle C--Sunken Military Craft
<DELETED>Sec. 1021. Preservation of title to sunken military craft and
associated contents.
<DELETED>Sec. 1022. Prohibitions.
<DELETED>Sec. 1023. Permits.
<DELETED>Sec. 1024. Penalties.
<DELETED>Sec. 1025. Liability for damages.
<DELETED>Sec. 1026. Relationship to other laws.
<DELETED>Sec. 1027. Encouragement of agreements with foreign countries.
<DELETED>Sec. 1028. Definitions.
<DELETED>Subtitle D--Counter-Drug Activities
<DELETED>Sec. 1031. Continuation of authority to use Department of
Defense funds for unified counterdrug and
counterterrorism campaign in Colombia.
<DELETED>Sec. 1032. Limitation on number of United States military
personnel in Colombia.
<DELETED>Subtitle E--Reports
<DELETED>Sec. 1041. Study of continued requirement for two-crew manning
for ballistic missile submarines.
<DELETED>Sec. 1042. Study of effect on defense industrial base of
elimination of United States domestic
firearms manufacturing base.
<DELETED>Sec. 1043. Study of extent and quality of training provided to
members of the Armed Services to prepare
for post-conflict operations.
<DELETED>Subtitle F--Security Matters
<DELETED>Sec. 1051. Use of National Driver Register for personnel
security investigations and determinations.
<DELETED>Sec. 1052. Standards for disqualification from eligibility for
Department of Defense security clearance.
<DELETED>Subtitle G--Transportation-Related Matters
<DELETED>Sec. 1061. Use of military aircraft to transport mail to and
from overseas locations.
<DELETED>Sec. 1062. Reorganization and clarification of certain
provisions relating to control and
supervision of transportation within the
Department of Defense.
<DELETED>Sec. 1063. Determination of whether private air carriers are
controlled by United States citizens for
purposes of eligibility for Government
contracts for transportation of passengers
or supplies.
<DELETED>Sec. 1064. Evaluation of whether to prohibit certain offers
for transportation of security-sensitive
cargo.
<DELETED>Sec. 1065. Phased implementation of new program for
transporting household goods of members of
the Armed Forces.
<DELETED>Subtitle H--Other Matters
<DELETED>Sec. 1071. Two-year extension of authority of the Secretary of
Defense to engage in commercial activities
as security for intelligence collection
activities abroad.
<DELETED>Sec. 1072. Assistance for study of feasibility of biennial
international air trade show in the United
States and for initial implementation.
<DELETED>Sec. 1073. Technical and clerical amendments.
<DELETED>Sec. 1074. Commission on the long-term implementation of the
new strategic posture of the United States.
<DELETED>Sec. 1075. Liability protection for certain Department of
Defense volunteers working in the maritime
environment.
<DELETED>Sec. 1076. Transfer of historic F3A-1 Brewster Corsair
aircraft.
<DELETED>Sec. 1077. Assignment of members to assist Bureau of Border
Security and Bureau of Citizenship and
Immigration Services of the Department of
Homeland Security.
<DELETED>Sec. 1078. Authority to accept certain voluntary services.
<DELETED>Sec. 1079. Transfer of excess department of defense personal
property suitable for firefighting use to
support Federal excess personal property
program.
<DELETED>Sec. 1080. Expansion of Department of Defense excess personal
property disposal program to include health
agencies.
<DELETED>Sec. 1081. Placement of memorial in Arlington National
Cemetery honoring noncitizens killed in the
line of duty while serving in the Armed
Forces of the United States.
<DELETED>TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
<DELETED>Sec. 1101. Payment of Federal employee health benefit premiums
for mobilized Federal employees.
<DELETED>Sec. 1102. Foreign language proficiency pay.
<DELETED>Sec. 1103. Pay parity for civilian intelligence personnel.
<DELETED>Sec. 1104. Pay parity for senior executives in nonappropriated
fund instrumentalities.
<DELETED>Sec. 1105. Prohibition of unauthorized wearing or use of
civilian medals or decorations.
<DELETED>TITLE XII--MATTERS RELATING TO OTHER NATIONS
<DELETED>Subtitle A--Matters Relating to Iraq, Afghanistan, and Global
War on Terrorism
<DELETED>Sec. 1201. Documentation of conditions in Iraq under former
dictatorial government as part of
transition to post-dictatorial government.
<DELETED>Sec. 1202. Support of military operations to combat terrorism.
<DELETED>Sec. 1203. Commanders' Emergency Response Program.
<DELETED>Sec. 1204. Status of Iraqi security forces.
<DELETED>Sec. 1205. Guidance and report required on contractors
supporting deployed forces in Iraq.
<DELETED>Sec. 1206. Findings and sense of Congress concerning Army
Specialist Joseph Darby.
<DELETED>Sec. 1207. Sense of Congress concerning the abuse of persons
in custody in Iraq.
<DELETED>Sec. 1208. Sense of Congress regarding limitation on use of
funds for the reconstruction of Iraq.
<DELETED>Sec. 1209. Sense of Congress on destruction of Abu Ghraib
prison in Iraq.
<DELETED>Subtitle B--Other Matters
<DELETED>Sec. 1211. Assignment of allied naval personnel to submarine
safety programs.
<DELETED>Sec. 1212. Expansion of entities of the People's Republic of
China subject to certain presidential
authorities when operating in the United
States.
<DELETED>Sec. 1213. Report by President on Global Peace Operations
Initiative.
<DELETED>Sec. 1214. Procurement sanctions against foreign persons that
transfer certain defense articles and
services to the People's Republic of China.
<DELETED>Sec. 1215. Military educational exchanges between senior
officers and officials of the United States
and Taiwan.
<DELETED>TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE
FORMER SOVIET UNION
<DELETED>Sec. 1301. Specification of Cooperative Threat Reduction
programs and funds.
<DELETED>Sec. 1302. Funding allocations.
<DELETED>Sec. 1303. Temporary authority to waive limitation on funding
for chemical weapons destruction facility
in Russia.
<DELETED>TITLE XIV--EXPORT CONTROL AND COUNTERPROLIFERATION MATTERS
<DELETED>Subtitle A--Export Controls
<DELETED>Sec. 1401. Definitions under Arms Export Control Act.
<DELETED>Sec. 1402. Exemption from licensing requirements for export of
significant military equipment.
<DELETED>Sec. 1403. Cooperative projects with friendly foreign
countries.
<DELETED>Sec. 1404. Licensing requirement for export of militarily
critical technologies.
<DELETED>Sec. 1405. Control of exports of United States weapons
technology to the People's Republic of
China.
<DELETED>Sec. 1406. Strengthening international export controls.
<DELETED>Subtitle B--Counterproliferation Matters
<DELETED>Sec. 1411. Defense international counterproliferation
programs.
<DELETED>Sec. 1412. Defense counterproliferation fellowship program.
<DELETED>Subtitle C--Initiatives Relating to Countries of Former Soviet
Union
<DELETED>Sec. 1421. Silk Road initiative.
<DELETED>Sec. 1422. Teller-Kurchatov nonproliferation fellowships.
<DELETED>Sec. 1423. Collaboration to reduce the risks of a launch of
Russian nuclear weapons.
<DELETED>TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION
IRAQI FREEDOM AND OPERATION ENDURING FREEDOM
<DELETED>Sec. 1501. Purpose.
<DELETED>Subtitle A--Authorization of Appropriations
<DELETED>Sec. 1511. Army procurement.
<DELETED>Sec. 1512. Navy and Marine Corps procurement.
<DELETED>Sec. 1513. Air Force procurement.
<DELETED>Sec. 1514. Defense-wide activities procurement.
<DELETED>Sec. 1515. Operation and maintenance.
<DELETED>Sec. 1516. Defense health program.
<DELETED>Sec. 1517. Military personnel.
<DELETED>Sec. 1518. Treatment as additional authorizations.
<DELETED>Sec. 1519. Transfer authority.
<DELETED>Sec. 1520. Designation of emergency authorizations.
<DELETED>Subtitle B--Personnel Provisions
<DELETED>Sec. 1531. Three-year increase in active Army strength levels.
<DELETED>Sec. 1532. Three-year increase in active Marine Corps strength
levels.
<DELETED>Sec. 1533. Extension of increased rates for imminent danger
pay and family separation allowance.
<DELETED>Subtitle C--Financial Management Matters
<DELETED>Sec. 1541. Revised funding methodology for military retiree
health care benefits.
<DELETED>DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
<DELETED>Sec. 2001. Short title.
<DELETED>TITLE XXI--ARMY
<DELETED>Sec. 2101. Authorized Army construction and land acquisition
projects.
<DELETED>Sec. 2102. Family housing.
<DELETED>Sec. 2103. Improvements to military family housing units.
<DELETED>Sec. 2104. Authorization of appropriations, Army.
<DELETED>Sec. 2105. Modification of authority to carry out certain
fiscal year 2004 projects.
<DELETED>Sec. 2106. Modification of authority to carry out certain
fiscal year 2003 project.
<DELETED>TITLE XXII--NAVY
<DELETED>Sec. 2201. Authorized Navy construction and land acquisition
projects.
<DELETED>Sec. 2202. Family housing.
<DELETED>Sec. 2203. Improvements to military family housing units.
<DELETED>Sec. 2204. Authorization of appropriations, Navy.
<DELETED>TITLE XXIII--AIR FORCE
<DELETED>Sec. 2301. Authorized Air Force construction and land
acquisition projects.
<DELETED>Sec. 2302. Family housing.
<DELETED>Sec. 2303. Improvements to military family housing units.
<DELETED>Sec. 2304. Authorization of appropriations, Air Force.
<DELETED>TITLE XXIV--DEFENSE AGENCIES
<DELETED>Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
<DELETED>Sec. 2402. Improvements to military family housing units.
<DELETED>Sec. 2403. Energy conservation projects.
<DELETED>Sec. 2404. Authorization of appropriations, Defense Agencies.
<DELETED>TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY
INVESTMENT PROGRAM
<DELETED>Sec. 2501. Authorized NATO construction and land acquisition
projects.
<DELETED>Sec. 2502. Authorization of appropriations, NATO.
<DELETED>TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
<DELETED>Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
<DELETED>TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
<DELETED>Sec. 2701. Expiration of authorizations and amounts required
to be specified by law.
<DELETED>Sec. 2702. Extension of authorizations of certain fiscal year
2002 projects.
<DELETED>Sec. 2703. Extension and renewal of authorizations of certain
fiscal year 2001 projects.
<DELETED>Sec. 2704. Effective date.
<DELETED>TITLE XXVIII--GENERAL PROVISIONS
<DELETED>Subtitle A--Military Construction Program and Military Family
Housing Changes
<DELETED>Sec. 2801. Increase in certain thresholds for carrying out
unspecified minor military construction
projects.
<DELETED>Sec. 2802. Assessment of vulnerability of military
installations to terrorist attack and
annual report on military construction
requirements related to antiterrorism and
force protection.
<DELETED>Sec. 2803. Change in threshold for congressional notification
regarding use of operation and maintenance
funds for facility repair.
<DELETED>Sec. 2804. Reporting requirements regarding military family
housing requirements for general officers
and flag officers.
<DELETED>Sec. 2805. Congressional notification of deviations from
authorized cost variations for military
construction projects and military family
housing projects.
<DELETED>Sec. 2806. Repeal of limitation on use of alternative
authority for acquisition and improvement
of military family housing.
<DELETED>Sec. 2807. Temporary authority to accelerate design efforts
for military construction projects carried
out using design-build selection
procedures.
<DELETED>Sec. 2808. Exchange or sale of reserve component facilities to
acquire replacement facilities.
<DELETED>Sec. 2809. One-year extension of temporary, limited authority
to use operation and maintenance funds for
construction projects outside the United
States.
<DELETED>Sec. 2810. Consideration of combination of military medical
treatment facilities and health care
facilities of Department of Veterans
Affairs.
<DELETED>Subtitle B--Real Property and Facilities Administration
<DELETED>Sec. 2811. Increase in certain thresholds for reporting real
property transactions.
<DELETED>Sec. 2812. Reorganization of existing administrative
provisions relating to real property
transactions.
<DELETED>Sec. 2813. Treatment of money rentals from golf course at Rock
Island Arsenal, Illinois.
<DELETED>Sec. 2814. Number of contracts authorized department-wide
under demonstration program on reduction in
long-term facility maintenance costs.
<DELETED>Sec. 2815. Repeal of Commission on Review of Overseas Military
Facility Structure of the United States.
<DELETED>Sec. 2816. 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.
<DELETED>Sec. 2817. Elimination of reversionary interests clouding
United States title to property used as
Navy homeports.
<DELETED>Sec. 2818. Report on feasibility of veterans memorial at
Marine Corps Air Station, El Toro,
California.
<DELETED>Subtitle C--Base Closure and Realignment
<DELETED>Sec. 2821. Two-year postponement of 2005 base closure and
realignment round and submission of reports
regarding future infrastructure
requirements for the armed forces.
<DELETED>Sec. 2822. Establishment of specific deadline for submission
of revisions to force-structure plan and
infrastructure inventory for next base
closure round.
<DELETED>Sec. 2823. Specification of final selection criteria for next
base closure round.
<DELETED>Sec. 2824. Requirement for unanimous vote of Defense Base
Closure and Realignment Commission to add
to or otherwise expand closure and
realignment recommendations made by
Secretary of Defense.
<DELETED>Sec. 2825. Adherence to certain authorities on preservation of
military depot capabilities during any
subsequent round of base closures and
realignments.
<DELETED>Subtitle D--Land Conveyances
<DELETED>Part I--Army Conveyances
<DELETED>Sec. 2831. Transfer of administrative jurisdiction, Defense
Supply Center, Columbus, Ohio.
<DELETED>Sec. 2832. Land conveyance, Fort Hood, Texas.
<DELETED>Sec. 2833. Land conveyance, Army National Guard Facility,
Seattle, Washington.
<DELETED>Sec. 2834. Modification of land exchange and consolidation,
Fort Lewis, Washington.
<DELETED>Part II--Navy Conveyances
<DELETED>Sec. 2841. Transfer of jurisdiction, Nebraska Avenue Naval
Complex, District of Columbia.
<DELETED>Sec. 2842. Land conveyance, Navy property, former Fort
Sheridan, Illinois.
<DELETED>Sec. 2843. Land exchange, Naval Air Station, Patuxent River,
Maryland.
<DELETED>Part III--Air Force Conveyances
<DELETED>Sec. 2851. Land exchange, Maxwell Air Force Base, Alabama.
<DELETED>DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY
AUTHORIZATIONS AND OTHER AUTHORIZATIONS
<DELETED>TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
<DELETED>Subtitle A--National Security Programs Authorizations
<DELETED>Sec. 3101. National Nuclear Security Administration.
<DELETED>Sec. 3102. Defense environmental management.
<DELETED>Sec. 3103. Other defense activities.
<DELETED>Sec. 3104. Defense nuclear waste disposal.
<DELETED>Subtitle B--Program Authorizations, Restrictions, and
Limitations
<DELETED>Sec. 3111. Extension of authority for appointment of certain
scientific, engineering, and technical
personnel.
<DELETED>Sec. 3112. Requirements for baseline of projects under
Facilities and Infrastructure
Recapitalization Program.
<DELETED>Subtitle C--Other Matters
<DELETED>Sec. 3131. Transfers and reprogrammings of National Nuclear
Security Administration funds.
<DELETED>Sec. 3132. National Academy of Sciences study on management by
Department of Energy of high-level
radioactive waste.
<DELETED>Sec. 3133. Contract to review Waste Isolation Pilot Plant, New
Mexico.
<DELETED>Sec. 3134. Additional amount for defense site acceleration
completion.
<DELETED>Sec. 3135. Improvements to energy employees occupational
illness compensation program.
<DELETED>TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
<DELETED>Sec. 3201. Authorization.
<DELETED>TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
<DELETED>Sec. 3301. Authorized uses of National Defense Stockpile
funds.
<DELETED>Sec. 3302. Relaxation of quantity restrictions on disposal of
manganese ferro in National Defense
Stockpile.
<DELETED>Sec. 3303. Revision of earlier authority to dispose of certain
materials in National Defense Stockpile.
<DELETED>TITLE XXXIV--NAVAL PETROLEUM RESERVES
<DELETED>Sec. 3401. Authorization of appropriations.
<DELETED>TITLE XXXV--MARITIME ADMINISTRATION
<DELETED>Sec. 3501. Authorization of appropriations for Maritime
Administration.
<DELETED>Sec. 3502. Extension of authority to provide war risk
insurance for merchant marine vessels.
<DELETED>TITLE XXXVI--SMALL BUSINESS ADMINISTRATION
<DELETED>Sec. 3601. Addition of landscaping and pest control services
to list of designated industry groups
participating in the small business
competitiveness demonstration program.
<DELETED>SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS</DELETED>
<DELETED>TITLE I--PROCUREMENT</DELETED>
<DELETED>Subtitle A--Authorization of Appropriations</DELETED>
<DELETED>SEC. 101. ARMY.</DELETED>
<DELETED> Funds are hereby authorized to be appropriated for fiscal
year 2005 for procurement for the Army as follows:</DELETED>
<DELETED> (1) For aircraft, $2,805,941,000.</DELETED>
<DELETED> (2) For missiles, $1,414,321,000.</DELETED>
<DELETED> (3) For weapons and tracked combat vehicles,
$1,739,695,000.</DELETED>
<DELETED> (4) For ammunition, $1,729,402,000.</DELETED>
<DELETED> (5) For other procurement,
$4,313,640,000.</DELETED>
<DELETED>SEC. 102. NAVY AND MARINE CORPS.</DELETED>
<DELETED> (a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2005 for procurement for the Navy as follows:</DELETED>
<DELETED> (1) For aircraft, $8,912,667,000.</DELETED>
<DELETED> (2) For weapons, including missiles and torpedoes,
$2,253,454,000.</DELETED>
<DELETED> (3) For ammunition, $870,840,000.</DELETED>
<DELETED> (4) For shipbuilding and conversion,
$10,120,027,000.</DELETED>
<DELETED> (5) For other procurement,
$4,876,725,000.</DELETED>
<DELETED> (b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2005 for procurement for the Marine Corps
in the amount of $1,315,103,000.</DELETED>
<DELETED>SEC. 103. AIR FORCE.</DELETED>
<DELETED> Funds are hereby authorized to be appropriated for fiscal
year 2005 for procurement for the Air Force as follows:</DELETED>
<DELETED> (1) For aircraft, $13,649,174,000.</DELETED>
<DELETED> (2) For ammunition, $1,396,457,000.</DELETED>
<DELETED> (3) For missiles, $4,638,313,000.</DELETED>
<DELETED> (4) For other procurement,
$13,229,257,000.</DELETED>
<DELETED>SEC. 104. DEFENSE-WIDE ACTIVITIES.</DELETED>
<DELETED> Funds are hereby authorized to be appropriated for fiscal
year 2005 for Defense-wide procurement in the amount of
$2,950,702,000.</DELETED>
<DELETED>Subtitle B--Program Matters</DELETED>
<DELETED>SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR THE LIGHT-WEIGHT
155-MILLIMETER HOWITZER PROGRAM.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 112. DDG-51 MODERNIZATION PROGRAM.</DELETED>
<DELETED> (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. As part of that modernization
program, the Secretary shall include additional emphasis on determining
a means to reduce crew size from approximately 300 to about
200.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 113. REPEAL OF AUTHORITY FOR PILOT PROGRAM FOR FLEXIBLE
FUNDING OF CRUISER CONVERSIONS AND OVERHAULS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 114. FORCE PROTECTION FOR ASYMMETRIC THREAT
ENVIRONMENT.</DELETED>
<DELETED> (a) Requirement for Asymmetric Threat Assessment.--(1) The
Secretary of Defense shall require the Secretary of each military
department to perform an assessment of the survivability and
suitability against asymmetrical threats of each of the following
military systems under the jurisdiction of that Secretary:</DELETED>
<DELETED> (A) Each manned ground system or war-fighter
survivability system that may be required to deploy in an
asymmetrical threat environment.</DELETED>
<DELETED> (B) Each manned airborne system that may be
required to deploy in an asymmetrical threat
environment.</DELETED>
<DELETED> (2) For each system covered by paragraph (1), the
Secretary concerned shall establish the key performance parameters for
survivability and suitability against asymmetric threats.</DELETED>
<DELETED> (3) The assessments under paragraph (1) shall be completed
not later than July 1, 2005.</DELETED>
<DELETED> (4) The Secretary of each military department shall review
annually the assessments under paragraph (1) conducted by that
Secretary to ensure that the assessments remains relevant to the
asymmetric threat environment.</DELETED>
<DELETED> (b) Requirement for Force Protection.--(1) The Secretary
of Defense shall require the Secretary of each military department, for
each system covered by subsection (a)(1) under that Secretary's
jurisdiction, either to--</DELETED>
<DELETED> (A) take each of the force protection or
survivability steps specified in paragraph (2); or</DELETED>
<DELETED> (B) restrict the system from deployment to an
asymmetrical threat environment.</DELETED>
<DELETED> (2) The force protection or survivability steps for a
system covered by subsection (a)(1) are the following:</DELETED>
<DELETED> (A) Development of force protection or
survivability enhancements for the system that meet the key
performance parameters established for that system under
subsection (a)(2).</DELETED>
<DELETED> (B) Budgeting for in-service modification programs
for the system to provide force protection and survivability
enhancements developed under subparagraph (A).</DELETED>
<DELETED> (C) Development of tactics, techniques, and
procedures for the system to maximize force protection and
survivability.</DELETED>
<DELETED> (c) Waiver.--The Secretary of Defense may waive the
applicability of subsection (b) to a system covered by subsection
(a)(1) 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.</DELETED>
<DELETED> (d) Requirement for New Development Military Acquisition
Programs.--The Secretary of Defense shall require the Secretary of each
military department, for each military acquisition program that has not
entered low-rate initial production as of the date of the enactment of
this Act, to include in the development of that program--</DELETED>
<DELETED> (1) as part of the system requirements
development, assessments of war-fighter survivability and of
system suitability against asymmetrical threats; and</DELETED>
<DELETED> (2) as part of the documentation of system
requirements, requirements for key performance parameters for
force protection and survivability.</DELETED>
<DELETED> (e) Asymmetrical Threat Environment.--For purposes of this
section, the term ``asymmetrical threat environment'', with respect to
a manned system, means a security, stability, or peacekeeping operation
in which the system is deployed or any other such environment in which
an asymmetrical threat may exist (or, in the case of a manned airborne
system, another such environment in which airborne operations would
subject the system to a ground-based asymmetrical threat).</DELETED>
<DELETED>SEC. 115. ALLOCATION OF EQUIPMENT AUTHORIZED BY THIS TITLE TO
BE MADE ON BASIS OF UNITS DEPLOYED OR PREPARING TO
DEPLOY.</DELETED>
<DELETED> The Secretary of Defense shall provide that, in the
allocation to operational units of equipment acquired using funds
authorized to be appropriated by this title, priority shall be given to
units that are deployed to, or preparing to deploy to, Operation Iraqi
Freedom or Operation Enduring Freedom, regardless of the status of
those units as active, Guard, or reserve component units.</DELETED>
<DELETED>SEC. 116. MULTIYEAR PROCUREMENT AUTHORITY FOR KC-767 TANKER
AIRCRAFT ACQUISITION PROGRAM.</DELETED>
<DELETED> (a) Multiyear Procurement Authority.--(1) The Secretary of
the Air Force may, in accordance with section 2306b of title 10, United
States Code, enter into a multiyear contract, beginning with the fiscal
year 2005 program year, for procurement of 80 KC-767 tanker
aircraft.</DELETED>
<DELETED> (2) Notwithstanding subsection (k) of section 2306b of
title 10, United States Code, a contract under this subsection may be
for any period not in excess of eight program years.</DELETED>
<DELETED> (b) Limitation.--Subsection (b) 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 repealed.</DELETED>
<DELETED> (c) Relationship to Previous Law.--The multiyear
procurement authority in subsection (a) may not be executed under
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) or
under section 8159 of the Department of Defense Appropriations Act,
2002 (division A of Public Law 107-117).</DELETED>
<DELETED>SEC. 117. OTHER MATTERS RELATING TO KC-767 TANKER AIRCRAFT
ACQUISITION PROGRAM.</DELETED>
<DELETED> (a) Sense of Congress.--It is the sense of Congress that--
</DELETED>
<DELETED> (1) aerial refueling capability for the Armed
Forces is a critical combat force multiplier;</DELETED>
<DELETED> (2) the Nation must expeditiously proceed with a
program to replace the Air Force's aging fleet of aerial
refueling tankers;</DELETED>
<DELETED> (3) in pursuing an aerial refueling tanker
program, the Department of Defense should take full advantage
of the United States commercial aircraft production base;
and</DELETED>
<DELETED> (4) anyone suspected of involvement in improper or
illegal activities associated with such a program should be
investigated and, if warranted, prosecuted to the fullest
extent of the law.</DELETED>
<DELETED> (b) Requirement for Renegotiation of Contract.--The
Secretary of the Air Force shall enter into one or more contracts for
the Air Force multiyear tanker aircraft program no later than March 1,
2005, provided that any such contract is negotiated after June 1,
2004.</DELETED>
<DELETED> (c) Review by Outside Panel.--(1) The Secretary of Defense
shall establish a panel of experts from outside the Department of
Defense to review any proposed contract for the multiyear tanker
aircraft program. The panel shall be comprised of individuals who, by
reason of education, training, or experience, have expertise relevant
to the evaluation of a proposed contract for the lease or procurement
of aircraft under that program.</DELETED>
<DELETED> (2) The panel shall review any proposed contract for the
multiyear tanker aircraft program to assess, and assist the Secretary
of the Air Force in determining, whether the Air Force would under that
contract obtain the best value for funds expended. The panel shall
serve in whatever manner the Secretary of Defense determines is
appropriate to provide an independent review of any such proposed
contract. The Secretary shall provide for the panel to make a
determination of, and to advise the Secretary of the Air Force on, what
would constitute a fair and reasonable contract for that
program.</DELETED>
<DELETED> (d) Report.--The Secretary of Defense shall provide for
the panel established under subsection (c) to submit a report providing
the results of its review to the Secretary of the Air Force and the
congressional defense committees.</DELETED>
<DELETED> (e) Multiyear Tanker Aircraft Program Defined.--In this
section, the term ``multiyear tanker aircraft program'' means the
program for--</DELETED>
<DELETED> (1) lease of no more than 20 aerial refueling
aircraft for the Air Force authorized under section 8159 of the
Department of Defense Appropriations Act, 2002 (division A of
Public Law 107-117; 115 Stat. 2284), subject to section 135(a)
of the National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 117 Stat. 1413); and</DELETED>
<DELETED> (2) procurement of no more than 80 KC-767 tanker
aircraft for which a multiyear procurement contract is
authorized by section 116(a) of this Act.</DELETED>
<DELETED> (f) Interpretation.--Section 134 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1412) is amended by adding at the end the following new
subsection:</DELETED>
<DELETED> ``(c) Interpretation.--Nothing in subsection (b) or
section 1111 of the Emergency Supplemental Appropriations Act for
Defense and for the Reconstruction of Iraq and Afghanistan, 2004
(Public Law 108-106; 117 Stat. 1215) is intended to prohibit the
Secretary of the Air Force from executing the program described in
section 135(a) of this Act and section 116 of the National Defense
Authorization Act for Fiscal Year 2005.''.</DELETED>
<DELETED>SEC. 118. ADDITIONAL AMOUNT FOR PATRIOT MISSILE
PROCUREMENT.</DELETED>
<DELETED> (a) Additional Amounts.--The amount in section 101 for
Army procurement, missiles, is hereby increased by $90,000,000, to be
available for Patriot missiles.</DELETED>
<DELETED> (b) Offsetting Reductions.--(1) The amount in section 101
for Other Support Space Programs is hereby decreased by $27,000,000, to
be derived from Titan Space Boosters (SPACE).</DELETED>
<DELETED> (2) The amount in section 301(4) for operation and
maintenance, Air Force, is hereby reduced by $15,000,000, to be derived
from the transportation working capital fund.</DELETED>
<DELETED> (3) The amount in section 201(4) for research,
development, test, and evaluation, defense-wide, is hereby reduced by
$48,000,000, to be derived from the Ballistic Missile Defense System
Interceptor program element (PE 63886C).</DELETED>
<DELETED>SEC. 119. TRANSFER OF CERTAIN ARMY PROCUREMENT
FUNDS.</DELETED>
<DELETED> (a) Increase for Certain Helicopter Items.--The amount
provided in section 101(1) for procurement of aircraft for the Army is
hereby increased by $4,000,000, of which--</DELETED>
<DELETED> (1) $2,000,000 shall be available for procurement
of the Aircraft Wireless Intercom System; and</DELETED>
<DELETED> (2) $2,000,000 shall be available for procurement
of bladefold kits for Apache Helicopters.</DELETED>
<DELETED> (b) Offset.--The amount provided in section 101(5) for
Other Procurement, Army, is hereby reduced by $4,000,000, to be derived
from amounts for Information Systems.</DELETED>
<DELETED>TITLE II--RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION</DELETED>
<DELETED>Subtitle A--Authorization of Appropriations</DELETED>
<DELETED>SEC. 201. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> (1) For the Army, $9,478,164,000.</DELETED>
<DELETED> (2) For the Navy, $16,047,841,000.</DELETED>
<DELETED> (3) For the Air Force, $21,527,967,000.</DELETED>
<DELETED> (4) For Defense-wide activities, $21,074,389,000,
of which $305,135,000 is authorized for the Director of
Operational Test and Evaluation.</DELETED>
<DELETED>SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.</DELETED>
<DELETED> (a) Fiscal Year 2005.--Of the amounts authorized to be
appropriated by section 201, $11,067,698,000 shall be available for the
Defense Science and Technology Program, including basic research,
applied research, and advanced technology development
projects.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 203. PROGRAM INCREASES.</DELETED>
<DELETED> (a) Nano-composite Hard-coat for Aircraft Canopies.--The
amount provided in section 201(2) for research development, test and
evaluation, Navy, is hereby increased by $5,000,000, to be available
for Nano-composite hard-coat for aircraft canopies in Program Element
0205633N.</DELETED>
<DELETED> (b) Command-and-Control Service Level Management.--The
amount provided in section 201(3) for research development, test and
evaluation, Air Force, is hereby increased by $5,000,000, to be
available for command-and-control service level management in Program
Element 0207443F for best-commercial practices and enterprise wide
architectures for military command-and-control applications.</DELETED>
<DELETED>Subtitle B--Program Requirements, Restrictions, and
Limitations</DELETED>
<DELETED>SEC. 211. FUTURE COMBAT SYSTEMS PROGRAM STRATEGY.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Elements of Program Strategy.--The program strategy
shall--</DELETED>
<DELETED> (1) require the release, at the design readiness
review, of not less than 90 percent of engineering drawings for
the building of prototypes;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (1) The independent cost estimate with respect to
the program prepared by the cost analysis improvement group of
the Office of the Secretary of Defense.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) A report, prepared by the chief information
officer of the Army, describing--</DELETED>
<DELETED> (A) the status of the development and
integration of the network and the command, control,
computers, communications, intelligence, surveillance,
and reconnaissance components; and</DELETED>
<DELETED> (B) the progress made toward meeting the
requirements for network-centric capabilities as set
forth by such officer.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) 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.</DELETED>
<DELETED> (2) The limitation in paragraph (1) shall not apply after
the Secretary of the Army submits to Congress the Secretary's
certification that the Secretary has established and implemented the
program strategy required by subsection (a).</DELETED>
<DELETED>SEC. 212. COLLABORATIVE PROGRAM FOR RESEARCH AND DEVELOPMENT
OF VACUUM ELECTRONICS TECHNOLOGIES.</DELETED>
<DELETED> (a) Program Required.--The Secretary of Defense shall
establish a program for research and development in advanced vacuum
electronics to meet the requirements of the Department of Defense
electromagnetic systems.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (1) Activities needed for development and
maturation of advanced vacuum electronics technologies needed
to meet the requirements of the Department of
Defense.</DELETED>
<DELETED> (2) Identification of legacy and developmental
electromagnetic systems for use of advanced vacuum electronics
under the program.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (1) Identification of the officer to have lead
responsibility for carrying out the program.</DELETED>
<DELETED> (2) A description of the management plan for the
program and any agreements relating to that plan.</DELETED>
<DELETED> (3) A schedule for the program.</DELETED>
<DELETED> (4) Identification of the funding required for
fiscal year 2006 and for the future-years defense program to
carry out the program.</DELETED>
<DELETED> (5) A list of program capability goals and
objectives.</DELETED>
<DELETED> (d) Funding.--Of the funds authorized to be appropriated
in section 201--</DELETED>
<DELETED> (1) $13,500,000 shall be available in program
element 62771N for applied research in vacuum electronics;
and</DELETED>
<DELETED> (2) $5,000,000 shall be available in program
element 63771N for advanced technology development in vacuum
electronics.</DELETED>
<DELETED>SEC. 213. ANNUAL COMPTROLLER GENERAL REPORT ON JOINT STRIKE
FIGHTER PROGRAM.</DELETED>
<DELETED> (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 Congress 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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (1) The extent to which such system development
and demonstration is meeting established goals, including the
goals established for performance, cost, and
schedule.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 214. AMOUNTS FOR UNITED STATES JOINT FORCES COMMAND TO BE
DERIVED ONLY FROM DEFENSE-WIDE AMOUNTS.</DELETED>
<DELETED> (a) In General.--Chapter 9 of title 10, United States
Code, is amended by adding at the end the following new
section:</DELETED>
<DELETED>``Sec. 232. United States Joint Forces Command: amounts for
research, development, test, and evaluation to be derived
only from Defense-wide amounts</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the following
new item:</DELETED>
<DELETED>``232. United States Joint Forces Command: amounts for
research, development, test, and evaluation
to be derived only from Defense-wide
amounts.''.
<DELETED>SEC. 215. SPACE BASED RADAR.</DELETED>
<DELETED> (a) Limitation.--In carrying out the Space Based Radar
program, the Secretary of Defense may not authorize that program to
proceed into the system development and procurement phase referred to
as Milestone B until the Secretary--</DELETED>
<DELETED> (1) submits to the congressional defense
committees, the Permanent Select Committee on Intelligence of
the House of Representatives, and the Select Committee on
Intelligence of the Senate a report described in subsection
(b); and</DELETED>
<DELETED> (2) a period of 30 days has elapsed after the date
on which such report is submitted.</DELETED>
<DELETED> (b) Report.--A report under this subsection is a report on
the Space Based Radar program in which the Secretary of Defense sets
forth the following with respect to that program:</DELETED>
<DELETED> (1) A description of the technical system concept
selected.</DELETED>
<DELETED> (2) A description of the concept of operations
associated with the technical system concept
selected.</DELETED>
<DELETED> (3) An independent cost estimate for development
and procurement under the program.</DELETED>
<DELETED> (4) The acquisition strategy for the
program.</DELETED>
<DELETED>SEC. 216. MARK-54 TORPEDO PRODUCT IMPROVEMENT
PROGRAM.</DELETED>
<DELETED> Of the amount provided in section 201 for research,
development, test, and evaluation for the Navy, $2,000,000 within the
budget line designated as line 120 shall be available for the Mark-54
Torpedo Product Improvement Program.</DELETED>
<DELETED>Subtitle C--Ballistic Missile Defense</DELETED>
<DELETED>SEC. 221. FIELDING OF BALLISTIC MISSILE DEFENSE
CAPABILITIES.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE III--OPERATION AND MAINTENANCE</DELETED>
<DELETED>Subtitle A--Authorization of Appropriations</DELETED>
<DELETED>SECTION 301. OPERATION AND MAINTENANCE FUNDING.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> (1) For the Army, $25,838,611,000.</DELETED>
<DELETED> (2) For the Navy, $29,523,490,000.</DELETED>
<DELETED> (3) For the Marine Corps,
$3,637,615,000.</DELETED>
<DELETED> (4) For the Air Force, $27,143,566,000.</DELETED>
<DELETED> (5) For Defense-wide activities,
$17,317,406,000.</DELETED>
<DELETED> (6) For the Army Reserve,
$2,003,728,000.</DELETED>
<DELETED> (7) For the Naval Reserve,
$1,240,038,000.</DELETED>
<DELETED> (8) For the Marine Corps Reserve,
$188,696,000</DELETED>
<DELETED> (9) For the Air Force Reserve,
$2,226,790,000</DELETED>
<DELETED> (10) For the Army National Guard,
$4,425,686,000.</DELETED>
<DELETED> (11) For the Air National Guard,
$4,448,938,000.</DELETED>
<DELETED> (12) For the United States Court of Appeals for
the Armed Forces, $10,825,000.</DELETED>
<DELETED> (13) For Environmental Restoration, Army,
$400,948,000.</DELETED>
<DELETED> (14) For Environmental Restoration, Navy,
$266,820,000.</DELETED>
<DELETED> (15) For Environmental Restoration, Air Force,
$397,368,000.</DELETED>
<DELETED> (16) For Environmental Restoration, Defense-wide,
$23,684,000</DELETED>
<DELETED> (17) For Environmental Restoration, Formerly Used
Defense Sites, $216,516,000.</DELETED>
<DELETED> (18) For Overseas Humanitarian, Disaster, and
Civic Aid programs, $59,000,000.</DELETED>
<DELETED> (19) For Cooperative Threat Reduction programs,
$409,200,000.</DELETED>
<DELETED> (20) For the Overseas Contingency Operations
Transfer Fund, $5,000,000.</DELETED>
<DELETED> (21) For the Defense Industrial Base Capabilities
Fund, $50,000,000</DELETED>
<DELETED>SEC. 302. WORKING CAPITAL FUNDS.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> (1) For the Defense Working Capital Funds,
$372,886,000.</DELETED>
<DELETED> (2) For the National Defense Sealift Fund,
$1,219,252,000.</DELETED>
<DELETED> (3) For the Defense Working Capital Fund, Defense
Commissary, $1,175,000,000</DELETED>
<DELETED>SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.</DELETED>
<DELETED> (a) Defense Health Program.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 2005
for expenses, not otherwise provided for, for the Defense Health
Program, $17,811,586,000, of which--</DELETED>
<DELETED> (1) $17,374,544,000 is for Operation and
Maintenance;</DELETED>
<DELETED> (2) $72,407,000 is for Research, Development,
Test, and Evaluation; and</DELETED>
<DELETED> (3) $364,635,000 is for Procurement.</DELETED>
<DELETED> (b) Chemical Agents and Munitions Destruction, Defense.--
(1) Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2005 for expenses, not otherwise provided
for, for Chemical Agents and Munitions Destruction, Defense,
$1,371,990,000, of which--</DELETED>
<DELETED> (A) $1,138,801,000 is for Operation and
Maintenance;</DELETED>
<DELETED> (B) $154,209,000 is for Research, Development,
Test, and Evaluation; and</DELETED>
<DELETED> (C) $78,980,000 is for Procurement.</DELETED>
<DELETED> (2) Amounts authorized to be appropriated under paragraph
(1) are authorized for--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) the destruction of chemical warfare materiel
of the United States that is not covered by section 1412 of
such Act.</DELETED>
<DELETED> (c) Drug Interdiction and Counter-Drug Activities,
Defense-wide.--Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2005 for expenses, not otherwise
provided for, for Drug Interdiction and Counter-Drug Activities,
Defense-wide, $852,697,000.</DELETED>
<DELETED> (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, $193,562,000, of
which--</DELETED>
<DELETED> (1) $191,362,000 is for Operation and
Maintenance;</DELETED>
<DELETED> (2) $2,100,000 is for Research, Development, Test,
and Evaluation; and</DELETED>
<DELETED> (3) $100,000 is for Procurement.</DELETED>
<DELETED>SEC. 304. REIMBURSEMENT OF MEMBERS OF THE ARMED FORCES WHO
PURCHASED PROTECTIVE BODY ARMOR DURING SHORTAGE OF
DEFENSE STOCKS OF BODY ARMOR.</DELETED>
<DELETED> (a) Reimbursement Authorized.--The Secretary of Defense
may reimburse a member of the Armed Forces for the cost of protective
body armor purchased by the member, or by another person on behalf of
the member, for use by the member while deployed in connection with
Operation Noble Eagle, Operation Enduring Freedom, or Operation Iraqi
Freedom if the member was not issued protective body armor before the
member became engaged in operations in areas or situations described in
section 310(a)(2) of title 37, United States Code.</DELETED>
<DELETED> (b) Duration of Authority.--Reimbursement may be provided
under subsection (a) for protective body armor purchased during the
period beginning on September 11, 2001, and ending on December 31,
2003. Not later than 60 days after the date of the enactment of this
Act, the Secretary shall implement regulations to expedite the
provision of such reimbursement.</DELETED>
<DELETED>SEC. 305. REDUCTION IN AUTHORIZATION FOR AIR FORCE OPERATIONS
AND MAINTENANCE.</DELETED>
<DELETED> The amount authorized to be appropriated in section 301(4)
is hereby reduced by $10,000,000, to be derived from the transportation
working capital fund.</DELETED>
<DELETED>SEC. 306. ELIMINATION OF BACKLOG IN PROCESSING FORENSIC
EVIDENCE COLLECTION KITS AND ACQUISITION OF SUFFICIENT
STOCKS OF SUCH KITS.</DELETED>
<DELETED> The Secretary of Defense shall take such steps as may be
necessary to eliminate the current backlog in the processing of
forensic evidence collection kits used by the Department of Defense, to
shorten the time period between the use of such kits and their
processing in the future, and to ensure an adequate supply of such kits
for all domestic and overseas United States military installations,
including the military service academies, and for units of the Armed
Forces deployed in theaters of operation.</DELETED>
<DELETED>Subtitle B--Environmental Provisions</DELETED>
<DELETED>SEC. 311. REPORT REGARDING ENCROACHMENT ISSUES AFFECTING UTAH
TEST AND TRAINING RANGE, UTAH.</DELETED>
<DELETED> (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 such recommendations as the Secretary considers appropriate
regarding any legislative initiatives necessary to address encroachment
problems identified by the Secretary in the report.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>Subtitle C--Workplace and Depot Issues</DELETED>
<DELETED>SEC. 321. SIMPLIFICATION OF ANNUAL REPORTING REQUIREMENTS
CONCERNING FUNDS EXPENDED FOR DEPOT MAINTENANCE AND
REPAIR WORKLOADS.</DELETED>
<DELETED> Subsection (d) of section 2466 of title 10, United States
Code, is amended to read as follows:</DELETED>
<DELETED> ``(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 in the current fiscal year and next
fiscal year, for performance of depot-level maintenance and repair
workloads by the public and private sectors.</DELETED>
<DELETED> ``(2) Not later than 60 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--
</DELETED>
<DELETED> ``(A) the Department of Defense has complied with
the requirements of subsection (a) during the preceding fiscal
year covered by the report; and</DELETED>
<DELETED> ``(B) the expenditure projections for the current
fiscal year and next fiscal year are reasonable.''.</DELETED>
<DELETED>SEC. 322. REPEAL OF ANNUAL REPORTING REQUIREMENT CONCERNING
MANAGEMENT OF DEPOT EMPLOYEES.</DELETED>
<DELETED> (a) Repeal.--Section 2472 of title 10, United States Code,
is amended--</DELETED>
<DELETED> (1) by striking ``(a) Prohibition on Management by
End Strength.--''; and</DELETED>
<DELETED> (2) by striking subsection (b).</DELETED>
<DELETED> (b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:</DELETED>
<DELETED>``Sec. 2472. Prohibition on management of depot employees by
end strength''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``2472. Prohibition on management of depot employees by end
strength.''.
<DELETED>SEC. 323. PUBLIC-PRIVATE COMPETITION FOR WORK PERFORMED BY
CIVILIAN EMPLOYEES OF DEPARTMENT OF DEFENSE.</DELETED>
<DELETED> (a) In General.--Section 2461(b) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(5)(A) A function of the Department of Defense performed
by 10 or more civilian employees may not be converted, in whole or in
part, to performance by a contractor unless, the conversion is based on
the results of a public-private competition process that--</DELETED>
<DELETED> ``(i) formally compares the cost of civilian
employee performance of the function with the costs of
performance by a contractor;</DELETED>
<DELETED> ``(ii) creates an agency tender, including a most
efficient organization plan, in accordance with Office of
Management and Budget Circular A-76, as implemented on May 29,
2003;</DELETED>
<DELETED> ``(iii) determines whether the submitted offers
meet the needs of the Department of Defense with respect to
factors other than cost, including quality and
reliability;</DELETED>
<DELETED> ``(iv) requires continued performance of the
function by civilian employees if the cost of performance of
the function by a contractor would, over all performance
periods required by the solicitation, cost less than--
</DELETED>
<DELETED> ``(I) 10 percent of the personnel-related
costs for performance of that activity or function in
the agency tender; or</DELETED>
<DELETED> ``(II) $10,000,000; and</DELETED>
<DELETED> ``(v) provides no advantage to an offeror for a
proposal to reduce costs for the Department of Defense by--
</DELETED>
<DELETED> ``(I) not making an employer-sponsored
health insurance plan available to the workers who are
to be employed in the performance of such function
under a contract; or</DELETED>
<DELETED> ``(II) offering to such workers an
employer-sponsored health benefits plan that requires
the employer to contribute less towards the premium or
subscription share than that which is paid by the
Department of Defense for health benefits for civilian
employees under chapter 89 of title 5.</DELETED>
<DELETED> ``(B) Any modification, reorganization, division, or other
change in the organization of a function of the Department of Defense
so that is performed by less than 10 civilian employees of the
Department of Defense and, therefore, excluded from subparagraph (A),
is prohibited.</DELETED>
<DELETED> ``(C) Any function that is performed by civilian employees
of the Department of Defense and is proposed to be reengineered,
reorganized, modernized, upgraded, expanded, or changed in order to
become more efficient, but the civilian employees would still provide
essentially the same service, is subject to the competition requirement
in subparagraph (A).</DELETED>
<DELETED> ``(D) The cost savings requirement specified in
subparagraph (A) does not apply to any contracts for special studies
and analyses, construction services, architectural services, medical
services, scientific and technical services related to (but not in
support of) research and development, and depot-level maintenance and
repair services.</DELETED>
<DELETED> ``(E) The Secretary of Defense may waive the competition
requirement in specific instances if--</DELETED>
<DELETED> ``(i) the written waiver is prepared by the
Secretary of Defense, or the relevant Assistant Secretary or
agency head;</DELETED>
<DELETED> ``(ii) the written waiver is accompanied by a
detailed determination that national security interests are so
compelling as to preclude compliance with the requirement for a
public-private competition; and</DELETED>
<DELETED> ``(iii) a copy of the waiver is published in the
Federal Register within 10 working days after the date on which
the waiver is invoked, although use of the waiver need not be
delayed until its publication.''.</DELETED>
<DELETED> (b) Relation to Pilot Program.--Paragraph (5) of section
2461(b) of title 10, United States Code, as added by subsection (a)
shall not apply with respect to the pilot program for best-value source
selection for performance of information technology services authorized
by section 336 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1444; 10 U.S.C. 2461
note).</DELETED>
<DELETED>SEC. 324. PUBLIC-PRIVATE COMPETITION PILOT PROGRAM.</DELETED>
<DELETED> (a) Purpose.--The Secretary of Defense shall establish a
pilot program to examine the use of the public-private competition
process of Office of Management and Budget Circular A-76 on new
requirements, as defined by such Circular, and functions currently
being performed by contractors that could be performed by civilian
employees.</DELETED>
<DELETED> (b) Duration.--The Secretary of Defense shall carry out
the pilot program during fiscal years 2005 and 2006.</DELETED>
<DELETED> (c) Requirement for Public-Private Competition for New
Work.--(1) By the end of the pilot project, the Secretary of Defense
shall have allowed civilian employees to compete through the standard
competition process of Office of Management and Budget Circular A-76
for new requirements, as defined by such Circular, that are
approximately one-tenth in value of the funds spent by the Department
of Defense during the two fiscal years of the pilot project on all
functions that are considered new requirements, as defined by such
Circular.</DELETED>
<DELETED> (2) The Department of Defense shall not receive credit
towards compliance with the pilot program for subjecting to public-
private competition--</DELETED>
<DELETED> (A) any contract to be awarded to small business
concerns that meet the requirements under section 3(a) of the
Small Business Act (15 U.S.C. 632(a)) and regulations under
that section;</DELETED>
<DELETED> (B) any contract to be performed by contractor
employees who are represented by a private sector labor union;
or</DELETED>
<DELETED> (C) any contract related to special studies and
analyses, construction services, architectural services,
medical services, scientific and technical services related to
(but not in support of) research and development, and depot-
level maintenance and repair services.</DELETED>
<DELETED> (d) Functions Performed by Contractors.--(1) By the end of
the pilot project, the Secretary of Defense shall have subjected a
number of contractor employees to public-private competition through
the standard competition process of Office of Management and Budget
Circular A-76 that is approximately one-tenth of the number of civilian
employees subject to public-private competition during the two fiscal
years of the pilot project.</DELETED>
<DELETED> (2) The Department of Defense shall, to the extent
possible, subject to public-private competition those positions held by
contractor employees that are associated with functions that are or
have been performed at least in part by Federal employees at any time
on or after October 1, 1980; and</DELETED>
<DELETED> (3) Subsection (c)(2) shall also apply to this
subsection.</DELETED>
<DELETED> (e) Waiver.--The implementation of the pilot project may
be waived if--</DELETED>
<DELETED> (1) the written waiver is prepared by the
Secretary of Defense;</DELETED>
<DELETED> (2) the written waiver is accompanied by a
detailed determination that national security interests are so
compelling as to preclude compliance with the competition
requirement; and</DELETED>
<DELETED> (3) a copy of the waiver is published in the
Federal Register within 10 working days after the date on which
the waiver is invoked, although use of the waiver need not be
delayed until its publication.</DELETED>
<DELETED> (f) Report.--At the end of each fiscal year of the pilot
program, the Inspector General of the Department of Defense shall
submit to Congress a report on the results of the pilot program,
including the extent to which the Department of Defense complied with
the requirements of this section.</DELETED>
<DELETED>SEC. 325. SENSE OF CONGRESS ON EQUITABLE LEGAL STANDING FOR
CIVILIAN EMPLOYEES.</DELETED>
<DELETED> It is the sense of Congress that, in order to ensure that,
when public-private competitions are held, they are conducted as
fairly, effectively, and efficiently as possible, competing parties,
both Department of Defense civilian employees (or their
representatives) and contractors (or their representatives) should
receive comparable treatment throughout the competition regarding
access to relevant information and legal standing to challenge the way
a competition has been conducted at all appropriate forums, including
the General Accounting Office and the United States Court of Federal
Claims.</DELETED>
<DELETED>SEC. 326. COMPETITIVE SOURCING REPORTING
REQUIREMENT.</DELETED>
<DELETED> (a) Report Required.--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--</DELETED>
<DELETED> (1) employs a sufficient number of adequately
trained civilian employees 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 to administer any resulting contracts;
and</DELETED>
<DELETED> (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, to update the records of such costs and
the assessments each fiscal quarter, and to make such
information available in reports to Congress and the public,
including through the use of electronic means, except that
proprietary information and information to which section
552(b)(1) of title 5, United States Code, applies shall be
excised from information published or reports made
available.</DELETED>
<DELETED> (b) Elements of Tracking System.--The system of the
Department of Defense for tracking cost and quality of performance of a
function under a service contract shall include at least the following
data elements:</DELETED>
<DELETED> (1) The contract number and the applicable Federal
supply class or service code.</DELETED>
<DELETED> (2) The name, business address, and business
telephone of the agency official who supervises the service
contract.</DELETED>
<DELETED> (3) The statutory, regulatory, or other authority
for entering into the service contract and, if a public-private
competition was not used in the determination of whether to
provide for performance of the activity or function by a
contractor, an explanation of the reasons for not doing
so.</DELETED>
<DELETED> (4) The cost to the Department of Defense of
conducting the public-private competition under Office of
Management and Budget Circular A-76, if one was undertaken,
including the cost of consultants as well as civilian
employees.</DELETED>
<DELETED> (5) In the case of a function formerly performed
by civilian employees, the actual cost of the performance by
such employees.</DELETED>
<DELETED> (6) The cost to the Department of Defense of
civilian employee performance of the function under the most
efficient organization plan.</DELETED>
<DELETED> (7) The anticipated cost of contractor
performance, based on the award.</DELETED>
<DELETED> (8) The cost to the Department of Defense for
performance of the function by the contractor.</DELETED>
<DELETED> (9) A description of the quality control process
used by the agency in connection with monitoring the contract
performance (including the applicable quality control standards
and the frequency of the quality control reports), together
with an assessment of whether the contractor achieved,
exceeded, or failed to achieve the quality control
standards.</DELETED>
<DELETED> (c) Assessment of Tracking System.--The Inspector General
of the Department of Defense shall include in the report required by
subsection (a) an assessment of the comprehensiveness and reliability
of the Department of Defense system for tracking cost and quality of
performance of a function under a service contract, including
compliance with each of the requirements specified in subsection (b).
The Inspector General shall base the assessment on an audit of a
representative sample of service contracts. The report shall also
include recommendations by the Inspector General regarding how
weaknesses identified in the Department of Defense infrastructure for
competitive sourcing can be rectified, whether through the use of
different processes or the availability of additional employees,
additional training, or additional resources.</DELETED>
<DELETED>Subtitle D--Information Technology</DELETED>
<DELETED>SEC. 331. PREPARATION OF DEPARTMENT OF DEFENSE PLAN FOR
TRANSITION TO INTERNET PROTOCOL VERSION 6.</DELETED>
<DELETED> (a) Transition Plan.--The Secretary of Defense shall
prepare a plan to provide for the transition of Department of Defense
information technology systems to Internet Protocol version 6 from the
present use of Internet Protocol version 4 and other network protocols.
The plan shall outline the networking and security system equipment
that will need to be replaced, including the timing and costs of such
replacement, address how the current and new networks and security
systems will be managed, and assess the potential impact of the
transition, include any proposed measures to alleviate any adverse
affects. In preparing the transition plan, the Secretary shall compare
private industry plans for the transition to Internet Protocol version
6.</DELETED>
<DELETED> (b) 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 a rigorous, real-world end-to-end testing of
Internet Protocol version 6, as proposed for use by the Department, to
evaluate the following:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Submission of Plan and Results.--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) and the results of the tests conducted under
subsection (b).</DELETED>
<DELETED>SEC. 332. DEFENSE BUSINESS ENTERPRISE ARCHITECTURE, SYSTEM
ACCOUNTABILITY, AND CONDITIONS FOR OBLIGATION OF FUNDS
FOR DEFENSE BUSINESS SYSTEM MODERNIZATION.</DELETED>
<DELETED> (a) In General.--(1) Chapter 131 of title 10, United
States Code, is amended by inserting before section 2223 the following
new section:</DELETED>
<DELETED>``Sec. 2222. Defense business systems: architecture,
accountability, and modernization</DELETED>
<DELETED> ``(a) Conditions for Obligation of Funds for Defense
Business System Modernization.--Effective January 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--</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(A) is in compliance with the enterprise
architecture developed under subsection (b), or such
compliance is waived in writing by the approval
authority as a result of the investment review process
conducted under subsection (d) for the defense business
system modernization; and</DELETED>
<DELETED> ``(B) will be acquired or developed in a
manner consistent with the system acquisition
regulations and instructions of the Department of
Defense; and</DELETED>
<DELETED> ``(2) the Defense Business Systems Management
Committee approves the certification by the approval
authority.</DELETED>
<DELETED> ``(b) 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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(2) a transition plan for implementing the
enterprise architecture for defense business systems.</DELETED>
<DELETED> ``(c) Approval Authorities and Accountability for Defense
Business Systems.--The Secretary of Defense shall delegate
responsibility for the planning, design, acquisition, deployment,
operation, maintenance, modernization, and oversight of defense
business systems as follows:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(d) Defense Business System Investment Review.--(1) The
Secretary of Defense shall require each approval authority designated
under subsection (c) 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).</DELETED>
<DELETED> ``(2) The review of defense business systems under the
investment review process shall include the following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Periodic review, but not less than annually,
of every defense business system investment.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(e) Budget Information.--In the materials that the
Secretary submits to Congress in support of the budget submitted by the
President to Congress under section 1105 of title 31 for fiscal year
2006 and fiscal years thereafter, the Secretary of Defense shall--
</DELETED>
<DELETED> ``(1) identify the approval authority for each
defense business system; and</DELETED>
<DELETED> ``(2) for each defense business system for which
funding is proposed in the budget--</DELETED>
<DELETED> ``(A) certify that the defense business
system complies with the defense business enterprise
architecture; or</DELETED>
<DELETED> ``(B) explain why funds for such system
are necessary to maintain a mission critical or mission
essential system of the Department of Defense,
notwithstanding its noncompliance with the defense
business enterprise architecture.</DELETED>
<DELETED> ``(f) 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--</DELETED>
<DELETED> ``(1) describe actions taken and planned for
meeting the requirements of subsection (a), including--
</DELETED>
<DELETED> ``(A) specific milestones and actual
performance against specified performance measures, and
any revision of such milestones and performance
measures; and</DELETED>
<DELETED> ``(B) specific actions on the defense
business system modernizations submitted for
certification under such subsection;</DELETED>
<DELETED> ``(2) identify the number of defense business
system modernizations so certified;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(4) discuss specific improvements in business
operations and cost savings resulting from successful defense
business systems modernization efforts.</DELETED>
<DELETED> ``(g) Definitions.--In this section:</DELETED>
<DELETED> ``(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 (c).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) The term `defense business system
modernization' means--</DELETED>
<DELETED> ``(A) the acquisition or development of a
new defense business system; or</DELETED>
<DELETED> ``(B) any significant modification or
enhancement of an existing defense business system
(other than necessary to maintain current
services).</DELETED>
<DELETED> ``(4) The term `enterprise architecture' has the
meaning given that term in section 3601(4) of title
44.</DELETED>
<DELETED> ``(5) The terms `information system' and
`information technology' have the meanings given those terms in
section 11101 of title 40.</DELETED>
<DELETED> ``(6) The term `national security system' has the
meaning given that term in section 2315 of this
title.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``2222. Defense business systems: architecture,
accountability, and modernization.''.
<DELETED> (b) Defense Business System Management Committee.--Chapter
7 of such title is amended by adding at the end the following new
section:</DELETED>
<DELETED>``Sec. 186. Defense business system management
Committee</DELETED>
<DELETED> ``(a) Establishment.--The Secretary of Defense shall
establish a Defense Business Systems Management Committee, to be
composed of the following persons:</DELETED>
<DELETED> ``(1) The Deputy Secretary of Defense, who shall
serve as the chairman of the Committee.</DELETED>
<DELETED> ``(2) The Under Secretary of Defense for
Acquisition, Logistics, and Technology.</DELETED>
<DELETED> ``(3) The Under Secretary of Defense for Personnel
and Readiness.</DELETED>
<DELETED> ``(4) The Under Secretary of Defense
(Comptroller).</DELETED>
<DELETED> ``(5) The Assistant Secretary of Defense for
Networks and Information Integration.</DELETED>
<DELETED> ``(6) The Secretaries of the military departments
and the heads of the Defense Agencies.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Duties.--(1) In addition to any other matters
assigned to the Committee by the Secretary of Defense, the Committee
shall--</DELETED>
<DELETED> ``(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; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) The Committee shall ensure that funds are obligated
for defense business system modernization in a manner consistent with
section 2222 of this title.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:</DELETED>
<DELETED>``186. Defense Business System Management Committee.''.
<DELETED> (c) Delegation of Administrative Responsibility.--The
delegation of responsibility for the planning, design, acquisition,
deployment, operation, maintenance, modernization, and oversight of
defense business systems required by subsection (c) of section 2222 of
title 10, United States Code, as added by subsection (a)(1), shall be
completed not later than 60 days after the date of the enactment of
this Act.</DELETED>
<DELETED> (d) 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
8084 of the Department of Defense Appropriations Act, 2004 (Public Law
108-87; 117 Stat. 1091), with regard to information technology systems
(as defined in subsection (d) of such section).</DELETED>
<DELETED> (e) 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.</DELETED>
<DELETED>SEC. 333. ESTABLISHMENT OF JOINT PROGRAM OFFICE TO IMPROVE
INTEROPERABILITY OF BATTLEFIELD MANAGEMENT COMMAND AND
CONTROL SYSTEMS.</DELETED>
<DELETED> (a) Office for Family of Interoperable Pictures.--The
Secretary of Defense shall designate a single joint program office in
the Department of Defense for the management of battlefield management
command and control systems of the Armed Forces, known as the ``Family
of Interoperable Pictures'', to improve the interoperability of such
systems so that members of the Armed Forces may access a common
operational picture of the battlefield. The office shall include at a
minimum the Single Integrated Air Picture, the Single Integrated Ground
Picture, the Single Integrated Maritime Picture, the Special Operations
Forces Picture, and the Single Integrated Space Picture. The Secretary
shall provide for the head of the office to be selected on a rotating
basis among related offices of the Army, Navy, Air Force, and Marine
Corps.</DELETED>
<DELETED> (b) Common Systems Architecture.--The Secretary of Defense
shall develop, implement, and maintain a common systems architecture
for all battlefield management command and control systems included in
the Family of Interoperable Pictures.</DELETED>
<DELETED> (c) Consolidated Program Elements.--All funds for
development and procurement related to the Family of Interoperable
Pictures shall be consolidated under the office designated under
subsection (a).</DELETED>
<DELETED> (d) Program Development.--The head of the office
designated under subsection (a), subject to the authority, direction,
and control of the Secretary of Defense, shall--</DELETED>
<DELETED> (1) establish and control the performance
specifications for the battlefield management command and
control systems included in the Family of Interoperable
Pictures;</DELETED>
<DELETED> (2) establish and control the standards for
development of the software and equipment for the Family of
Interoperable Pictures;</DELETED>
<DELETED> (3) establish and control the standards for
operation of the Family of Interoperable Pictures;
and</DELETED>
<DELETED> (4) develop a single, unified concept of
operations for all users of the Family of Interoperable
Pictures.</DELETED>
<DELETED>Subtitle E--Readiness Reporting Requirements</DELETED>
<DELETED>SEC. 341. ANNUAL REPORT ON DEPARTMENT OF DEFENSE OPERATION AND
FINANCIAL SUPPORT FOR MILITARY MUSEUMS.</DELETED>
<DELETED> (a) Report Required.--Chapter 23 of title 10, United
States Code, is amended by adding at the end the following new
section:</DELETED>
<DELETED>``Sec. 489. Annual report on Department of Defense operation
and financial support for military museums</DELETED>
<DELETED> ``(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 museums that, during the preceding fiscal
year--</DELETED>
<DELETED> ``(1) were operated by the Department of Defense
or a military department; or</DELETED>
<DELETED> ``(2) were otherwise supported using funds
appropriated to the Department of Defense.</DELETED>
<DELETED> ``(b) Content of Report.--For each museum identified in a
report under this section, the Secretary of Defense shall include in
the report the following:</DELETED>
<DELETED> ``(1) The purpose and functions of the museum and
the justification for the museum</DELETED>
<DELETED> ``(2) A description of the facilities dedicated to
the museum.</DELETED>
<DELETED> ``(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, as well as 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.</DELETED>
<DELETED> ``(4) The number of civilian employees of the
Department of Defense who serve full-time or part-time at the
museum.</DELETED>
<DELETED> ``(5) The number of members of the armed forces
who serve full-time or part-time at the museum.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the following
new item:</DELETED>
<DELETED>``489. Annual report on Department of Defense operation and
financial support for military museums.''.
<DELETED>SEC. 342. REPORT ON DEPARTMENT OF DEFENSE PROGRAMS FOR
PREPOSITIONING OF MATERIAL AND EQUIPMENT.</DELETED>
<DELETED> (a) Secretary of Defense Assessment and Report.--(1) The
Secretary of Defense shall conduct an assessment of the programs of the
Department of Defense for the prepositioning of material and equipment.
Such assessment shall particularly focus on how those programs will be
incorporated into achievement of the goals of the Secretary of Defense
(referred to as the ``10-30-30'' goals) for the Armed Forces to have
the capability, from the onset of a contingency situation, of deploying
forces to a distant theater within 10 days, defeating an enemy within
30 days, and being ready for an additional conflict within another 30
days.</DELETED>
<DELETED> (2) The Secretary shall submit to Congress a report on
such assessment not later than October 1, 2005.</DELETED>
<DELETED> (b) Matters to Be Included.--The assessment under
subsection (a) shall include the prepositioning programs of each of the
Armed Forces and of the United States Special Operations Command as
well as assessment of each of the following:</DELETED>
<DELETED> (1) Use of prepositioned equipment as part of
Operation Iraqi Freedom and Operation Enduring Freedom and
potential solutions to identified challenges.</DELETED>
<DELETED> (2) Changes to doctrine, strategy, and
transportation plans to support the goals of the Secretary
described in subsection (a) and referred to as the 10-30-30
goals in light of the current lift constraints facing both land
and sea components of lift as well as the emerging mobility
requirements.</DELETED>
<DELETED> (3) Modifications of the prepositioning programs
of the Armed Forces in order to adapt to pending modularity
concepts, future force structure changes, and new sea basing
concepts in relation to current and potential areas of
instability.</DELETED>
<DELETED> (4) Joint operations and training that include
theater opening requirements at potential aerial and sea ports
of debarkation, joint force reception capabilities, joint
theater distribution operations, and use of joint prepositioned
stocks and systems.</DELETED>
<DELETED>Subtitle F--Other Matters</DELETED>
<DELETED>SEC. 351. EXTENSION OF ARSENAL SUPPORT PROGRAM
INITIATIVE.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (b) Additional Report Required.--Subsection (g) of such
section is amended--</DELETED>
<DELETED> (1) in paragraph (1), by striking ``2004'' and
inserting ``2008''; and</DELETED>
<DELETED> (2) in paragraph (2), by striking ``2003'' and
inserting ``2007''.</DELETED>
<DELETED>SEC. 352. LIMITATION ON PREPARATION OR IMPLEMENTATION OF MID-
RANGE FINANCIAL IMPROVEMENT PLAN.</DELETED>
<DELETED> Amounts 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 a report to the
congressional defense committees containing, for each of the military
departments and the Defense Agencies--</DELETED>
<DELETED> (1) an explanation of the manner in which funds
will be used for such purpose during that fiscal year;
and</DELETED>
<DELETED> (2) an estimate of the costs for future fiscal
years to prepare and implement the plan.</DELETED>
<DELETED>SEC. 353. PROCUREMENT OF FOLLOW-ON CONTRACTS FOR THE OPERATION
OF FIVE CHAMPION-CLASS T-5 TANK VESSELS.</DELETED>
<DELETED> The Secretary of the Navy may consider bids or proposals
for the follow-on contracts for the Department of the Navy contracts
for the operation of five Champion-class T-5 tank vessels only from an
entity that is a citizen under section 2 of the Shipping Act, 1916 (46
App. U.S.C. 802).</DELETED>
<DELETED>SEC. 354. SENSE OF CONGRESS ON AMERICA'S NATIONAL WORLD WAR I
MUSEUM.</DELETED>
<DELETED> (a) Findings.--The Congress finds as follows:</DELETED>
<DELETED> (1) The Liberty Memorial Museum in Kansas City,
Missouri, was built in 1926 in honor of those individuals who
served in World War I in defense of liberty and the
Nation.</DELETED>
<DELETED> (2) The Liberty Memorial Association, a nonprofit
organization which originally built the Liberty Memorial
Museum, is responsible for the finances, operations, and
collections management of the Liberty Memorial
Museum.</DELETED>
<DELETED> (3) The Liberty Memorial Museum is the only public
museum in the Nation that exists for the exclusive purpose of
interpreting the experiences of the United States and its
allies in the World War I years (1914-1918), both on the
battlefield and on the home front.</DELETED>
<DELETED> (4) The Liberty Memorial Museum project began
after the 1918 Armistice through the efforts of a large-scale,
grass-roots civic and fundraising effort by the citizens and
veterans of the Kansas City metropolitan area. After the
conclusion of a national architectural design competition,
ground was broken in 1921, construction began in 1923, and the
Liberty Memorial Museum was opened to the public in
1926.</DELETED>
<DELETED> (5) In 1994, the Liberty Memorial Museum closed
for a massive restoration and expansion project. The restored
museum reopened to the public on Memorial Day, 2002, during a
gala rededication ceremony.</DELETED>
<DELETED> (6) Exhibits prepared for the original museum
buildings presaged the dramatic, underground expansion of core
exhibition gallery space, with over 30,000 square feet of new
interpretive and educational exhibits currently in development.
The new exhibits, along with an expanded research library and
archives, will more fully utilize the many thousands of
historical objects, books, maps, posters, photographs, diaries,
letters, and reminiscences of World War I participants that are
preserved for posterity in the Liberty Memorial Museum's
collections. The new core exhibition is scheduled to open on
Veterans Day, 2006.</DELETED>
<DELETED> (7) The City of Kansas City, the State of
Missouri, and thousands of private donors and philanthropic
foundations have contributed millions of dollars to build and
later to restore this national treasure. The Liberty Memorial
Museum continues to receive the strong support of residents
from the States of Missouri and Kansas and across the
Nation.</DELETED>
<DELETED> (8) Since the restoration and rededication of
2002, the Liberty Memorial Museum has attracted thousands of
visitors from across the United States and many foreign
countries.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (11) A great opportunity exists to use the
invaluable resources of the Liberty Memorial Museum to teach
the ``Lessons of Liberty'' to the Nation's schoolchildren
through on-site visits, classroom curriculum development,
distance learning, and other educational initiatives.</DELETED>
<DELETED> (12) The Liberty Memorial Museum should always be
the Nation's museum of the national experience in the World War
I years (1914-1918), where people go to learn about this
critical period and where the Nation's history of this
monumental struggle will be preserved so that generations of
the 21st century may understand the role played by the United
States in the preservation and advancement of democracy,
freedom, and liberty in the early 20th century.</DELETED>
<DELETED> (13) This initiative to recognize and preserve the
history of the Nation's sacrifices in World War I will take on
added significance as the Nation approaches the centennial
observance of this event.</DELETED>
<DELETED> (14) It is fitting and proper to refer to the
Liberty Memorial Museum as ``America's National World War I
Museum''.</DELETED>
<DELETED> (b) Sense of Congress.--The Congress--</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (2) recognizes that the continuing collection,
preservation, and interpretation of the historical objects and
other historical materials held by the Liberty Memorial Museum
enhance the knowledge and understanding of the Nation's people
of the American and allied experience during the World War I
years (1914-1918), both on the battlefield and on the home
front;</DELETED>
<DELETED> (3) commends the ongoing development and
visibility of ``Lessons of Liberty'' educational outreach
programs for teachers and students throughout the Nation;
and</DELETED>
<DELETED> (4) encourages the need for present generations to
understand the magnitude of World War I, how it shaped the
Nation, other countries, and later world events, and how the
sacrifices made then helped preserve liberty, democracy, and
other founding principles for generations to come.</DELETED>
<DELETED>TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS</DELETED>
<DELETED>Subtitle A--Active Forces</DELETED>
<DELETED>SEC. 401. END STRENGTHS FOR ACTIVE FORCES.</DELETED>
<DELETED> The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2005, as follows:</DELETED>
<DELETED> (1) The Army, 482,400.</DELETED>
<DELETED> (2) The Navy, 365,900.</DELETED>
<DELETED> (3) The Marine Corps, 175,000.</DELETED>
<DELETED> (4) The Air Force, 359,700.</DELETED>
<DELETED>SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH
MINIMUM LEVELS.</DELETED>
<DELETED> Effective October 1, 2004, section 691(b) of title 10,
United States Code, is amended as follows:</DELETED>
<DELETED> (1) Navy.--Paragraph (2) is amended by striking
``373,800'' and inserting ``365,900''.</DELETED>
<DELETED> (2) Air force.--Paragraph (4) is amended by
striking ``359,300'' and inserting ``359,700''.</DELETED>
<DELETED>SEC. 403. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE
ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> (1) The Army National Guard of the United States,
10,300.</DELETED>
<DELETED> (2) The Army Reserve, 5,000.</DELETED>
<DELETED> (3) The Naval Reserve, 6,200.</DELETED>
<DELETED> (4) The Marine Corps Reserve, 2,500.</DELETED>
<DELETED> (5) The Air National Guard of the United States,
10,100.</DELETED>
<DELETED> (6) The Air Force Reserve, 3,600.</DELETED>
<DELETED>SEC. 404. ACCOUNTING AND MANAGEMENT OF RESERVE COMPONENT
PERSONNEL PERFORMING ACTIVE DUTY OR FULL-TIME NATIONAL
GUARD DUTY FOR OPERATIONAL SUPPORT.</DELETED>
<DELETED> (a) Strength Authorizations.--Section 115 of title 10,
United States Code, is amended--</DELETED>
<DELETED> (1) in subsection (a)(1)(A), by inserting ``unless
on active duty pursuant to subsection (b)'' after ``active-duty
personnel'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (3) by redesignating subsections (b), (c), (d),
(e), (f), (g) and (h) as subsections (c), (d), (e), (f), (g),
(h) and (i), respectively; and</DELETED>
<DELETED> (4) by inserting after subsection (a) the
following new subsection (b):</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(C) active duty under section 12301(d) of this
title or full-time National Guard duty under section 502(f) of
title 32 for the purpose of preparing for and performing
funeral honors functions for funerals of veterans under section
1491 of this title;</DELETED>
<DELETED> ``(D) active duty or retained on active duty under
sections 12301(g) of this title while in a captive status;
or</DELETED>
<DELETED> ``(E) active duty or retained on active duty under
12301(h) or 12322 of this title for the purpose of medical
evaluation or treatment.</DELETED>
<DELETED> ``(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):</DELETED>
<DELETED> ``(A) A call or order to active duty or full-time
National Guard duty that specifies a period greater than three
years.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(A) All periods of active duty performed by a
member who has not previously served in the Selected Reserve of
the Ready Reserve.</DELETED>
<DELETED> ``(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 (7) of
subsection (i).''.</DELETED>
<DELETED> (b) Limitation on Appropriations.--Subsection (c) of such
section (as redesignated by subsection (a)(3)) is amended--</DELETED>
<DELETED> (1) by striking ``or'' at the end of paragraph
(1);</DELETED>
<DELETED> (2) by striking the period at the end of paragraph
(2) and inserting ``; or''; and</DELETED>
<DELETED> (3) by inserting after paragraph (2) the following
new paragraph:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (c) Authority for Secretary of Defense Variances in
Maximum Strengths.--Subsection (f) of such section (as redesignated by
subsection (a)(2)) is amended--</DELETED>
<DELETED> (1) by striking ``End'' in the heading;</DELETED>
<DELETED> (2) by striking ``and'' at the end of paragraph
(2);</DELETED>
<DELETED> (3) by striking the period at the end of paragraph
(3) and inserting ``; and''; and</DELETED>
<DELETED> (4) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (d) Conforming Amendments to Section 115.--Such section is
further amended as follows:</DELETED>
<DELETED> (1) Subsection (e) (as redesignated by subsection
(a)(3)) is amended--</DELETED>
<DELETED> (A) in paragraph (1), by striking
``subsection (a) or (c)'' and inserting ``subsection
(a) or (d)''; and</DELETED>
<DELETED> (B) in paragraph (2)--</DELETED>
<DELETED> (i) by striking ``subsections (a)
and (c)''; and inserting ``subsections (a) and
(d)'';</DELETED>
<DELETED> (ii) by striking ``pursuant to
subsection (e)) and subsection (c)'' and
inserting ``pursuant to subsection (f)) and
subsection (d)'' each place it
appears.</DELETED>
<DELETED> (2) Subsection (g) (as redesignated by subsection
(a)(3)) is amended by striking ``subsection (e)(1)'' in
paragraph (2) and inserting ``subsection (f)(1)''.</DELETED>
<DELETED> (3) Subsection (i) (as redesignated by subsection
(a)(3)) is amended to read as follows:</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(1) Members of a reserve component ordered to
active duty under section 12301(a) of this title.</DELETED>
<DELETED> ``(2) Members of a reserve component in an active
status ordered to active duty under section 12301(b) of this
title.</DELETED>
<DELETED> ``(3) Members of the Ready Reserve ordered to
active duty under section 12302 of this title.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(5) Members of the National Guard called into
Federal service under section 12406 of this title.</DELETED>
<DELETED> ``(6) Members of the militia called into Federal
service under chapter 15 of this title.</DELETED>
<DELETED> ``(7) Members of reserve components on active duty
for training.</DELETED>
<DELETED> ``(8) 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)).</DELETED>
<DELETED> ``(9) 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.</DELETED>
<DELETED> ``(10) 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.</DELETED>
<DELETED> ``(11) 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.''.</DELETED>
<DELETED> (e) Military to Military Contact Strength Accounting.--
Subsection (f) of section 168 of such title is amended to read as
follows:</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (g) Field Grade Officer Strength Accounting.--(1)
Paragraph (1) of section 523(b) of such title is amended to read as
follows:</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) on active duty under section 10211,
10302 through 10305, or 12402 of this title or under
section 708 of title 32; or</DELETED>
<DELETED> ``(C) on full-time National Guard duty.'';
and</DELETED>
<DELETED> (2) Paragraph (7) of section 523(b) is amended by striking
``Reserve or retired officers'' and inserting ``Retired
officers''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (i) Warrant Officer Active-Duty List Exclusion.--Paragraph
(1) of section 582 of such title is amended to read as
follows:</DELETED>
<DELETED> ``(1) Reserve warrant officers--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) on full-time National Guard
duty.''.</DELETED>
<DELETED> (j) Officer Active-Duty List, Applicability of Chapter.--
Paragraph (1) of section 641 of such is amended to read as
follows:</DELETED>
<DELETED> ``(1) Reserve officers--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(C) on full-time National Guard
duty.''.</DELETED>
<DELETED> (k) Strength Accounting for Members Performing Drug
Interdiction and Counter-Drug Activities.--Section 112 of title 32,
United States Code, is amended--</DELETED>
<DELETED> (1) by striking subsection (e);</DELETED>
<DELETED> (2) by redesignating subsections (f), (g), (h) and
(i) as subsections (e), (f), (g) and (h) respectively;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>Subtitle B--Reserve Forces</DELETED>
<DELETED>SEC. 411. END STRENGTHS FOR SELECTED RESERVE.</DELETED>
<DELETED> (a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 2005, as follows:</DELETED>
<DELETED> (1) The Army National Guard of the United States,
350,000.</DELETED>
<DELETED> (2) The Army Reserve, 205,000.</DELETED>
<DELETED> (3) The Naval Reserve, 83,400.</DELETED>
<DELETED> (4) The Marine Corps Reserve, 39,600.</DELETED>
<DELETED> (5) The Air National Guard of the United States,
106,800.</DELETED>
<DELETED> (6) The Air Force Reserve, 76,100.</DELETED>
<DELETED> (7) The Coast Guard Reserve, 10,000.</DELETED>
<DELETED> (b) Adjustments.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>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.</DELETED>
<DELETED>SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT
OF THE RESERVES.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> (1) The Army National Guard of the United States,
26,476.</DELETED>
<DELETED> (2) The Army Reserve, 14,970.</DELETED>
<DELETED> (3) The Naval Reserve, 14,152.</DELETED>
<DELETED> (4) The Marine Corps Reserve, 2,261.</DELETED>
<DELETED> (5) The Air National Guard of the United States,
12,225.</DELETED>
<DELETED> (6) The Air Force Reserve, 1,900.</DELETED>
<DELETED>SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).</DELETED>
<DELETED> 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:</DELETED>
<DELETED> (1) For the Army Reserve, 7,299.</DELETED>
<DELETED> (2) For the Army National Guard of the United
States, 25,076.</DELETED>
<DELETED> (3) For the Air Force Reserve, 9,954.</DELETED>
<DELETED> (4) For the Air National Guard of the United
States, 22,956.</DELETED>
<DELETED>SEC. 414. FISCAL YEAR 2005 LIMITATION ON NUMBER OF NON-DUAL
STATUS TECHNICIANS.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (A) For the Army National Guard of the United
States, 1,600.</DELETED>
<DELETED> (B) For the Air National Guard of the United
States, 350.</DELETED>
<DELETED> (2) The number of non-dual status technicians employed by
the Army Reserve as of September 30, 2005, may not exceed
795.</DELETED>
<DELETED> (3) The number of non-dual status technicians employed by
the Air Force Reserve as of September 30, 2005, may not exceed
90.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>Subtitle C--Authorizations of Appropriations</DELETED>
<DELETED>SEC. 421. MILITARY PERSONNEL.</DELETED>
<DELETED> There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year 2005 a
total of $104,647,558,000. The authorization in the preceding sentence
supersedes any other authorization of appropriations (definite or
indefinite) for such purpose for fiscal year 2005.</DELETED>
<DELETED>SEC. 422. ARMED FORCES RETIREMENT HOME.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TITLE V--MILITARY PERSONNEL POLICY</DELETED>
<DELETED>Subtitle A--General and Flag Officer Matters</DELETED>
<DELETED>SEC. 501. LENGTH OF SERVICE FOR SERVICE CHIEFS.</DELETED>
<DELETED> (a) Chief of Staff of the Army.--Paragraph (1) of section
3033(a) of title 10, United States Code, is amended--(1) by striking
``for a period of four years'' in the first sentence; and</DELETED>
<DELETED> (2) by striking the second and third sentences and
inserting the following: ``The Chief of Staff serves at the
pleasure of the President for a term of four years. The
President may extend the service of an officer as Chief of
Staff for an additional period of not to exceed two years. In
time of war or during a national emergency declared by
Congress, the President may extend the service of an officer as
Chief of Staff for such additional periods as the President
determines necessary, except that the total period of an
officer's service as Chief of Staff may not exceed eight
years.''.</DELETED>
<DELETED> (b) Chief of Naval Operations.--Paragraph (1) of section
5033(a) of such title is amended by striking the third and fourth
sentences and inserting the following: ``The Chief of Naval Operations
serves at the pleasure of the President. The President may extend the
service of an officer as Chief of Naval Operations for an additional
period of not to exceed two years. In time of war or during a national
emergency declared by Congress, the President may extend the service of
an officer as Chief of Naval Operations for such additional periods as
the President determines necessary, except that the total period of an
officer's service as Chief of Naval Operations may not exceed eight
years.''.</DELETED>
<DELETED> (c) Commandant of the Marine Corps.--Paragraph (1) of
section 5043(a) of such title is amended by striking the third and
fourth sentences and inserting the following: ``The Commandant serves
at the pleasure of the President. The President may extend the service
of an officer as Commandant for an additional period of not to exceed
two years. In time of war or during a national emergency declared by
Congress, the President may extend the service of an officer as
Commandant for such additional periods as the President determines
necessary, except that the total period of an officer's service as
Commandant may not exceed eight years.''.</DELETED>
<DELETED> (d) Chief of Staff of the Air Force.--Paragraph (1) of
section 8033(a) of such title is amended to read as follows:</DELETED>
<DELETED> (1) by striking ``for a period of four years'' in
the first sentence; and</DELETED>
<DELETED> (2) by striking the second and third sentences and
inserting the following: ``The Chief of Staff serves at the
pleasure of the President for a period of four years. The
President may extend the service of an officer as Chief of
Staff for an additional period of not to exceed two years. In
time of war or during a national emergency declared by
Congress, the President may extend the service of an officer as
Chief of Staff for such additional periods as the President
determines necessary, except that the total period of an
officer's service as Chief of Staff may not exceed eight
years.''.</DELETED>
<DELETED>SEC. 502. REPEAL OF REQUIREMENT THAT DEPUTY CHIEFS AND
ASSISTANT CHIEFS OF NAVAL OPERATIONS BE SELECTED FROM
OFFICERS IN THE LINE OF THE NAVY.</DELETED>
<DELETED> (a) Deputy Chiefs of Naval Operations.--Section 5036(a) of
title 10, United States Code, is amended by striking ``in the
line''.</DELETED>
<DELETED> (b) Assistant Chiefs of Naval Operations.--Section 5037(a)
of such title is amended by striking ``in the line''.</DELETED>
<DELETED>SEC. 503. INCREASE IN AGE LIMIT FOR DEFERRAL OF MANDATORY
RETIREMENT FOR UP TO 10 SENIOR GENERAL AND FLAG
OFFICERS.</DELETED>
<DELETED> Section 1251(b) of title 10, United States Code, is
amended by striking ``64 years of age'' and inserting ``66 years of
age''.</DELETED>
<DELETED>SEC. 504. INCREASED FLEXIBILITY FOR VOLUNTARY RETIREMENT FOR
MILITARY OFFICERS.</DELETED>
<DELETED> (a) In General.--Section 1370 of title 10, United States
Code, is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) by striking ``except as
provided in paragraph (2)'' and inserting
``subject to paragraphs (2) and (3)'';
and</DELETED>
<DELETED> (ii) by striking ``, for not less
than six months'';</DELETED>
<DELETED> (B) by redesignating paragraph (3) as
paragraph (4); and</DELETED>
<DELETED> (C) by striking paragraph (2) and
inserting the following:</DELETED>
<DELETED> ``(2) In order to be eligible for voluntary retirement
under this title in a grade below the grade of lieutenant colonel or
commander, a commissioned officer of the Army, Navy, Air Force, or
Marine Corps covered by paragraph (1) must have served on active duty
in that grade for not less than six months.</DELETED>
<DELETED> ``(3)(A) In order to be eligible for voluntary retirement
in a grade above major or lieutenant commander and below brigadier
general or rear admiral (lower half), a commissioned officer of the
Army, Navy, Air Force, or Marine Corps covered by paragraph (1) must
have served on active duty in that grade for not less than three years,
except that the Secretary of Defense may authorize the Secretary of the
military department concerned to reduce such period to a period not
less than two years.</DELETED>
<DELETED> ``(B) In order to be eligible for voluntary retirement in
a grade above colonel or captain, in the case of the Navy, a
commissioned officer of the Army, Navy, Air Force, or Marine Corps
covered by paragraph (1) must have served on active duty in that grade
for not less than one year.</DELETED>
<DELETED> ``(C) An officer in a grade above major general or rear
admiral may be retired in the highest grade in which the officer served
on active duty satisfactorily for not less than one year, upon approval
by the Secretary of the military department concerned and concurrence
by the Secretary of Defense. The function of the Secretary of Defense
under the preceding sentence may only be delegated to a civilian
official in the Office of the Secretary of Defense appointed by the
President, by and with the advice and consent of the Senate.</DELETED>
<DELETED> ``(D) The President may waive subparagraph (A), (B) or (C)
in individual cases involving extreme hardship or exceptional or
unusual circumstances. The authority of the President under the
preceding sentence may not be delegated.'';</DELETED>
<DELETED> (2) in subsection (b), by inserting ``or whose
service on active duty in that grade was not determined to be
satisfactory by the Secretary of the military department
concerned'' after ``specified in subsection (a)'';</DELETED>
<DELETED> (3) by striking subsection (c); and</DELETED>
<DELETED> (4) by redesignating subsection (d) as subsection
(c) and in that subsection--</DELETED>
<DELETED> (A) in paragraph (3)--</DELETED>
<DELETED> (i) in subparagraph (A)--
</DELETED>
<DELETED> (I) by inserting ``(i)''
after ``(3)(A)'';</DELETED>
<DELETED> (II) by inserting ``and
below brigadier general or rear admiral
(lower half)'' after ``lieutenant
commander'';</DELETED>
<DELETED> (III) by inserting ``,
except that the Secretary of Defense
may authorize the Secretary of the
military department concerned to reduce
such period to a period not less than
two years'' after ``three years'';
and</DELETED>
<DELETED> (IV) by adding at the end
the following new clauses:</DELETED>
<DELETED> ``(ii) In order to be credited with satisfactory service
in a grade above colonel or captain, in the case of the Navy, a person
covered by paragraph (1) must have served satisfactorily in that grade
(as determined by the Secretary of the military department concerned)
as a reserve commissioned officer in active status, or in a retired
status on active duty, for not less than one year.</DELETED>
<DELETED> ``(iii) An officer covered by paragraph (1) who is in a
grade above the grade of major general or rear admiral may be retired
in the highest grade in which the officer served satisfactorily for not
less than one year, upon approval by the Secretary of the military
department concerned and concurrence by the Secretary of Defense. The
function of the Secretary of Defense under the preceding sentence may
only be delegated to a civilian official in the Office of the Secretary
of Defense appointed by the president, by and with the advice and
consent of the Senate.'';</DELETED>
<DELETED> (ii) in subparagraphs (D) and (E),
by striking subparagraph (A)'' and inserting
``subparagraph (A)(i)''; and</DELETED>
<DELETED> (iii) by striking subparagraph
(F); and</DELETED>
<DELETED> (B) by striking paragraphs (5) and (6);
and</DELETED>
<DELETED> (5) by striking subsection (e).</DELETED>
<DELETED> (b) Conforming Amendments.--Section 1406(i)(2) of such
title is amended--</DELETED>
<DELETED> (1) in the paragraph heading, by striking
``members'' and all that follows through ``satisfactorily'' and
inserting ``enlisted members reduced in grade'';</DELETED>
<DELETED> (2) by striking ``a member'' and inserting ``an
enlisted member'';</DELETED>
<DELETED> (3) by striking ``1998--'' and all that follows
through ``is reduced in'' and inserting ``1998, is reduced
in'';</DELETED>
<DELETED> (4) by striking ``; or'' and inserting a period;
and</DELETED>
<DELETED> (5) by striking subparagraph (B).</DELETED>
<DELETED> (c) Effective Date.--The amendments made by this section
shall apply with respect to the determination of the retired grade of
members of the Armed Forces retiring on or after the date of the
enactment of this Act.</DELETED>
<DELETED>SEC. 505. REPEAL OF REQUIREMENT THAT NO MORE THAN 50 PERCENT
OF ACTIVE DUTY GENERAL AND FLAG OFFICERS BE IN GRADES
ABOVE BRIGADIER GENERAL AND REAR ADMIRAL (LOWER
HALF).</DELETED>
<DELETED> (a) Repeal of Distribution Requirement.--Subsection (a) of
section 525 of title 10, United States Code, is repealed.</DELETED>
<DELETED> (b) Reorganization of Section.--Such section is further
amended--</DELETED>
<DELETED> (1) by striking ``(b)(1) No appointment'' and
inserting ``(a) Limitation on Number of General and Flag
Officers in Senior Grades.--(1) No appointment''; and</DELETED>
<DELETED> (2) by striking ``(3) An officer'' and inserting
``(b) Special Rules and Exceptions.--(1) An officer'';
and</DELETED>
<DELETED> (3) by redesignating paragraphs (4), (5), (6),
(7), and (8) as paragraphs (2), (3), (4), (5), and (6),
respectively.</DELETED>
<DELETED> (c) Conforming Amendments.--(1) Subsection (b) of such
section (as designated by subsection (a)(2)) is amended as
follows:</DELETED>
<DELETED> (A) Paragraph (1) (as redesignated by subsection
(a)(2)), paragraph (2)(A) (as redesignated by subsection
(a)(3)), and paragraph (6) (as redesignated by subsection
(a)(3)) are amended by striking ``paragraph (1) or (2)'' and
inserting ``subsection (a)''.</DELETED>
<DELETED> (B) Paragraph (3)(A) (as so redesignated) is
amended by striking ``under the first sentence of paragraph (1)
or (2), as applicable'' and inserting ``under subsection
(a)''.</DELETED>
<DELETED> (C) Paragraph (4) (as so redesignated) and the
first and third sentences of paragraph (5) (as so redesignated)
are amended by striking ``paragraph (1)'' and inserting
``subsection (a)(1)''.</DELETED>
<DELETED> (D) The second sentence of paragraph (5) (as so
redesignated) is amended by striking ``paragraph (1) or (2)''
and inserting ``subsection (a)(2)''.</DELETED>
<DELETED> (2) Subsection (c) of such section is amended--</DELETED>
<DELETED> (A) by striking ``(c)(1)'' and inserting `(c)
`Reallocation Authority.--(1)'';</DELETED>
<DELETED> (B) in paragraph (1)(A), by striking ``subsection
(b)(1)'' and inserting ``subsection (a)(1)'';</DELETED>
<DELETED> (C) in paragraph (1)(B), by striking ``subsection
(b)(2)'' and inserting ``subsection (a)(2)''; and</DELETED>
<DELETED> (D) in paragraph (3)(A), by striking ``subsection
(b)'' and inserting ``subsections (a) and (b)''.</DELETED>
<DELETED> (3) Subsection (d) of such section is amended by
inserting ``Special Rule for Officers Formerly on Joint Chiefs
of Staff.--'' after ``(d)''.</DELETED>
<DELETED> (d) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:</DELETED>
<DELETED>``Sec. 525. Distribution in grade: general and flag officers
on active duty''.</DELETED>
<DELETED> (2) The item relating to such section in the table of
sections at the beginning of chapter 32 of such title is amended to
read as follows:</DELETED>
<DELETED>``525. Distribution in grade: general and flag officers on
active duty.''.
<DELETED>SEC. 506. REVISION TO TERMS FOR ASSISTANTS TO THE CHAIRMAN OF
THE JOINT CHIEFS OF STAFF FOR NATIONAL GUARD AND RESERVE
MATTERS.</DELETED>
<DELETED> (a) Codification and Revision.--Chapter 5 of title 10,
United States Code, is amended by adding at the end a new section 156
consisting of--</DELETED>
<DELETED> (1) the following section heading:</DELETED>
<DELETED>``Sec. 156. Assistants to the Chairman for National Guard
matters and for Reserve matters'';</DELETED>
<DELETED>and</DELETED>
<DELETED> (2) a text consisting of the text of subsections
(a) through (f)(1) of section 901 of the National Defense
Authorization Act for Fiscal Year 1998 (10 U.S.C. 155 note),
revised--</DELETED>
<DELETED> (A) in subsection (c), by deleting ``two
years'' and inserting ``four years''; and</DELETED>
<DELETED> (B) in subsection (f), by deleting
``(1)''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the following
new item:</DELETED>
<DELETED>``156. Assistants to the Chairman for National Guard members
and for Reserve matters.''.
<DELETED> (c) Conforming Repeal.--Section 901 of the National
Defense Authorization Act for Fiscal Year 1998 (10 U.S.C. 155 note) is
repealed.</DELETED>
<DELETED>SEC. 507. SUCCESSION FOR POSITION OF CHIEF, NATIONAL GUARD
BUREAU.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(e) Succession.--(1) Unless otherwise directed by the
President or Secretary of Defense, when there is a vacancy in the
office of the Chief of the National Guard Bureau or in the event the
Chief of the National Guard Bureau is unable to perform the duties of
that office, the senior of the officers specified in paragraph (2)
shall serve as the acting Chief until a successor is appointed or the
Chief once again is able to perform the duties of that
office.</DELETED>
<DELETED> ``(2) The officers specified in this paragraph are the
following:</DELETED>
<DELETED> ``(A) The senior officer of the Army National
Guard of the United States on duty with the National Guard
Bureau.</DELETED>
<DELETED> ``(B) The senior officer of the Air National Guard
of the United States on duty with the National Guard
Bureau.''.</DELETED>
<DELETED> (b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:</DELETED>
<DELETED>``Sec. 10502. Chief of the National Guard Bureau: appointment;
adviser on National Guard matters; grade;
succession''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``10502. Chief of the National Guard Bureau: appointment;
adviser on National Guard matters; grade;
succession.''.
<DELETED> (c) Repealer.--Subsections (d) and (e) of section 10505 of
such title are repealed.</DELETED>
<DELETED>SEC. 508. TITLE OF VICE CHIEF OF THE NATIONAL GUARD BUREAU
CHANGED TO DIRECTOR OF THE JOINT STAFF OF THE NATIONAL
GUARD BUREAU.</DELETED>
<DELETED> (a) In General.--Section 10505 of title 10, United States
Code, as amended by section 507(c), is amended by striking ``Vice Chief
of the National Guard Bureau'' each place it appears in subsections
(a), (b), and (c) and inserting ``Director of the Joint Staff of the
National Guard Bureau''.</DELETED>
<DELETED> (b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:</DELETED>
<DELETED>``Sec. 10505. Director of the Joint Staff of the National
Guard Bureau''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``10505. Director of the Joint Staff of the National Guard
Bureau.''.
<DELETED>SEC. 509. TWO-YEAR EXTENSION OF AUTHORITY TO WAIVE REQUIREMENT
THAT RESERVE CHIEFS AND NATIONAL GUARD DIRECTORS HAVE
SIGNIFICANT JOINT DUTY EXPERIENCE.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 510. REPEAL OF DISTRIBUTION REQUIREMENTS FOR NAVAL
RESERVE FLAG OFFICERS.</DELETED>
<DELETED> Subsection (c) of 12004 of title 10, United States Code,
is amended--</DELETED>
<DELETED> (1) by striking ``(1)'' after ``(c)'';
and</DELETED>
<DELETED> (2) by striking the second sentence and all that
follows through the end of the subsection.</DELETED>
<DELETED>Subtitle B--Other Officer Personnel Policy Matters</DELETED>
<DELETED>SEC. 511. TRANSITION OF ACTIVE-DUTY LIST OFFICER FORCE TO ALL
REGULAR STATUS.</DELETED>
<DELETED> (a) Repeal of Requirement That Active-Duty Officers Serve
in a Reserve Component for at Least One Year Before Receiving a Regular
Commission.--Section 532 of title 10, United States Code, is amended by
striking subsection (e).</DELETED>
<DELETED> (b) Revision to Qualifications for Original Appointment as
a Commissioned Officer.--(1) Section 532 of such title is further
amended by adding at the end the following new subsection:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (2) Section 619(d) of such title is amended by adding at
the end the following new paragraph:</DELETED>
<DELETED> ``(5) An officer of the Army, Air Force, or Marine
Corps in the grade of captain, or of the Navy in the grade of
lieutenant, who is not a citizen of the United
States.''.</DELETED>
<DELETED> (c) Repeal of Limitations on Total Strength of Regular
Commissioned Officers on Active-Duty.--Section 522 of such title is
repealed. The table of sections at the beginning of chapter 31 of such
title is amended by striking the item relating to that
section.</DELETED>
<DELETED> (d) Authority for Original Appointment of Regular Officers
in Junior Grades to be Made by President Alone.--Section 531(a) of such
title is amended to read as follows:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (e) Termination of Requirement of 6 Years Service in a
Reserve Component for Nonregular Service Retirement Eligibility.--(1)
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 date of the enactment of the
National Defense Authorization Act for Fiscal Year 2005,''.</DELETED>
<DELETED> (f) All Regular Officer Appointments for Students
Attending University of Health Sciences.--Section 2114(b) of such title
is amended by striking the first two sentences and inserting the
following: ``They shall be appointed in a regular component of the
uniformed services and shall serve on active duty as a second
lieutenant or ensign (or the equivalent).''.</DELETED>
<DELETED>SEC. 512. MANDATORY RETENTION ON ACTIVE DUTY TO QUALIFY FOR
RETIREMENT PAY.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>SEC. 513. DISTRIBUTION IN GRADE OF MARINE CORPS RESERVE
OFFICERS IN AN ACTIVE STATUS IN GRADES BELOW BRIGADIER
GENERAL</DELETED>
<DELETED> The table in section 12005(c)(1) of title 10, United
States Code, is amended to read as follows:</DELETED>
<DELETED>``Colonel................................... 2 percent
<DELETED>Lieutenant colonel.......................... 8 percent
<DELETED>Major....................................... 16 percent
<DELETED>Captain..................................... 39 percent
<DELETED>First lieutenant and second lieutenant (when 35 percent.''.
combined with the number authorized for general
officer grades under section 12004 of this title).
<DELETED>SEC. 514. TUITION ASSISTANCE FOR OFFICERS.</DELETED>
<DELETED> (a) Authority To Reduce or Waive Active Duty Service
Obligation.--Subsection (b) of section 2007 of title 10, United States
Code, is amended--</DELETED>
<DELETED> (1) by inserting ``(1)'' after ``(b)'';</DELETED>
<DELETED> (2) by inserting ``or full-time National Guard
duty'' after ``active duty'' each place it appears;
and</DELETED>
<DELETED> (2) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(2) Notwithstanding paragraph (1), the Secretary of the
military department may reduce or waive the active duty service
obligation--</DELETED>
<DELETED> ``(A) in the case of a commissioned officer who is
subject to mandatory separation;</DELETED>
<DELETED> ``(B) in the case of a commissioned officer who
has completed the period of active duty service in support of a
contingency operation; or</DELETED>
<DELETED> ``(C) in other exigent circumstances as determined
by the Secretary.'.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>Subtitle C--Reserve Component Matters</DELETED>
<DELETED>SEC. 521. REVISION TO STATUTORY PURPOSE OF THE RESERVE
COMPONENTS.</DELETED>
<DELETED> Subsection 10102 of title 10, United States Code, is
amended by striking ``, during'' and all that follows through ``planned
mobilization,''.</DELETED>
<DELETED>SEC. 522. IMPROVED ACCESS TO RESERVE COMPONENT MEMBERS FOR
ENHANCED TRAINING.</DELETED>
<DELETED> (a) Reserve Components Generally.--Section 12301 of title
10, United States Code, is amended--</DELETED>
<DELETED> (1) in subsection (a), by striking ``(other than
for training)'';</DELETED>
<DELETED> (2) in subsection (c)--</DELETED>
<DELETED> (A) in the first sentence, by striking
``(other than for training)'' and inserting ``as
provided in subsection (a)''; and</DELETED>
<DELETED> (B) in the second sentence, by striking
``ordered to active duty (other than for training)''
and inserting ``so ordered to active duty'';
and</DELETED>
<DELETED> (3) in subsection (e), by striking ``(other than
for training)'' and inserting ``as provided in subsection
(a)''.</DELETED>
<DELETED> (b) Ready Reserve.--Section 12302 of such title is amended
by striking ``(other than for training)'' in subsections (a) and
(c).</DELETED>
<DELETED> (c) Order to Active Duty Other Than During War or National
Emergency.--Section 12304(a) of such title is amended by striking
``(other than for training)''.</DELETED>
<DELETED> (d) Standby Reserve.--Section 12306 of such title is
amended--</DELETED>
<DELETED> (1) in subsection (a), by striking ``(other than
for training) only''; and</DELETED>
<DELETED> (2) in subsection (b), by striking ``(other than
for training)'' in paragraphs (1) and (2) and inserting ``as
provided in section 12301(a) of this title''.</DELETED>
<DELETED> (d) Standby Reserve.--Section 12306 of such title is
amended by striking ``(other than for training)'' each place it appears
and inserting ``as provided in section 12301(a)''.</DELETED>
<DELETED>SEC. 523. 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.</DELETED>
<DELETED> (a) In General.--Chapter 61 of title 10, United States
Code, is amended by inserting after section 1206 the following new
section:</DELETED>
<DELETED>``Sec. 1206a. Reserve component members unable to perform
duties when ordered to active duty: disability system
processing</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Applicable Reasons for Release.--Subsection (a)
applies in the case of a member released from active duty because of a
failure to meet--</DELETED>
<DELETED> ``(1) physical standards for retention;
or</DELETED>
<DELETED> ``(2) medical or dental standards for deployment
due to a preexisting condition not aggravated during the period
of active duty.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``1206a. Reserve component members unable to perform duties
when ordered to active duty: disability
system processing.''.
<DELETED>SEC. 524. FEDERAL CIVIL SERVICE MILITARY LEAVE FOR RESERVE AND
NATIONAL GUARD CIVILIAN TECHNICIANS.</DELETED>
<DELETED> 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)''.</DELETED>
<DELETED>SEC. 525. EXPANDED EDUCATIONAL ASSISTANCE AUTHORITY FOR
OFFICERS COMMISSIONED THROUGH ROTC PROGRAM AT MILITARY
JUNIOR COLLEGES.</DELETED>
<DELETED> (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 paragraphs:</DELETED>
<DELETED> ``(5)(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.</DELETED>
<DELETED> ``(B) Such assistance is in addition to any financial
assistance provided under paragraph (1), (3), or (4).</DELETED>
<DELETED> ``(C) The agreement and reimbursement requirements
established in section 2005 of this title are applicable to financial
assistance under this paragraph.</DELETED>
<DELETED> ``(D) An officer receiving financial assistance under this
paragraph shall be attached to the unit of the Army at the educational
institution at which the officer is pursuing a baccalaureate degree 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.</DELETED>
<DELETED> ``(E) A qualified officer who did not previously receive
financial assistance under this section is eligible to receive
educational assistance under this paragraph.</DELETED>
<DELETED> ``(F) A Reserve officer may not be called or ordered to
active duty for a deployment while participating in the program under
this paragraph.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(H) The amount obligated during any fiscal year under
this paragraph and paragraph (4) of section 2107a(c) of this title may
not exceed a total of $1,500,000.''.</DELETED>
<DELETED> (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 paragraphs:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Such assistance is in addition to any provided under
paragraph (1) or (2).</DELETED>
<DELETED> ``(C) The agreement and reimbursement requirements
established in section 2005 of this title are applicable to financial
assistance under this paragraph.</DELETED>
<DELETED> ``(D) An officer receiving financial assistance under this
paragraph shall be attached to the unit of the Army at the educational
institution at which the officer is pursuing a baccalaureate degree 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.</DELETED>
<DELETED> ``(E) A qualified officer who did not previously receive
financial assistance under this section is eligible to receive
educational assistance under this paragraph.</DELETED>
<DELETED> ``(F) A Reserve officer may not be called or ordered to
active duty for a deployment while participating in the program under
this paragraph.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> ``(H) As provided in subparagraph (H) of section
2107(c)(5) of this title, the amount obligated during any fiscal year
under this paragraph and paragraph (5) of section 2107(c) of this title
may not exceed a total of $1,500,000.''.</DELETED>
<DELETED> (c) Repeal of Sunset Provision for Financial Assistance
Program for Students not Eligible for Advanced Training.--Section 2103a
of such title is amended by striking subsection (d).</DELETED>
<DELETED> (d) Annual Implementation Report.--The Secretary of the
Army shall submit to the Committees on Armed Services of the Senate and
House of Representatives an annual report, for each of the next six
years after the enactment of this Act, providing information on the
experience of the Department of Defense during the preceding year 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
for with respect to any year shall be submitted not later March 31 of
the following year.</DELETED>
<DELETED>SEC. 526. EFFECT OF APPOINTMENT OR COMMISSION AS OFFICER ON
ELIGIBILITY FOR SELECTED RESERVE EDUCATION LOAN REPAYMENT
PROGRAM FOR ENLISTED MEMBERS.</DELETED>
<DELETED> (a) Continuation of Loan Repayment.--Section 16301(a) of
title 10, United States Code, is amended--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(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 shall 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.''.</DELETED>
<DELETED> (b) Limitation on Fiscal Year 2005 Obligations.--During
fiscal year 2005, obligations incurred under section 16301 of title 10,
United States Code, as amended by subsection (a), to make loan
repayments on behalf of members of the reserve components who accept an
appointment or commission as a warrant officer or commissioned officer
of the Selected Reserve may not exceed $1,000,000.</DELETED>
<DELETED>SEC. 527. NUMBER OF STARBASE ACADEMIES IN A STATE.</DELETED>
<DELETED> Paragraph (3) of section 2193b(c) of title 10, United
States Code, is amended to read as follows:</DELETED>
<DELETED> ``(3)(A) Subject to subparagraph (B), the Secretary may
not support the establishment in any State of more than two
academies.</DELETED>
<DELETED> ``(B) The Secretary may waive the limitation in
subparagraph (A). Any such waiver shall be made under criteria to be
prescribed by the Secretary.''.</DELETED>
<DELETED>SEC. 528. COMPTROLLER GENERAL ASSESSMENT OF INTEGRATION OF
ACTIVE AND RESERVE COMPONENTS OF THE NAVY.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the Naval Reserve Redesign Study carried out
by the Navy: and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Limitation.--No funds appropriated or otherwise made
available by this Act may be obligated or expended to decommission a
Naval Reserve or Marine Corps Reserve aviation squadron until 90 days
after the date on which the report required by subsection (b) is
submitted to the Committees on Armed Services of the Senate and House
of Representatives.</DELETED>
<DELETED> (d) Matters to be Examined.--In conducting the review, the
Comptroller General shall examine the following:</DELETED>
<DELETED> (1) The criteria the Navy used to determine the
following with respect to integration of the active and reserve
components of the Navy:</DELETED>
<DELETED> (A) The future mix of active and reserve
component force structure.</DELETED>
<DELETED> (B) Organization of command and control
elements.</DELETED>
<DELETED> (C) Manpower levels.</DELETED>
<DELETED> (D) Basing changes.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (A) The new Fleet Response Plan of the
Navy.</DELETED>
<DELETED> (B) The flexible deployment
concept.</DELETED>
<DELETED> (C) Global operations.</DELETED>
<DELETED> (D) Emerging mission
requirements.</DELETED>
<DELETED> (E) Other evolving initiatives.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) For naval aviation forces, the extent to which
the active and reserve component integration plans of the Navy
will affect factors such as--</DELETED>
<DELETED> (A) common training and readiness
standards for active and reserve forces;</DELETED>
<DELETED> (B) reserve component access to the same
equipment as the active component;</DELETED>
<DELETED> (C) relationships between command and
headquarters elements of active and reserve forces;
and</DELETED>
<DELETED> (D) trends in the use by the Navy of units
referred to as ``associate'' units or ``blended''
units.</DELETED>
<DELETED> (E) Basing of future aviation
forces.</DELETED>
<DELETED> (F) Employment of Naval Reserve aviation
forces and personnel in peacetime and wartime
operations.</DELETED>
<DELETED>SEC. 529. OPERATIONAL ACTIVITIES CONDUCTED BY THE NATIONAL
GUARD UNDER AUTHORITY OF TITLE 32.</DELETED>
<DELETED> (a) In General.--Title 32, United States Code, is amended
by adding at the end the following new chapter:</DELETED>
<DELETED>``CHAPTER 9--OPERATIONS OF A NATIONAL OR FEDERAL
INTEREST</DELETED>
<DELETED>``Sec.
<DELETED>``901. Operational activities.
<DELETED>``902. Operational duty.
<DELETED>``903. Funding assistance.
<DELETED>``904. Operations requests.
<DELETED>``Sec. 901. Operational activities</DELETED>
<DELETED> ``The Secretary of Defense may provide funds in advance or
on a reimbursable basis to a Governor to employ National Guard units
and individuals to conduct operational activities that the Secretary
determines to be in the national interest. The Secretary of Defense
shall prescribe regulations to implement this chapter.</DELETED>
<DELETED>``Sec. 902. Operational duty</DELETED>
<DELETED> ``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 operational activities performed by the National Guard under
this chapter.</DELETED>
<DELETED>``Sec. 903. Funding assistance</DELETED>
<DELETED> ``When the Secretary of Defense determines that certain
operational activities of the National Guard are in the national
interest under section 901 of this title, the Secretary shall provide
funds to a State in an amount that the Secretary determines is
appropriate for the following costs of the operational activities from
funds available to the Department for related purposes:</DELETED>
<DELETED> ``(1) The pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses of personnel of the
National Guard of that State.</DELETED>
<DELETED> ``(2) The operation and maintenance of the
equipment and facilities of the National Guard of that
State.</DELETED>
<DELETED> ``(3) The procurement of services and equipment,
and the leasing of equipment, for the National Guard of that
State.</DELETED>
<DELETED>``Sec. 904. Operations requests</DELETED>
<DELETED> ``(a) Requests.--A Governor of a State may request funding
assistance for the operational activities of the National Guard of that
State from the Secretary of Defense. Any such request shall include the
following:</DELETED>
<DELETED> ``(1) The specific intended operational activities
of the National Guard of that State.</DELETED>
<DELETED> ``(2) An explanation of why the operational
activities are in the national interest.</DELETED>
<DELETED> ``(3) A certification that operational activities
are to be conducted at a time when the personnel involved are
not in Federal service.</DELETED>
<DELETED> ``(4) A certification that participation by
National Guard personnel in the operational activities is
service in addition to training required under section 502 of
this title.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of chapters at the
beginning of such title is amended by adding at the end the following
new item:</DELETED>
<DELETED>``9. Operations of a National or Federal Interest.. 901''.
<DELETED> (c) Conforming Amendment.--Section 115(h) of title 10,
United States Code, is amended by adding at the end the following new
subsection:</DELETED>
<DELETED> ``(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 operational activities under chapter 9
of title 32 shall be excluded.''.</DELETED>
<DELETED>SEC. 530. ARMY PROGRAM FOR ASSIGNMENT OF ACTIVE COMPONENT
ADVISERS TO UNITS OF THE SELECTED RESERVE.</DELETED>
<DELETED> (a) Change in Minimum Number Required to be Assigned.--
Section 414(c)(1) of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 10 U.S.C. 12001 note) is amended by
striking ``5,000'' and inserting ``3,500''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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 Year 2002 (Public Law 107-107; 10
U.S.C. 12001 note).</DELETED>
<DELETED>Subtitle D--Joint Officer Management</DELETED>
<DELETED>SEC. 531. STRATEGIC PLAN TO LINK JOINT OFFICER DEVELOPMENT TO
OVERALL MISSIONS AND GOALS OF DEPARTMENT OF
DEFENSE.</DELETED>
<DELETED> (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
qualified officers are available as necessary to meet the needs of the
Department for qualified officers who are operationally effective in
the joint environment.</DELETED>
<DELETED> (2) The Secretary shall develop the strategic plan with
the advice of the Chairman of the Joint Chiefs of Staff.</DELETED>
<DELETED> (b) Matters to be Included.--As part of the strategic plan
under subsection (a), the Secretary shall include the
following:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) A description of the process for
identification of the requirement for joint specialty
officers.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (1) Senior civilian officers and employees in the
Office of the Secretary of Defense, the Defense Agencies, and
the military departments.</DELETED>
<DELETED> (2) Senior noncommissioned officers.</DELETED>
<DELETED> (3) Senior leadership in the reserve
components.</DELETED>
<DELETED>SEC. 532. JOINT REQUIREMENTS FOR PROMOTION TO FLAG OR GENERAL
OFFICER GRADE.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 533. CLARIFICATION OF TOURS OF DUTY QUALIFYING AS A JOINT
DUTY ASSIGNMENT.</DELETED>
<DELETED> (a) Consecutive Tours of Duty in Joint Duty Assignments.--
Section 668(c) of title 10, United States Code, is amended by striking
``within the same organization''.</DELETED>
<DELETED> (b) Effective Date.--The amendment made by subsection (a)
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 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.</DELETED>
<DELETED>SEC. 534. AUTHORITY FOR RESERVE OFFICERS TO QUALIFY AS JOINT
SPECIAL OFFICERS.</DELETED>
<DELETED> (a) Authority.--Subsection (a) of section 661 of title 10,
United States Code, is amended by striking ``on the active-duty
list''.</DELETED>
<DELETED> (b) Nominations for Selection.--Subsection (b) of such
section is amended in the second sentence--</DELETED>
<DELETED> (1) by striking ``and'' after ``military
department,''; and</DELETED>
<DELETED> (2) by inserting after ``such date,'' the
following: ``, and each reserve component officer in an active
status who is not on the active-duty list,''.</DELETED>
<DELETED> (c) Conforming Amendments.--(1) Section 662 of such title
is amended--</DELETED>
<DELETED> (A) in subsection (a), by inserting ``on the
active-duty list'' after ``qualifications of officers'' in the
matter preceding paragraph (1); and</DELETED>
<DELETED> (B) in subsection (b), by inserting ``on the
active-duty list'' after ``preceding fiscal year of officers''
in the first sentence.</DELETED>
<DELETED> (2)(A) The heading of such section is amended to read as
follows:</DELETED>
<DELETED>``Sec. 662. Promotion policy objectives for joint officers on
the active-duty list''.</DELETED>
<DELETED> (B) The item relating to such section in the table of
sections at the beginning of chapter 38 of such title is amended to
read as follows:</DELETED>
<DELETED>``662. Promotion policy objectives for joint officers on the
active-duty list.''.
<DELETED> (d) Annual Report to Congress.--(1) Section 667 of such
title is amended--</DELETED>
<DELETED> (A) by redesignating paragraph (18) as paragraph
(19); and</DELETED>
<DELETED> (B) by inserting after paragraph (17) the
following new paragraph (18):</DELETED>
<DELETED> ``(18) The implementation of authority under
section 661 of this title to certify reserve component officers
as joint specialty officers, together with the number of
reserve component officers who were so certified during the
reporting period.''.</DELETED>
<DELETED> (2) The Secretary of Defense shall include in the annual
report of the Secretary to Congress for fiscal year 2005, as part of
the material included in that report pursuant to paragraph (18) of
section 667 of title 10, United States Code, a summary of the joint
officer management policies adopted for reserve component officers
pursuant to the amendments made by subsections (a) and (b).</DELETED>
<DELETED>Subtitle E--Professional Military Education</DELETED>
<DELETED>SEC. 541. IMPROVEMENT TO PROFESSIONAL MILITARY EDUCATION IN
THE DEPARTMENT OF DEFENSE.</DELETED>
<DELETED> (a) In General.--Part III of subtitle A of title 10,
United States Code, is amended--</DELETED>
<DELETED> (1) by redesignating chapter 107 as chapter 106A;
and</DELETED>
<DELETED> (2) by inserting before chapter 108 the following
new chapter:</DELETED>
<DELETED>``CHAPTER 107--PROFESSIONAL MILITARY EDUCATION</DELETED>
<DELETED>``Sec.
<DELETED>``2151. Definitions
<DELETED>``2152. Professional military education: general requirements.
<DELETED>``2153. Capstone course: newly selected general and flag
officers.
<DELETED>``2154. Joint professional military education: three-phase
approach.
<DELETED>``2155. Intermediate level service colleges: written
examination for selection for attendance.
<DELETED>``2156. Joint professional military education phase II program
of instruction.
<DELETED>``2157. Intermediate and senior level service colleges; Joint
Forces Staff College: duration of principle
course of instruction.
<DELETED>``2158. Annual report to Congress.
<DELETED>``Sec. 2151. Definitions</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(1) Integrated employment of land, sea,
and air forces.</DELETED>
<DELETED> ``(2) National military
strategy.</DELETED>
<DELETED> ``(3) Strategic planning.</DELETED>
<DELETED> ``(4) Contingency planning.</DELETED>
<DELETED> ``(5) Command and control of combat
operations under unified command.</DELETED>
<DELETED> ``(6) Joint and combined
operations.</DELETED>
<DELETED> ``(7) Joint doctrine.</DELETED>
<DELETED> ``(8) Joint logistics.</DELETED>
<DELETED> ``(9) Joint communications.</DELETED>
<DELETED> ``(10) Joint intelligence.</DELETED>
<DELETED> ``(11) Campaign planning.</DELETED>
<DELETED> ``(12) Joint military command and control
systems and the interface of those systems with
national command systems.</DELETED>
<DELETED> ``(13) Joint force development, including
mobilization.</DELETED>
<DELETED> ``(14) Joint requirements
development.</DELETED>
<DELETED> ``(15) Military history.</DELETED>
<DELETED> ``(16) Awareness of cultures in areas
outside of the United States where United States forces
may operate or of forces of foreign countries with whom
United States forces may operate.</DELETED>
<DELETED> ``(b) Other Definitions.--In this chapter:</DELETED>
<DELETED> ``(1) The term `senior level service school' means
any of the following:</DELETED>
<DELETED> ``(A) The Army War College.</DELETED>
<DELETED> ``(B) The College of Naval
Warfare.</DELETED>
<DELETED> ``(C) The Air War College.</DELETED>
<DELETED> ``(D) The Marine Corps
University.</DELETED>
<DELETED> ``(2) The term `intermediate level service school'
means any of the following:</DELETED>
<DELETED> ``(A) The United States Army Command and
General Staff College.</DELETED>
<DELETED> ``(B) The College of Naval Command and
Staff.</DELETED>
<DELETED> ``(C) The Air Command and Staff
College.</DELETED>
<DELETED> ``(D) The Marine Corps Command and Staff
College.</DELETED>
<DELETED>``Sec. 2152. Joint professional military education: general
requirements</DELETED>
<DELETED> ``(a) In General.--The Secretary of Defense shall
implement a coherent and comprehensive framework for the joint
professional military education of officers, including officers
nominated under section 661 of this title for the joint
specialty.</DELETED>
<DELETED>``Sec. 2153. Capstone course: newly selected general and flag
officers</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Waiver Authority.--(1) Subject to paragraph (2), the
Secretary of Defense may waive subsection (a)--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) when necessary for the good of the
service;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(D) in the case of a medical officer, dental
officer, veterinary officer, medical service officer, nurse,
biomedical science officer, or chaplain.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 2154. Joint professional military education: three-
phase approach</DELETED>
<DELETED> ``(a) Three-Phase Approach.--The Secretary of Defense
shall implement a three-phase approach to joint professional military
education, as follows:</DELETED>
<DELETED> ``(1) There shall be a course of instruction,
designated and certified by the Secretary of Defense as Phase I
instruction, consisting 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.</DELETED>
<DELETED> ``(2) There shall be a course of instruction,
designated and certified by the Secretary of Defense as Phase
II instruction, consisting of a joint professional military
education curriculum taught in residence at--</DELETED>
<DELETED> ``(A) the Joint Forces Staff College;
or</DELETED>
<DELETED> ``(B) a senior level service school that
has been designated and certified by the Secretary of
Defense as a joint professional military education
institution.</DELETED>
<DELETED> ``(3) There shall be a course of instruction,
designated and certified by the Secretary of Defense 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.</DELETED>
<DELETED> ``(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 2156(a) of this title.</DELETED>
<DELETED>``Sec. 2155. Intermediate level service school: written
examination for selection for attendance</DELETED>
<DELETED> ``(a) Requirement.--The Secretary of each military
department shall require that performance on a comprehensive written
examination shall constitute not less than 20 percent of the evaluation
criteria for selection of any officer for full-time attendance at an
intermediate level service school under the jurisdiction of the
Secretary. Such an examination shall be designed so as to require
substantive knowledge of military history, national military strategy,
service and joint doctrine, and such other subjects as the Secretary
may require. Such an examination shall be required for each class
entering an intermediate level service school after September 30,
2007.</DELETED>
<DELETED> ``(b) Selection From Different Service.--The Secretary of
a military department, in considering candidates for full-time
attendance at an intermediate level service school under the
jurisdiction of the Secretary who are officers of an armed force other
than the armed force that administers that service school, shall
consider such an officer to be qualified for selection for such
attendance if the officer has met all the requirements for attendance
at the equivalent intermediate level service school of that officer's
own armed force.</DELETED>
<DELETED>``Sec. 2156. Joint professional military education phase II
program of instruction</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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 for compelling cause, as
determined by the Chairman. An officer selected to receive such an
exception shall be required to demonstrate a 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.</DELETED>
<DELETED> ``(b) Phase II Requirements.--The Secretary shall require
that the curriculum for Phase II joint professional military education
at any school--</DELETED>
<DELETED> ``(1) focus on developing joint attitudes and
perspectives and honing joint warfighting skills; and</DELETED>
<DELETED> ``(2) be structured --</DELETED>
<DELETED> ``(A) so as to adequately prepare students
to perform effectively in an assignment to a joint,
multiservice organization; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(1) National security strategy.</DELETED>
<DELETED> ``(2) Theater strategy and campaigning.</DELETED>
<DELETED> ``(3) Joint planning processes and
systems.</DELETED>
<DELETED> ``(4) Joint, interagency, and multinational
capabilities and the integration of those
capabilities.</DELETED>
<DELETED> ``(d) Student Ratio; Faculty Ratio.--(1) 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--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 2157. Intermediate and senior level service schools;
Joint Forces Staff College: duration of principle course
of instruction</DELETED>
<DELETED> ``(a) Service Schools.--The duration of the principal
course of instruction offered at each intermediate level service school
and each senior level service school may not be less than 10 months of
resident instruction. The Secretary of Defense may waive the
requirement in the preceding sentence during a period of war or during
a national emergency declared by the President or the
Congress.</DELETED>
<DELETED> ``(b) Joint Forces Staff College.--(1) 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.</DELETED>
<DELETED> ``(2) In this subsection, 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.</DELETED>
<DELETED>``Sec. 2158. Annual report to Congress</DELETED>
<DELETED> ``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):</DELETED>
<DELETED> ``(1) The number of officers who successfully
completed a joint professional military education phase II
course and were not selected for promotion.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Transfer of Other Provisions.--Subsections (b) and (c)
of section 663 of title 10, United States Code, are transferred to
section 2151 of such title, as added by subsection (a), and added at
the end thereof.</DELETED>
<DELETED> (c) Conforming Amendments.--(1) Section 663 of such title,
as amended by subsection (b), is further amended--</DELETED>
<DELETED> (A) by striking subsections (a) and (e);
and</DELETED>
<DELETED> (B) by striking ``(d) Post-Education Joint Duty
Assignments.--(1) The'' and inserting ``(a) Joint Specialty
Officers.--The'';</DELETED>
<DELETED> (C) by striking ``(2)(A) The Secretary'' and
inserting ``(b) Other Officers.--(1) The Secretary'';</DELETED>
<DELETED> (D) by striking ``in subparagraph (B)' and
inserting ``in paragraph (2)'';</DELETED>
<DELETED> (E) by striking ``(B) The Secretary'' and
inserting ``(2) The Secretary''; and</DELETED>
<DELETED> (F) by striking ``in subparagraph (B)' and
inserting ``in paragraph (1)''.</DELETED>
<DELETED> (2)(A) The heading of such section is amended to read as
follows:</DELETED>
<DELETED>``Sec. 633. Joint duty assignments after completion of joint
professional military education''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``633. Joint duty assignments after completion of joint
professional military education.''.
<DELETED> (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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``106A. Educational Assistance for Persons 2141
Enlisting for Active Duty.
<DELETED>``107. Professional Military Education ........... 2151''.
<DELETED>SEC. 542. RIBBONS TO RECOGNIZE COMPLETION OF JOINT
PROFESSIONAL MILITARY EDUCATION.</DELETED>
<DELETED> (a) In General.--(1) Chapter 57 of title 10, United States
Code, is amended by adding at the end the following new
section:</DELETED>
<DELETED>``Sec. 1134. Joint professional military education ribbon:
award</DELETED>
<DELETED> ``(a) JPME I.--The Secretary of Defense may award a
ribbon, of appropriate design, as approved by the Secretary, to any
person who successfully completes a program of instruction approved by
the Secretary as qualifying for credit as the Joint Professional
Military Education Phase I program of instruction.</DELETED>
<DELETED> ``(b) JPME II.--The Secretary of Defense may award a
device, of appropriate design, as approved by the Secretary, for wear
with the ribbon awarded under subsection (a), to any person who
successfully completes a program of instruction approved by the
Secretary as qualifying for credit as the Joint Professional Military
Education Phase II course of instruction.''.</DELETED>
<DELETED> (2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:</DELETED>
<DELETED>``1134. Joint professional military education ribbon:
award.''.
<DELETED> (b) Effective Date.--Section 1134 of title 10, United
States Code, as added by subsection (a), shall apply with respect to
the successful completion of a joint professional military education
program of instruction after November 29, 1989.</DELETED>
<DELETED>SEC. 543. INCREASE IN NUMBER OF PRIVATE-SECTOR CIVILIANS WHO
MAY BE ENROLLED FOR INSTRUCTION AT NATIONAL DEFENSE
UNIVERSITY.</DELETED>
<DELETED> Section 2167(a) of title 10, United States Code, is
amended by striking ``10'' and inserting ``20''.</DELETED>
<DELETED>SEC. 544. REQUIREMENT FOR COMPLETION OF PHASE I JOINT
PROFESSIONAL MILITARY EDUCATION BEFORE PROMOTION TO
COLONEL OR NAVY CAPTAIN.</DELETED>
<DELETED> (a) In General.--Chapter 36 of title 10, United States
Code, is amended by inserting after section 619a the following new
section:</DELETED>
<DELETED>``Sec. 619b. Eligibility for consideration for promotion:
joint professional military education required before
promotion to colonel or Navy captain;
exceptions</DELETED>
<DELETED> ``(a) General Rule.--After September 30, 2007, an officer
on the active-duty list of the Army, Air Force, or Marine Corps may not
be appointed to the grade of colonel, and an officer on the active-duty
list of the Navy may not be appointed to the grade of captain, unless
the officer has successfully completed a program of instruction
approved by the Secretary as qualifying for credit as the Joint
Professional Military Education Phase I or Phase II program of
instruction.</DELETED>
<DELETED> ``(b) Exceptions.--Subject to subsection (c), the
Secretary of Defense may waive subsection (a) in the following
circumstances:</DELETED>
<DELETED> ``(1) When necessary for the good of the
service.</DELETED>
<DELETED> ``(2) 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.</DELETED>
<DELETED> ``(3) In the case of--</DELETED>
<DELETED> ``(A) a medical officer, dental officer,
veterinary officer, medical service officer, nurse, or
biomedical science officer;</DELETED>
<DELETED> ``(B) a chaplain; or</DELETED>
<DELETED> ``(C) a judge advocate.</DELETED>
<DELETED> ``(c) Waiver To Be Individual.--A waiver may be granted
under subsection (b) only on a case-by-case basis in the case of an
individual officer.</DELETED>
<DELETED> ``(d) Special Rule for Good-of-the-Service Waiver.--In the
case of a waiver under subsection (b)(1), the Secretary shall provide
that the first duty assignment as a colonel or Navy captain of the
officer for whom the waiver is granted shall be to a program of joint
professional military education.</DELETED>
<DELETED> ``(e) Limitation on Delegation of Waiver Authority.--The
authority of the Secretary of Defense to grant a waiver under
subsection (b) (other than under paragraph (1) of that subsection) may
be delegated only to the Deputy Secretary of Defense, an Under
Secretary of Defense, or an Assistant Secretary of Defense.</DELETED>
<DELETED> ``(f) Regulations.--The Secretary of Defense shall
prescribe regulations to carry out this section. The regulations shall
specifically identify for purposes of subsection (b)(2) those
categories of officers for which selection for promotion to colonel or,
in the case of the Navy, captain is based primarily upon scientific and
technical qualifications for which joint requirements do not
exist.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the following
new item:</DELETED>
<DELETED>``619b. Eligibility for consideration for promotion: joint
professional military education required
before promotion to colonel or Navy
captain; exceptions.''.
<DELETED>Subtitle F--Other Education and Training Matters</DELETED>
<DELETED>SEC. 551. COLLEGE FIRST DELAYED ENLISTMENT PROGRAM.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Sec. 511. College First Program</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Delayed Entry With Allowance for Higher Education.--
The Secretary concerned may--</DELETED>
<DELETED> ``(1) exercise the authority under section 513 of
this title--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) An allowance may not be paid to a person under this
section for more than 24 months.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) An obligation to repay the United States imposed
under paragraph (1) is for all purposes a debt owed to the United
States.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``511. College First Program''.
<DELETED> (b) Repeal of Army College First Program.--Section 573 of
the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C.
513 note) is repealed. 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 the section
repealed by the preceding sentence.</DELETED>
<DELETED> (c) Effective Date.--Section 511 of title 10, United
States Code, as added by subsection (a), and the repeal made by
subsection (b) shall take effect on October 1, 2004.</DELETED>
<DELETED> (d) Limitation on Fiscal Year 2005 Obligations.--During
fiscal year 2005, obligations incurred under section 511 of title 10,
United States Code, as added by subsection (a), to pay allowances to
persons accepted for enlistment as a Reserve for service in the
Selected Reserve or Individual Ready Reserve of a reserve component
using the expanded authority provided by the amendment made by
subsection (a) may not exceed $5,000,000. The authority to pay
allowances under such section shall not be considered to be an expanded
authority to the extent that the authority to pay such allowances was
available under section 573 of the National Defense Authorization Act
for Fiscal Year 2000 (10 U.S.C. 513 note), before the repeal of such
section by subsection (b).</DELETED>
<DELETED>SEC. 552. STANDARDIZATION OF AUTHORITY TO CONFER DEGREES ON
GRADUATES OF COMMUNITY COLLEGE OF THE AIR FORCE WITH
AUTHORITY FOR OTHER SCHOOLS OF AIR UNIVERSITY.</DELETED>
<DELETED> (a) Change in Degree Conferring Authority.--Section
9315(c) of title 10, United States Code, is amended--</DELETED>
<DELETED> (1) in paragraph (1), by striking ``Air Education
and Training Command of the Air Force'' and inserting ``Air
University''; and</DELETED>
<DELETED> (2) in paragraph (2), by striking ``Air Education
and Training Command of the Air Force'' and inserting ``Air
University''.</DELETED>
<DELETED> (b) Conforming and Stylistic Amendments.--(1) Subsection
(a) of section 9317 of such title is amended--</DELETED>
<DELETED> (1) by striking ``may confer--'' and inserting
``may confer degrees as follows:'';</DELETED>
<DELETED> (2) by striking ``the'' in paragraphs (1), (2),
and (3) after the paragraph designation and inserting
``The'';</DELETED>
<DELETED> (3) by striking the semicolon at the end of
paragraph (1) and inserting a period;</DELETED>
<DELETED> (4) by striking ``; and'' at the end of paragraph
(2) and inserting a period; and</DELETED>
<DELETED> (5) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(4) An associate level degree upon graduates of
the Community College of the Air Force.''.</DELETED>
<DELETED> (c) Clerical Amendments.--The heading for such section,
and the item relating to such section in the table of sections at the
beginning of chapter 901 of such title, are amended by striking the
matter between the colon and the last word.</DELETED>
<DELETED>SEC. 553. CHANGE IN TITLES OF HEADS OF THE NAVAL POSTGRADUATE
SCHOOL.</DELETED>
<DELETED> (a) President of the School.--(1)(A) Section 7042 of title
10, United States Code, is amended by striking ``Superintendent'' each
place it appears in the text and inserting ``President''.</DELETED>
<DELETED> (B) The heading of such section is amended to read as
follows:</DELETED>
<DELETED>``Sec. 7042. President; assistants''.</DELETED>
<DELETED> (2)(A) Section 7044 of such title is amended by striking
``Superintendent'' and inserting ``President of the school'';</DELETED>
<DELETED> (B) Sections 7048(a) and 7049(e) of such title are amended
by striking ``Superintendent'' and inserting ``President'';</DELETED>
<DELETED> (b) Provost and Academic Dean.--(1)(A) Subsection (a) of
section 7043 of title 10, United States Code, is amended to read as
follows:</DELETED>
<DELETED> ``(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 after consultation with the
Naval Postgraduate School Board of Advisors and consideration of the
recommendation of the leadership and faculty of the Naval Postgraduate
School.''.</DELETED>
<DELETED> (B) Subsection (b) of such section is amended by striking
``Academic Dean'' and inserting ``Provost and Academic
Dean''.</DELETED>
<DELETED> (C) The heading of such section is amended to read as
follows:</DELETED>
<DELETED>``Sec. 7043. Provost and Academic Dean''.</DELETED>
<DELETED> (2) Section 5102(c)(10) of title 5, United States Code, is
amended by striking ``Academic Dean'' and inserting ``Provost and
Academic Dean''.</DELETED>
<DELETED> (c) Clerical Amendment.--The table of sections at the
beginning of chapter 605 of such title is amended by striking the items
related to sections 7042 and 7043 and inserting the following new
items:</DELETED>
<DELETED>``7042. President; assistants.
<DELETED>``7043. Provost and Academic Dean.''.
<DELETED>SEC. 554. INCREASE FROM TWO YEARS TO THREE YEARS IN PERIOD FOR
WHICH EDUCATIONAL LEAVE OF ABSENCE MAY BE
AUTHORIZED.</DELETED>
<DELETED> Section 708(a) of title 10, United States Code, is amended
by striking ``two years'' and inserting ``three years''.</DELETED>
<DELETED>SEC. 555. CORRECTION TO DISPARATE TREATMENT OF DISABILITIES
SUSTAINED DURING ACCESSION TRAINING.</DELETED>
<DELETED> (a) 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:</DELETED>
<DELETED>``Sec. 1217. Cadets, midshipmen, and aviation cadets:
applicability of chapter</DELETED>
<DELETED> ``(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 Navy, but only with
respect to physical disabilities incurred after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2005.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``1217. Cadets, midshipmen, and aviation cadets: applicability
of chapter.''.
<DELETED> (b) Medical and Dental Care for Senior ROTC Members and
Applicants.--(1) Chapter 55 of title 10, United States Code, is amended
by inserting after section 1074a the following new section:</DELETED>
<DELETED>``Sec. 1074b. Medical and dental care: members of, and
designated applicants for membership in, Senior
ROTC</DELETED>
<DELETED> ``(a) Under joint regulations prescribed by the
administering Secretaries, the following persons are entitled to the
benefits described in subsection (b):</DELETED>
<DELETED> ``(1) A member of, and a designated applicant for
membership in, Senior ROTC who incurs or aggravates an injury,
illness, or disease in the line of duty while performing duties
pursuant to section 2109 of this title.</DELETED>
<DELETED> ``(2) A member of, and a designated applicant for
membership in, Senior ROTC who incurs or aggravates an injury,
illness, or disease 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.</DELETED>
<DELETED> ``(3) Each member of, and each designated
applicant for membership in, Senior ROTC who incurs or
aggravates an injury, illness, or disease 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.</DELETED>
<DELETED> ``(b) A person described in subsection (a) is entitled
to--</DELETED>
<DELETED> ``(1) the medical and dental care appropriate for
the treatment of the injury, illness, or disease of that person
until the resulting disability cannot be materially improved by
further hospitalization or treatment; and</DELETED>
<DELETED> ``(2) subsistence during
hospitalization.</DELETED>
<DELETED> ``(c) A member of, and each designated applicant for
membership in, Senior ROTC is not entitled to benefits under subsection
(b) if the injury, illness, or disease or aggravation of an injury,
illness, or disease of that person described in subsection (a)(2) is
the result of the gross negligence or the misconduct of the member or
applicant for membership in Senior ROTC.</DELETED>
<DELETED> ``(d) In this section, the term `Senior ROTC' means a
program under chapter 103 of this title.''.</DELETED>
<DELETED> (2) Section 1074b of title 10, United States Code, as
added by paragraph (1), shall apply with respect to injuries,
illnesses, and diseases incurred or aggravated on or after the date of
the enactment of this Act.</DELETED>
<DELETED> (3) The table of sections at the beginning of chapter 55
of such title is amended by inserting after the item relating to
section 1074a the following new item:</DELETED>
<DELETED>``1074b. Medical and dental care: members of, and designated
applicants for membership in, Senior
ROTC.''.
<DELETED>SEC. 556. PRAYER AT MILITARY SERVICE ACADEMY
ACTIVITIES.</DELETED>
<DELETED> (a) Authority of Superintendent.--The Superintendent of a
service academy may have in effect such policy as the Superintendent
considers appropriate with respect to the offering of a voluntary,
nondenominational prayer at an otherwise authorized activity of the
academy, subject to such limitations as the President may
prescribe.</DELETED>
<DELETED> (b) Service Academies.--For purposes of this section, the
term ``service academy'' means any of the following:</DELETED>
<DELETED> (1) The United States Military Academy.</DELETED>
<DELETED> (2) The United States Naval Academy.</DELETED>
<DELETED> (3) The United States Air Force Academy.</DELETED>
<DELETED>SEC. 557. REVISION TO CONDITIONS ON SERVICE OF OFFICERS AS
SERVICE ACADEMY SUPERINTENDENTS.</DELETED>
<DELETED> (a) Repeal of Requirement That Officers Retire After
Service as Superintendent.--Sections 3921, 6371, and 8921 of title 10,
United States Code, are repealed.</DELETED>
<DELETED> (b) Minimum Three-Year Tour of Duty as Superintendent.--
</DELETED>
<DELETED> (1) Military Academy.--Section 4333a of such title
is amended to read as follows:</DELETED>
<DELETED>``Sec. 4333a. Superintendent: length of assignment</DELETED>
<DELETED> ``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.''.</DELETED>
<DELETED> (2) Naval Academy.--Section 6951a of such title is
amended--</DELETED>
<DELETED> (A) by striking the second sentence of
subsection (b); and</DELETED>
<DELETED> (B) by adding at the end the following new
subsection:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (3) Air Force Academy.--Section 9333a of such
title is amended to read as follows:</DELETED>
<DELETED>``Sec. 9333a. Superintendent: length of assignment</DELETED>
<DELETED> ``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.''.</DELETED>
<DELETED> (b) Clerical Amendments.--</DELETED>
<DELETED> (1) The table of sections at the beginning of
chapter 367 of such title is amended by striking the item
relating to section 3921.</DELETED>
<DELETED> (2) The table of sections at the beginning of
chapter 403 of such title is amended to read as
follows:</DELETED>
<DELETED>``4333a. Superintendent: length of assignment.''
<DELETED> (3) The table of sections at the beginning of
chapter 573 of such title is amended by striking the item
relating to section 6371.</DELETED>
<DELETED> (4) The table of sections at the beginning of
chapter 867 of such title is amended by striking the item
relating to section 8921.</DELETED>
<DELETED> (5) The table of sections at the beginning of
chapter 903 of such title is amended to read as
follows:</DELETED>
<DELETED>``9333a. Superintendent: length of assignment.''
<DELETED>SEC. 558. CODIFICATION OF PROHIBITION ON IMPOSITION OF CERTAIN
CHARGES AND FEES AT THE SERVICE ACADEMIES.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Sec. 4359. Cadets: charges and fees for attendance;
limitation</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:</DELETED>
<DELETED>``4359. Cadets: charges and fees for attendance;
limitation.''.
<DELETED> (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:</DELETED>
<DELETED>``Sec. 6978. Midshipmen: charges and fees for attendance;
limitation</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:</DELETED>
<DELETED>``4359. Midshipmen: charges and fees for attendance;
limitation.''.
<DELETED> (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:</DELETED>
<DELETED>``Sec. 9359. Cadets: charges and fees for attendance;
limitation</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:</DELETED>
<DELETED>``9359. Cadets: charges and fees for attendance;
limitation.''.
<DELETED> (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:</DELETED>
<DELETED>``Sec. 197. Cadets: charges and fees for attendance;
limitation</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:</DELETED>
<DELETED>``197. Cadets: charges and fees for attendance; limitation.''.
<DELETED> (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:</DELETED>
<DELETED> ``(j) Limitation on Charges and Fees for Attendance.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 559. QUALIFICATIONS OF THE DEAN OF THE FACULTY OF UNITED
STATES AIR FORCE ACADEMY.</DELETED>
<DELETED> 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, if the Dean is not an officer
on active duty, the Dean shall be a retired officer or former officer,
and a person may not be appointed or assigned as Dean unless that
person holds the highest academic degree in that person's academic
field''.</DELETED>
<DELETED>SEC. 560A. BOARD OF VISITORS OF UNITED STATES AIR FORCE
ACADEMY.</DELETED>
<DELETED> Section 9355 of title 10, United States Code, is amended
to read as follows:</DELETED>
<DELETED>``Sec. 9355. Board of Visitors</DELETED>
<DELETED> ``(a) A Board of Visitors to the Academy is constituted
annually. The Board consists of the following members:</DELETED>
<DELETED> ``(1) Six persons designated by the
President.</DELETED>
<DELETED> ``(2) 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.</DELETED>
<DELETED> ``(3) Three persons designated by the Vice
President or the President pro tempore of the Senate, two of
whom shall be members of the Senate and the third of whom may
not be a member of the Senate.</DELETED>
<DELETED> ``(4) The chairman of the Committee on Armed
Services of the House of Representatives, or his
designee.</DELETED>
<DELETED> ``(5) The chairman of the Committee on Armed
Services of the Senate, or his designee.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) At least two of the members designated by the
President shall be graduates of the Academy.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) 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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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, of all institutional problems.</DELETED>
<DELETED> ``(3) The Board shall recommend appropriate
action.</DELETED>
<DELETED> ``(f) Within 30 days after any meeting of the Board, the
Board shall submit a written report 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 with its views and recommendations
pertaining to the Academy.</DELETED>
<DELETED> ``(g) Upon approval by the Secretary, the Board may call
in advisers for consultation.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 560B. ESTABLISHMENT OF COLLEGE FINANCIAL ASSISTANCE
PROGRAM FOR DISTRICT OF COLUMBIA NATIONAL
GUARD.</DELETED>
<DELETED> (a) Authority.--Under regulations prescribed by the
Secretary of Defense, the Secretary concerned may, in recognition of
the unique position of the District of Columbia in the Federal system,
provide financial assistance to eligible members of the National Guard
of the District of Columbia for expenses of such a member while
enrolled in an approved institution of higher education in a degree,
certificate, or other program (including a program of study abroad
approved for credit by the institution of higher education) leading to
a recognized educational credential at the institution of higher
education. Any such assistance may be provided only during the program
applicability period specified in subsection (i).</DELETED>
<DELETED> (b) Authority Subject to Availability of Appropriations.--
The authority provided in subsection (a) is subject to the availability
of appropriations for that purpose.</DELETED>
<DELETED> (c) Eligibility.--To be eligible for financial assistance
under this section, a member of the National Guard of the District of
Columbia must--</DELETED>
<DELETED> (1) be a member of the National Guard of the
District of Columbia for not less than the 12 consecutive
months preceding the commencement of the tuition assistance and
continue to be such a member while receiving such
assistance;</DELETED>
<DELETED> (2) agree to serve one year in the National Guard
of the District of Columbia for each academic year of
assistance provided;</DELETED>
<DELETED> (3) be enrolled or accepted for enrollment in a
program of education referred to in subsection (a) at an
institution of higher education; and</DELETED>
<DELETED> (4) if already enrolled, maintain satisfactory
progress in the course of study the member is pursuing in
accordance with section 484(c) of the Higher Education Act of
1965 (20 U.S.C. 1091(c)).</DELETED>
<DELETED> (d) Covered Expenses.--Expenses for which financial
assistance may be provided under this section are the
following:</DELETED>
<DELETED> (1) Tuition and fees charged by an approved
institution of higher education involved.</DELETED>
<DELETED> (2) The cost of books.</DELETED>
<DELETED> (3) Laboratory expenses.</DELETED>
<DELETED> (e) Amount.--(1) The amount of financial assistance
provided to a member of the National Guard of the District of Columbia
under this section shall be prescribed by the Secretary concerned, but
may not exceed $2,500 for any academic year. The Secretary concerned
shall prorate assistance under this section for members who pursue a
program of education on less than a full-time basis.</DELETED>
<DELETED> (2) A member may not receive more than $12,500 under this
section.</DELETED>
<DELETED> (f) Construction.--Nothing in this section shall be
construed to require an institution of higher education to alter the
institution's admissions policies or standards in any manner to enable
a member of the National Guard of the District of Columbia to enroll in
the institution.</DELETED>
<DELETED> (g) Definitions.--In this section:</DELETED>
<DELETED> (1) The term ``approved institution of higher
education'' means an institution of higher education (as
defined in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)) that--</DELETED>
<DELETED> (A) is eligible to participate in the
student financial assistance programs under title IV of
the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.); and</DELETED>
<DELETED> (B) has entered into an agreement with the
Secretary concerned containing such conditions as the
Secretary may specify, including a requirement that the
institution use the funds made available under this
section to supplement and not supplant assistance that
otherwise would be provided to eligible students from
the District of Columbia National Guard.</DELETED>
<DELETED> (2) Secretary concerned.--The term ``Secretary
concerned'' means--</DELETED>
<DELETED> (A) the Secretary of the Army, in the case
of the Army National Guard of the District of Columbia;
and</DELETED>
<DELETED> (B) the Secretary of the Air Force, in the
case of the Air National Guard of the District of
Columbia.</DELETED>
<DELETED> (h) Annual Report.--At the close of each year during which
the program under this section is in effect, the Secretary of Defense
shall submit to the congressional defense committees a report on the
effectiveness of the program in improving recruiting and retention for
the District of Columbia National Guard. Each such report shall include
such recommendations for changes in law or policy as the Secretary
considers appropriate. In the first such report, the Secretary shall
include an analysis of means for improving the effectiveness as a
recruitment and retention incentive of any program providing tuition
assistance for members of the District of Columbia National Guard in
existence as of the date of the enactment of this Act.</DELETED>
<DELETED> (i) Program Applicability Period.--Financial assistance
may be provided under this section to eligible members of the National
Guard of the District of Columbia for periods of instruction that begin
during the three-year period beginning on the date of the enactment of
this Act.</DELETED>
<DELETED>Subtitle G--Medals and Decorations and Special Promotions and
Appointments</DELETED>
<DELETED>SEC. 561. SEPARATE MILITARY CAMPAIGN MEDALS TO RECOGNIZE
SERVICE IN OPERATION ENDURING FREEDOM AND SERVICE IN
OPERATION IRAQI FREEDOM.</DELETED>
<DELETED> (a) Requirement.--The President shall establish a campaign
medal specifically to recognize service by members of the uniformed
services in Operation Enduring Freedom and a separate campaign medal
specifically to recognize service by members of the uniformed services
in Operation Iraqi Freedom.</DELETED>
<DELETED> (b) Eligibility.--Subject to such limitations as may be
prescribed by the President, eligibility for a campaign medal
established pursuant to subsection (a) shall be set forth in
regulations to be prescribed by the Secretary concerned (as defined in
section 101 of title 10, United States Code). In the case of
regulations prescribed by the Secretaries of the military departments,
the regulations shall be subject to approval by the Secretary of
Defense and shall be uniform throughout the Department of
Defense.</DELETED>
<DELETED>SEC. 562. ELIGIBILITY OF ALL UNIFORMED SERVICES PERSONNEL FOR
NATIONAL DEFENSE SERVICE MEDAL.</DELETED>
<DELETED> The President shall revise the criteria for eligibility
for the decoration known as the National Defense Service Medal so as to
extend such eligibility, with respect to service on or after September
11, 2001, to members of all of the uniformed services.</DELETED>
<DELETED>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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 564. POSTHUMOUS COMMISSION OF WILLIAM MITCHELL IN THE
GRADE OF MAJOR GENERAL IN THE ARMY.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 565. REQUIREMENTS FOR AWARD OF COMBAT INFANTRYMAN BADGE
AND COMBAT MEDICAL BADGE WITH RESPECT TO SERVICE IN KOREA
AFTER JULY 28, 1953.</DELETED>
<DELETED> (a) Standardization of Requirements With Other Geographic
Areas.--(1) Chapter 357 of title 10, United States Code, is amended by
adding at the end the following new section:</DELETED>
<DELETED>``Sec. 3757. Korean defense service: Combat Infantryman Badge;
Combat Medical Badge</DELETED>
<DELETED> ``The Secretary of the Army shall provide that, with
respect to service in the Republic of Korea after July 28, 1953,
eligibility of a member of the Army for the Combat Infantryman Badge or
the Combat Medical Badge shall be met under criteria and eligibility
requirements that, as nearly as practicable, are identical to those
applicable, at the time of such service in the Republic of Korea, to
service elsewhere without regard to specific location or special
circumstances. In particular, such eligibility shall be established--
</DELETED>
<DELETED> ``(1) without any requirement for service by the
member in an area designated as a `hostile fire area' (or by
any similar designation) or that the member have been
authorized hostile fire pay;</DELETED>
<DELETED> ``(2) without any requirement for a minimum number
of instances (in excess of one) in which the member was engaged
with the enemy in active ground combat involving an exchange of
small arms fire; and</DELETED>
<DELETED> ``(3) without any requirement for personal
recommendation or approval by commanders in the member's chain
of command other than is generally applicable for service at
locations outside the Republic of Korea.''.</DELETED>
<DELETED> (2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:</DELETED>
<DELETED>``3757. Korean defense service: Combat Infantryman Badge;
Combat Medical Badge.''.
<DELETED> (b) Applicability to Service Before Date of Enactment.--
The Secretary of the Army shall establish procedures to provide for the
implementation of section 3757 of title 10, United States Code, as
added by subsection (a), with respect to service in the Republic of
Korea during the period between July 28, 1953, and the date of the
enactment of this Act. Such procedures shall include a requirement for
submission of an application for award of a badge under that section
with respect to service before the date of the enactment of this Act
and the furnishing of such information as the Secretary may
specify.</DELETED>
<DELETED>SEC. 566. ARMY COMBAT RECOGNITION RIBBON.</DELETED>
<DELETED> (a) Requirement Similar to That for Navy Combat Action
Ribbbon .--(1) Chapter 357 of title 10, United States Code, is amended
by adding at the end the following new section:</DELETED>
<DELETED>``Sec. 3757. Combat recognition ribbon</DELETED>
<DELETED> ``(a) Requirement.--The Secretary of the Army shall
establish a combat recognition ribbon to recognize participation by
members of the Army in combat. The Secretary shall award the combat
recognition ribbon to each member of the Army who meets the criteria
for that ribbon based upon service performed after August 1,
1990.</DELETED>
<DELETED> ``(b) Criteria for Award.--The Secretary shall establish
the criteria for award of the combat recognition ribbon. To the maximum
extent practicable, the criteria for the award of such ribbon shall be
based upon, and be similar to, the criteria for award of the Navy
Combat Action Ribbon, including any special criteria for service during
a particular period of time or in a specific location.</DELETED>
<DELETED> ``(c) Limitation.--The combat recognition ribbon may not
be awarded to a member of the Army with respect to the same period of
service as service for which the member was awarded the Combat
Infantryman Badge or the Combat Medic Badge.''.</DELETED>
<DELETED> (2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:</DELETED>
<DELETED>``3757. Combat recognition ribbon.''.
<DELETED> (b) Implementation for Service Before Date of Enactment.--
The Secretary of the Army shall establish procedures to provide for the
implementation of section 3757 of title 10, United States Code, as
added by subsection (a), with respect to service during the period
beginning on August 1, 1990, and ending on the date of the enactment of
this Act. Such procedures shall include a requirement for submission of
an application for award of a ribbon under that section with respect to
service before the date of the enactment of this Act and the furnishing
of such information as the Secretary may specify. Such procedures shall
be established not later than 180 days after the date of the enactment
of this Act.</DELETED>
<DELETED>Subtitle H--Military Justice Matters</DELETED>
<DELETED>SEC. 571. REVIEW ON HOW SEXUAL OFFENSES ARE COVERED BY UNIFORM
CODE OF MILITARY JUSTICE.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 572. SERVICE TIME NOT LOST WHEN CONFINED IN CONNECTION
WITH TRIAL IF CONFINEMENT EXCUSED AS
UNAVOIDABLE.</DELETED>
<DELETED> Section 972 of title 10, United States Code, is amended in
each of subsections (a)(3) and (b)(3) by inserting after ``the trial''
the following: ``, unless such confinement is excused as
unavoidable''.</DELETED>
<DELETED>SEC. 573. CLARIFICATION OF AUTHORITY OF MILITARY LEGAL
ASSISTANCE COUNSEL TO PROVIDE MILITARY LEGAL ASSISTANCE
WITHOUT REGARD TO LICENSING REQUIREMENTS.</DELETED>
<DELETED> Section 1044 of title 10, United States Code, is amended
by adding at the end the following new subsection:</DELETED>
<DELETED> ``(e)(1) Notwithstanding any law regarding the licensure
of attorneys, a judge advocate or civilian attorney who is authorized
to provide military legal assistance is authorized to provide that
assistance in any jurisdiction, subject to such regulations as may be
prescribed by the Secretary concerned.</DELETED>
<DELETED> ``(2) In this subsection, the term `military legal
assistance' includes--</DELETED>
<DELETED> ``(A) legal assistance provided under this
section; and</DELETED>
<DELETED> ``(B) legal assistance contemplated by sections
1044a, 1044b, 1044c, and 1044d of this title.''.</DELETED>
<DELETED>Subtitle I--Management and Administrative Matters</DELETED>
<DELETED>SEC. 581. THREE-YEAR EXTENSION OF LIMITATION ON REDUCTIONS OF
PERSONNEL OF AGENCIES RESPONSIBLE FOR REVIEW AND
CORRECTION OF MILITARY RECORDS.</DELETED>
<DELETED> 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,''.</DELETED>
<DELETED>SEC. 582. STAFFING AND FUNDING FOR DEFENSE PRISONER OF WAR/
MISSING PERSONNEL OFFICE (DPMO).</DELETED>
<DELETED> (a) Minimum Level of Staffing.--Subparagraph (B) of
section 1501(a)(5) of title 10, United States Code, is amended to read
as follows:</DELETED>
<DELETED> ``(B)(i) For any fiscal year--</DELETED>
<DELETED> ``(I) the number of full-time Department of
Defense personnel permanently assigned or detailed to the
office shall be not less than 46 members of the armed forces
and not less than 69 civilian employees of the Department of
Defense; and</DELETED>
<DELETED> ``(II) the number of permanent positions
authorized for the office shall be not less than 46 positions
for members of the armed forces and not less than 69 positions
for civilian employees.</DELETED>
<DELETED> ``(ii) No reductions below the numbers assigned or
authorized under clause (i) may be made unless expressly authorized by
law.</DELETED>
<DELETED> ``(iii) If for any reason the number of military or
civilian personnel assigned to the office should fall below the
required level under clause (i)(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 and of
the Secretary's plan to restore the staffing levels of the office to at
least the required minimums under clause (i). The Secretary shall
publish such notice and plan in the Federal Register.''.</DELETED>
<DELETED> (b) Minimum Level of Funding.--Subparagraph (C) of such
section is amended to read as follows:</DELETED>
<DELETED> ``(C) For any fiscal year, the level of funding allocated
to the office shall be not less than $16,000,000 unless a lower level
of funding is expressly required by law.''.</DELETED>
<DELETED>SEC. 583. PERMANENT ID CARDS FOR RETIREE DEPENDENTS AGE 70 AND
OLDER.</DELETED>
<DELETED> (a) In General.--(1) Chapter 53 of title 10, United States
Code, is amended by adding at the end the following new
section:</DELETED>
<DELETED>``Sec. 1060b. Military ID cards: dependents and survivors of
retirees; issuance of permanent ID card after attaining
70 years of age</DELETED>
<DELETED> ``(a) Permanent ID Card After Age 70.--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 70 years of age. Such a permanent ID card
shall be issued upon the expiration, after the retiree dependent
attains 70 years of age, of any earlier, renewable military ID card or,
if earlier, upon the request of such a retiree dependent after
attaining age 70.</DELETED>
<DELETED> ``(b) Definitions.--In this section:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:</DELETED>
<DELETED>``1060b. Military ID cards: dependents and survivors of
retirees; issuance of permanent ID card
after attaining 70 years of age.''.
<DELETED> (b) Effective Date.--Section 1060b of title 10, United
States Code, as added by subsection (a), shall take effect on October
1, 2004.</DELETED>
<DELETED>SEC. 584. AUTHORITY TO PROVIDE CIVILIAN CLOTHING TO MEMBERS
TRAVELING IN CONNECTION WITH MEDICAL
EVACUATION.</DELETED>
<DELETED> (a) Authority.--Section 1047 of title 10, United States
Code, is amended--</DELETED>
<DELETED> (1) by inserting ``(b) Certain Enlisted Members.--
'' before ``The Secretary''; and</DELETED>
<DELETED> (2) by inserting after the section heading the
following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Effective Date.--Subsection (a) of section 1047 of
title 10, United States Code, as added by subsection (a) shall take
effect on October 1, 2004.</DELETED>
<DELETED>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.</DELETED>
<DELETED> (a) Operation Hero Miles.--Chapter 155 of title 10, United
States Code, is amended by adding at the end the following new
section:</DELETED>
<DELETED>``Sec. 2613. Acceptance of frequent traveler miles, credits,
and tickets; use to facilitate rest and recuperation
travel of deployed members and their families</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Use of Donated Travel Benefits.--A travel benefit
accepted under this section may be used only for the purpose of--
</DELETED>
<DELETED> ``(1) facilitating the travel of a member of the
armed forces who--</DELETED>
<DELETED> ``(A) is deployed on active duty away from
the permanent duty station of the member; and</DELETED>
<DELETED> ``(B) is granted, during such deployment,
rest and recuperative leave, emergency leave,
convalescent leave, or another form of leave authorized
for the member; or</DELETED>
<DELETED> ``(2) facilitating the travel of family members of
a member described in paragraph (1) in order to be reunited
with the member.</DELETED>
<DELETED> ``(e) Administration.--The Secretary shall designate a
single office in the Department of Defense to carry out this section.
That office shall be responsible for developing rules and procedures to
facilitate the acceptance and distribution of travel benefit under this
section.</DELETED>
<DELETED> ``(f) Status of Benefits Received.--A member of the armed
forces, or a family member of a member of the armed forces, who
receives a travel benefit under this section is deemed to recognize no
income from the receipt or use of such benefit. A donors of a travel
benefit under this section is deemed to obtain no tax benefit from such
donation.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the following
new item:</DELETED>
<DELETED>``2613. Acceptance of frequent traveler miles, credits, and
tickets; use to facilitate rest and
recuperation travel of deployed members and
their families.''.
<DELETED>SEC. 586. LIMITATION ON AMENDMENT OR CANCELLATION OF
DEPARTMENT OF DEFENSE DIRECTIVE RELATING TO REASONABLE
ACCESS TO MILITARY INSTALLATIONS FOR CERTAIN PERSONAL
COMMERCIAL SOLICITATION.</DELETED>
<DELETED> An amendment to Department of Defense Directive 1344.7,
``Personal Commercial Solicitation on DoD Installations'', or
cancellation of that directive, shall not take effect until after the
end of the one-year period beginning on the date on which a report
containing the results of the investigation regarding insurance premium
allotment processing, which is underway as of the date of the enactment
of this Act, is submitted to the Committee on Armed Services and the
Committee on Government Reform of the House of Representatives and the
Committee on Armed Services and the Committee on Governmental Affairs
of the Senate.</DELETED>
<DELETED>SEC. 587. ANNUAL IDENTIFICATION OF REASONS FOR DISCHARGES FROM
THE ARMED FORCES DURING PRECEDING FISCAL YEAR.</DELETED>
<DELETED> Not later than January 1 each year, 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.
Each such report shall show, in the aggregate and for each of those
Armed Forces, the following:</DELETED>
<DELETED> (1) The total number of persons discharged during
the preceding fiscal year.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 588. AUTHORITY FOR FEDERAL RECOGNITION OF NATIONAL GUARD
COMMISSIONED OFFICERS APPOINTED FROM FORMER COAST GUARD
PERSONNEL.</DELETED>
<DELETED> Section 305(a) of title 32, United States Code, is
amended--</DELETED>
<DELETED> (1) by striking ``Army, Navy, Air Force, or Marine
Corps'' in paragraphs (2), (3), and (4) and inserting ``armed
forces''; and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 589. STUDY OF BLENDED WING CONCEPT FOR THE AIR
FORCE.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 590. CONTINUATION OF IMPACT AID ASSISTANCE ON BEHALF OF
DEPENDENTS OF CERTAIN MEMBERS DESPITE CHANGE IN STATUS OF
MEMBER.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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 (7 U.S.C. 7713(5))), is not eligible to be
so counted.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>Subtitle J--Other Matters</DELETED>
<DELETED>SEC. 591. EMPLOYMENT PREFERENCES FOR SPOUSES OF CERTAIN
DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES SUBJECT TO
RELOCATION AGREEMENTS.</DELETED>
<DELETED> (a) Spouses of Certain Civilian Employees.--(1) Section
1784 of title 10, United States Code, is amended by adding at the end
the following new subsection:</DELETED>
<DELETED> ``(h) Inclusion of Spouses of Certain DOD Civilian
Employees Subject to Relocation Agreements.--(1) For the purposes of
this section, the spouse of a civilian employee described in paragraph
(2) shall be considered to be the spouse of a member of the armed
forces.</DELETED>
<DELETED> ``(2) An employee described in this paragraph is a
Department of Defense employee who, pursuant to a mandatory mobility
agreement executed as a condition of employment or pursuant to another
civilian mobility program of the Department of Defense, has had a
change of permanent duty assignment (A) that was based on the needs of
the Government, and (B) that required a relocation of the employee's
residence.''.</DELETED>
<DELETED> (b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:</DELETED>
<DELETED>``Sec. 1784. Employment opportunities: military spouses;
certain Department of Defense civilian spouses subject to
relocation agreements''.</DELETED>
<DELETED> (2) The item relating to such section in the table of
sections at the beginning of subchapter I of chapter 88 of such title
is amended to read as follows:</DELETED>
<DELETED>``1784. Employment opportunities: military spouses; certain
Department of Defense civilian spouses
subject to relocation agreements.''.
<DELETED> (c) Effective Date.--Subsection (h) of section 1784 of
title 10, United States Code, as added by subsection (a), shall apply
only with respect to spouses of employees described in paragraph (2) of
that subsection who relocate their residence as a result of a permanent
duty assignment specified in that paragraph that is effective on or
after the date of the enactment of this Act.</DELETED>
<DELETED>SEC. 592. REPEAL OF REQUIREMENT TO CONDUCT ELECTRONIC VOTING
DEMONSTRATION PROJECT FOR THE FEDERAL ELECTION TO BE HELD
IN NOVEMBER 2004.</DELETED>
<DELETED> Section 1604 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1277; 42 U.S.C. 1977ff
note) is repealed.</DELETED>
<DELETED>SEC. 593. 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (1) Victim care and advocacy programs.</DELETED>
<DELETED> (2) Effective prevention.</DELETED>
<DELETED> (3) Collaboration among military investigative
organizations with responsibility or jurisdiction.</DELETED>
<DELETED> (4) Coordination between military and civilian
communities, including local support organizations.</DELETED>
<DELETED> (5) Reporting procedures, data collection, and
tracking.</DELETED>
<DELETED> (6) Oversight of sexual assault
programs.</DELETED>
<DELETED> (7) Military justice issues.</DELETED>
<DELETED> (8) Other issues identified by the task force
relating to sexual assault.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) The report shall include the following:</DELETED>
<DELETED> (A) A description of any barrier to implementation
of improvements as a result of previous efforts to address
sexual assault.</DELETED>
<DELETED> (B) Other areas of concern not previously
addressed in prior reports</DELETED>
<DELETED> (C) The findings and conclusions of the task
force.</DELETED>
<DELETED> (D) Any recommendations for changes to policy and
law that the task force considers appropriate.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 594. RENEWAL OF PILOT PROGRAM FOR TREATING GED AND HOME
SCHOOL DIPLOMA RECIPIENTS AS HIGH SCHOOL GRADUATES FOR
DETERMINATIONS OF ELIGIBILITY FOR ENLISTMENT.</DELETED>
<DELETED> Section 571(e) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (10 U.S.C. 520 note) is amended
to read as follows:</DELETED>
<DELETED> ``(e) Duration of Pilot Program.--The pilot program shall
be in effect during the period beginning on October 1, 2004, and ending
on September 30, 2005.''.</DELETED>
<DELETED>SEC. 595. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND
DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.</DELETED>
<DELETED> (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, $50,000,000 shall be available only for the purpose of
providing educational agencies assistance to local educational
agencies.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (1) that agency's eligibility for the assistance;
and</DELETED>
<DELETED> (2) the amount of the assistance for which that
agency is eligible.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (d) Definitions.--In this section:</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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)).</DELETED>
<DELETED>SEC. 596. SENIOR RESERVE OFFICER TRAINING CORPS AND RECRUITER
ACCESS AT INSTITUTIONS OF HIGHER EDUCATION.</DELETED>
<DELETED> (a) Certification of Compliance With ROTC Access
Provisions.--Subsection (a) of section 983 of title 10, United States
Code, is amended--</DELETED>
<DELETED> (1) by inserting ``(1)'' before ``No
funds'';</DELETED>
<DELETED> (2) by striking ``prevents--'' and inserting
``prevents, either (or both) of the following:'';</DELETED>
<DELETED> (3) by striking ``(1) the'' and inserting ``(A)
The'';</DELETED>
<DELETED> (4) by striking ``; or'' and inserting a
period;</DELETED>
<DELETED> (5) by striking ``(2) a'' and inserting ``(B) A'';
and</DELETED>
<DELETED> (6) by adding at the end the following:</DELETED>
<DELETED> ``(2)(A) Not later than 180 days after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2005 and annually thereafter, the Secretary of Defense shall request
from each institution of higher education that has students
participating in a Senior Reserve Officer Training Corps program during
the then-current academic year of that institution a certification that
such institution, during the next academic year of the institution,
will--</DELETED>
<DELETED> ``(i) permit the Secretary of each military
department to maintain a unit of the Senior Officer Training
Corps (in accordance with subsection (a)) at that institution
(or any subelement of that institution), should such Secretary
elect to maintain such a unit; and</DELETED>
<DELETED> ``(ii) if the Secretary of the military department
concerned elects not to establish or maintain a unit of the
Senior Reserve Officer Training Corps at that institution,
permit a student of that institution (or any subelement of that
institution) to enroll in a unit of the Senior Reserve Officer
Training Corps at another institution of higher
education.</DELETED>
<DELETED> ``(B) Any certification under subparagraph (A) shall be
made by the president of the institution (or equivalent highest ranking
administrative official) and shall be submitted to the Secretary of
Defense no later than 90 days after receipt of the request from the
Secretary.</DELETED>
<DELETED> ``(C) In the case of any institution from which a
certification is requested under subparagraph (A), if the Secretary of
Defense does not receive a certification in accordance with
subparagraph (B), or if the certification does not state that the
university will comply with both clauses (i) and (ii) of subparagraph
(A) during its next academic year, the Secretary shall make a
determination under paragraph (1) as to whether the institution has a
policy or practice described in that paragraph.''.</DELETED>
<DELETED> (b) Equal Treatment of Military Recruiters With Other
Recruiters.--Subsection (b)(1) of such section is amended--</DELETED>
<DELETED> (1) by striking ``entry to campuses'' and
inserting ``access to campuses''; and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (c) Prohibition of Funding for Post-secondary Schools That
Prevent ROTC Access or Military Recruiting.--(1) Subsection (d) of such
section is amended--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) by striking ``limitation established
in subsection (a) applies'' and inserting ``limitations
established in subsections (a) and (b)
apply'';</DELETED>
<DELETED> (ii) in subparagraph (B), by inserting
``for any department or agency for which regular
appropriations are made'' after ``made available'';
and</DELETED>
<DELETED> (iii) by adding at the end the following
new subparagraphs:</DELETED>
<DELETED> ``(C) Any funds made available for the Department
of Homeland Security.</DELETED>
<DELETED> ``(D) Any funds made available for the National
Nuclear Security Administration of the Department of
Energy.</DELETED>
<DELETED> ``(E) Any funds made available for the Department
of Transportation.</DELETED>
<DELETED> ``(F) Any funds made available for the Central
Intelligence Agency.''; and</DELETED>
<DELETED> (B) by striking paragraph (2).</DELETED>
<DELETED> (2)(A) Subsection (b) of such section is amended by
striking ``subsection (d)(2)'' and inserting ``subsection
(d)(1)''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (d) Codification and Extension of Exclusion Of Amounts to
Cover Individual Payments.--Subsection (d) of such section, as amended
by subsection (c)(1), is further amended--</DELETED>
<DELETED> (1) by striking ``The'' after ``(1)'' and
inserting ``Except as provided in paragraph (2), the'';
and</DELETED>
<DELETED> (2) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (e) Conforming Amendments.--Subsections (a) and (b) of
such section are amended by striking ``(including a grant of funds to
be available for student aid)''.</DELETED>
<DELETED> (f) 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</DELETED>
<DELETED> (g) Effective Date.--The amendments made by this section
shall apply with respect to funds appropriated for fiscal year 2005 and
thereafter.</DELETED>
<DELETED>SEC. 597. REPORTS ON TRANSFORMATION MILESTONES.</DELETED>
<DELETED> (a) Military to Civilian Conversions.--Not later than
January 31, 2005, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report providing information as to the number of positions in the
Department of Defense converted during the previous fiscal year from
performance by military personnel to performance by civilian personnel.
The report shall include--</DELETED>
<DELETED> (1) a description of the skill set of the
positions converted;</DELETED>
<DELETED> (2) specification of the total cost of such
conversions and how that cost is being paid for; and</DELETED>
<DELETED> (3) the number of positions in the Department of
Defense projected for such conversion during the period from
March 1, 2005, to January 31, 2006.</DELETED>
<DELETED> (b) Civilian Skills Corps Feasibility Study.--(1) The
Secretary of Defense shall conduct an Armed Forces-wide study of how a
system to embed certain civilian expertise skill sets within the
military on a temporary basis could be implemented. The study shall
include consideration of all skills sets in which, as determined by the
Secretary of Defense, there is a significant shortfall within the Armed
Forces or which are high value, but of uncertain need. The study shall
examine the feasibility of implementing a personnel system that expands
the capability of the Armed Forces to rapidly access civilian
volunteers with needed expertise outside of the reserve
components.</DELETED>
<DELETED> (2) The Secretary shall submit to the congressional
defense committees a report on the results of the study under paragraph
(1) not later than March 31, 2005.</DELETED>
<DELETED> (c) Military-to-Military Conversions.--Not later than
March 31 of each of 2005, 2006, and 2007, the Secretary of Defense
shall submit to the congressional defense committees a report on the
milestones within the multiyear transformation for internal military-
to-military transitions. Each such report shall include--</DELETED>
<DELETED> (1) the number of units and personnel transferred
and retrained within the previous fiscal year and what their
new unit designations are; and</DELETED>
<DELETED> (2) a description of the transformation goals for
the upcoming fiscal year and whether the previous years goals
were met and why or why not.</DELETED>
<DELETED> (d) Transformation to Brigade Structure for the Army.--No
later than March 31 of each year, the Secretary of Defense shall submit
to the congressional defense committees a report on the status of the
internal transformation of the Army from a division-orientated system
to a brigade-orientated one. Such a report shall be submitted for each
year until the Secretary of the Army certifies to those committees that
the transformation of the Army to brigade level units has been
completed.</DELETED>
<DELETED>SEC. 598. DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON
PREVENTION AND RESPONSE TO SEXUAL ASSAULTS INVOLVING
MEMBERS OF THE ARMED FORCES.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Elements of Comprehensive Policy.--The policy
developed under subsection (a) shall address the following
matters:</DELETED>
<DELETED> (1) Prevention measures.</DELETED>
<DELETED> (2) Education and training on prevention and
response.</DELETED>
<DELETED> (3) Investigation of complaints by command and law
enforcement personnel.</DELETED>
<DELETED> (4) Medical treatment of victims.</DELETED>
<DELETED> (5) Confidential reporting of incidents.</DELETED>
<DELETED> (6) Victim advocacy and intervention.</DELETED>
<DELETED> (7) Oversight by commanders of administrative and
disciplinary actions in response to substantiated incidents of
sexual assault.</DELETED>
<DELETED> (8) Disposition of victims of sexual assault,
including review by appropriate authority of administrative
separation actions involving victims of sexual
assault.</DELETED>
<DELETED> (9) Disposition of members of the Armed Forces
accused of sexual assault.</DELETED>
<DELETED> (10) Liaison and collaboration with civilian
agencies on the provision of services to victims of sexual
assault.</DELETED>
<DELETED> (11) Uniform collection of data on the incidence
of sexual assaults and on disciplinary actions taken in
substantiated cases of sexual assault.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Application of Comprehensive Policy To Military
Departments.--The Secretary shall ensure that, to the maximum extent
practicable, the policy developed under subsection (a) is implemented
uniformly by the military departments.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) to conform such policies and procedures to the
policy developed under subsection (a); and</DELETED>
<DELETED> (B) to ensure that such policies and procedures
include the elements specified in paragraph (2).</DELETED>
<DELETED> (2) The elements specified in this paragraph are as
follows:</DELETED>
<DELETED> (A) A program to promote awareness of the
incidence of sexual assaults involving members of the Armed
Forces.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (i) specification of the person or persons
to whom the alleged offense should be
reported;</DELETED>
<DELETED> (ii) specification of any other person
whom the victim should contact;</DELETED>
<DELETED> (iii) procedures for the preservation of
evidence; and</DELETED>
<DELETED> (iv) procedures for confidential reporting
and for contacting victim advocates.</DELETED>
<DELETED> (D) Procedures for disciplinary action in cases of
sexual assault by members of the Armed Force
concerned.</DELETED>
<DELETED> (E) Other sanctions authorized to be imposed in
substantiated cases of sexual assault, whether forcible or
nonforcible, by members of the Armed Force concerned.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (G) Any other matters that the Secretary of
Defense considers appropriate.</DELETED>
<DELETED> (f) Annual Assessment of Policies and Procedures.--Not
later than January 15, 2006, and each year thereafter, each Secretary
of a military department shall conduct an assessment of the
implementation during the preceding fiscal year of the policies and
procedures of such department on the prevention of and response to
sexual assaults involving members of the Armed Forces in order to
determine the effectiveness of such policies and procedures during such
fiscal year in providing an appropriate response to such sexual
assaults.</DELETED>
<DELETED> (g) Annual Reports.--(1) Not later than April 1, 2005, and
January 15 of each year thereafter, each Secretary of a military
department shall submit to the Secretary of Defense a report on the
sexual assaults involving members of the Armed Force concerned during
the preceding year.</DELETED>
<DELETED> (2) Each report on an Armed Force under paragraph (1)
shall contain the following:</DELETED>
<DELETED> (A) The number of sexual assaults against members
of the Armed Force, and the number of sexual assaults by
members of the Armed Force, that were reported to military
officials during the year covered by such report, and the
number of the cases so reported cases that were
substantiated.</DELETED>
<DELETED> (B) A synopsis of and the disciplinary action
taken in each substantiated case.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Each report under paragraph (1) in 2006, 2007, and
2008 shall also include the assessment conducted by the Secretary
concerned under subsection (f).</DELETED>
<DELETED> (4) The Secretary of Defense shall transmit to the
Committees on Armed Services of the Senate and the House of
Representatives each report submitted to the Secretary under this
subsection, together with the comments of the Secretary on each such
report. The Secretary shall transmit the report on 2004 not later than
May 1, 2005, and shall transmit the report on any year after 2004 not
later than March 15 of the year following such year.</DELETED>
<DELETED> (h) Requirement to Develop Definition of Sexual Assault.--
Prior to developing policies and programs on the prevention of and
response to sexual assaults, the Department of Defense, in consultation
with the Service Secretaries, shall develop a definition of sexual
assault that is uniform for all the Armed Forces, including but not
limited to rape, acquaintance rape, sexual assault, and other criminal
offenses.</DELETED>
<DELETED>SEC. 599. AUTHORITY FOR REMOVAL OF REMAINS OF CERTAIN PERSONS
INTERRED IN UNITED STATES MILITARY CEMETERIES
OVERSEAS.</DELETED>
<DELETED> (a) Removal and Transportation of Remains.--Upon receipt
from a qualifying survivor of an application with respect to a person
interred in a United States overseas military cemetery, the Secretary
of Defense may, upon approval of such application, provide for--
</DELETED>
<DELETED> (1) the removal of the remains of that person from
the cemetery in which interred; and</DELETED>
<DELETED> (2) transportation of such remains to a location
in the United States selected by such qualifying
survivor.</DELETED>
<DELETED> (b) Requirement for Approval of Applications.--(1) An
application under this section may be approved only if the application
presents sufficient evidence that, at the time of the initial
disposition decision (as defined in paragraph (2)), there was a
misunderstanding or error related to that disposition decision that the
Secretary finds warrants approval of the application.</DELETED>
<DELETED> (2) In paragraph (1), 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 person with respect to
whom the application is submitted, 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).</DELETED>
<DELETED> (c) ABMC Assistance.--The American Battle Monuments
Commission shall provide the Secretary of Defense with such assistance
as the Secretary may require in carrying out this section with respect
to cemeteries under the jurisdiction of the Commission.</DELETED>
<DELETED> (d) Time for Application.--An application under subsection
(a) must be submitted to the Secretary of Defense not later than the
end of the two-year period beginning on the date of the enactment of
this Act.</DELETED>
<DELETED> (e) No Expenditure of Federal Funds.--No costs associated
with the removal and transportation of remains provided for under
subsection (a) may be paid by the United States.</DELETED>
<DELETED> (f) Definitions.--For purposes of this section:</DELETED>
<DELETED> (1) United states overseas military cemetery.--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.</DELETED>
<DELETED> (2) Qualifying survivors.--The term ``qualifying
survivor'' means the following, in the order
specified.</DELETED>
<DELETED> (A) The surviving spouse.</DELETED>
<DELETED> (B) All surviving children (including
adoptive children), acting concurrently.</DELETED>
<DELETED> (C) A birth parent or, if both survive,
both birth parents, acting concurrently.</DELETED>
<DELETED>TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS</DELETED>
<DELETED>Subtitle A--Pay and Allowances</DELETED>
<DELETED>SECTION 601. INCREASE IN BASIC PAY FOR FISCAL YEAR
2005.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 602. AUTHORITY TO PROVIDE FAMILY SEPARATION BASIC
ALLOWANCE FOR HOUSING.</DELETED>
<DELETED> Section 403(d) of title 37, United States Code, is
amended--</DELETED>
<DELETED> (1) in paragraph (1), by striking ``is entitled
to'' and inserting ``may be paid''; and</DELETED>
<DELETED> (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.''</DELETED>
<DELETED>SEC. 603. GEOGRAPHIC BASIS FOR BASIC ALLOWANCE FOR HOUSING
DURING SHORT CHANGES OF STATION FOR PROFESSIONAL MILITARY
EDUCATION OR TRAINING.</DELETED>
<DELETED> Section 403(d)(3) of title 37, United States Code, is
amended by adding at the end the following new subparagraph:</DELETED>
<DELETED> ``(C) If the member is reassigned for a permanent
change of station or permanent change of assignment from a duty
station in the continental United States to another duty
station in the continental United States for a period of not
more than one year for the purpose of participating in
professional military education or training classes, the
Secretary concerned may base the amount of the basic allowance
for housing for the member on the duty station to which the
member is reassigned or the area in which the dependents
reside, whichever the Secretary concerned determines to be most
equitable.''.</DELETED>
<DELETED>SEC. 604. IMMEDIATE LUMP-SUM REIMBURSEMENT FOR UNUSUAL
NONRECURRING EXPENSES INCURRED BY MEMBERS SERVING OUTSIDE
CONTINENTAL UNITED STATES.</DELETED>
<DELETED> (a) Eligibility for Reimbursement.--Section 405 of title
37, United States Code, is amended by adding at the end the following
new subsection:</DELETED>
<DELETED> ``(d) Lump-Sum Reimbursement for Nonrecurring Expenses.--
In addition to providing a per diem under this section, the Secretary
concerned may reimburse a member for actual expenses of a nonrecurring
nature that the member incurs incident to serving on duty outside of
the continental United States. The types of expenses for which
reimbursement may be provided under this paragraph shall be limited to
those expenses directly related to the conditions or location of the
duty outside of the continental United States and either of a nature or
a magnitude not normally incurred by members assigned to duty inside
the continental United States. In determining the per diem to be paid
under this section, the Secretary concerned shall not consider expenses
for which reimbursement is provided under this paragraph.''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (2) The heading of such section is amended to read as
follows:</DELETED>
<DELETED>``Sec. 405. Travel and transportation allowances: per diem
while on duty outside the continental United
States''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``405. Travel and transportation allowances: per diem while on
duty outside the continental United
States.''.
<DELETED>SEC. 605. INCOME REPLACEMENT PAYMENTS FOR RESERVES
EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION FOR
ACTIVE DUTY SERVICE.</DELETED>
<DELETED> (a) In General.--(1) Chapter 19 of title 37, United States
Code, is amended by adding at the end the following new
section:</DELETED>
<DELETED>``Sec. 910. Replacement of lost income: involuntarily
mobilized reserve component members subject to extended
and frequent active duty service</DELETED>
<DELETED> ``(a) Payment Required.--The Secretary concerned shall pay
to an eligible member of a reserve component of the armed forces an
amount equal to the monthly active-duty income differential of the
member, as determined by the Secretary. The payments shall be made on a
monthly basis.</DELETED>
<DELETED> ``(b) Eligibility.--Subject to subsection (c), a reserve
component member is entitled to a payment under this section for any
full month of active duty of the member, while on active duty under an
involuntary mobilization order, following the date on which the
member--</DELETED>
<DELETED> ``(1) completes 12 continuous months of service on
active duty under such an order;</DELETED>
<DELETED> ``(2) completes 18 months on active duty during
the previous 60 months under such an order; or</DELETED>
<DELETED> ``(3) is involuntarily mobilized for service on
active duty six months or less following the member's
separation from the member's previous period of active
duty.</DELETED>
<DELETED> ``(c) Minimum and Maximum Payment Amounts.--(1) A payment
under this section shall be made to a member for a month only if the
amount of the monthly active-duty income differential for the month is
greater than $50.</DELETED>
<DELETED> ``(2) Notwithstanding the amount determined under
subsection (d) for a member for a month, the monthly payment to a
member under this section may not exceed $3,000.</DELETED>
<DELETED> ``(d) Monthly Active-Duty Income Differential.--For
purposes of this section, the monthly active-duty income differential
of a member is the difference between--</DELETED>
<DELETED> ``(1) the average monthly civilian income of the
member; and</DELETED>
<DELETED> ``(2) the member's total monthly military
compensation.</DELETED>
<DELETED> ``(e) Definitions.--In this section:</DELETED>
<DELETED> ``(1) The term `average monthly civilian income',
with respect to a member of a reserve component, means the
amount, determined by the Secretary concerned, of the earned
income of the member for either the 12 months preceding the
member's mobilization or the 12 months covered by the member's
most recent Federal income tax filing, divided by 12.</DELETED>
<DELETED> ``(2) The term `total monthly military
compensation' means the amount, computed on a monthly basis, of
the sum of--</DELETED>
<DELETED> ``(A) the amount of the regular military
compensation (RMC) of the member; and</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:</DELETED>
<DELETED>``910. Replacement of lost income: involuntarily mobilized
reserve component members subject to
extended and frequent active duty
service.''.
<DELETED> (b) Effective Date.--Section 910 of title 37, United
States Code, as added by subsection (a), shall apply for months after
December 2004.</DELETED>
<DELETED>SEC. 606. AUTHORITY FOR CERTAIN MEMBERS DEPLOYED IN COMBAT
ZONES TO RECEIVE LIMITED ADVANCES ON THEIR FUTURE BASIC
PAY.</DELETED>
<DELETED> (a) Advancement of Basic Pay.--(1) Chapter 3 of title 37,
United States Code, is amended by adding at the end the following new
section:</DELETED>
<DELETED>``Sec. 212. Advancement of basic pay: members deployed in
combat zones for more than one year</DELETED>
<DELETED> ``(a) Eligibility; Amount Advanced.--(1) 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 otherwise 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.</DELETED>
<DELETED> ``(2) A request by a member described in paragraph (1) for
the advanced payment of a single month of basic pay shall be granted.
The Secretary concerned may grant a request for a second or third month
of advanced basic pay during the assignment for the member upon a
showing of financial hardship.</DELETED>
<DELETED> ``(b) 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 (c). 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 an advance made to the member under this section.</DELETED>
<DELETED> ``(c) Commencement of Recoupment.--(1) Except as provided
in paragraph (2), the recoupment of basic pay advanced to a member
under this section shall commence beginning with the first month that
begins after the end of the assignment of the member to duty in an area
for which special pay under section 310 of this title is
available</DELETED>
<DELETED> ``(2) A member of a reserve component who receives an
advancement of basic pay under this section shall commence repayment of
the advance beginning with the first month that begins after the the
advanced pay is received.''.</DELETED>
<DELETED> (2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:</DELETED>
<DELETED>``212. Advancement of basic pay: members deployed in combat
zones for more than one year.''.
<DELETED> (b) Effective Date.--Section 212 of title 37, United
States Code, as added by subsection (a), shall take effect October 1,
2004.</DELETED>
<DELETED>Subtitle B--Bonuses and Special and Incentive Pays</DELETED>
<DELETED>SEC. 611. ONE-YEAR EXTENSION OF BONUS AND SPECIAL PAY
AUTHORITIES.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (c) 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''.</DELETED>
<DELETED> (d) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of such title is amended by striking ``December 31, 2004''
and inserting ``December 31, 2005''.</DELETED>
<DELETED> (e) 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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (h) Reenlistment Bonus for Active and Reserve Members.--
Section 308(g) of such title is amended by striking ``December 31,
2004'' and inserting ``December 31, 2005''.</DELETED>
<DELETED> (i) Enlistment Bonus for Active and Reserve Members.--
Section 309(e) of such title is amended by striking ``December 31,
2004'' and inserting ``December 31, 2005''.</DELETED>
<DELETED> (j) Special Pay for Nuclear-Qualified Officers Extending
Period of Active Service.--Section 312(e) of such title is amended by
striking ``December 31, 2004'' and inserting ``December 31,
2005''.</DELETED>
<DELETED> (k) Nuclear Career Accession Bonus.--Section 312b(c) of
such title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.</DELETED>
<DELETED> (l) Nuclear Career Annual Incentive Bonus.--Section
312c(d) of such title is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2005''.</DELETED>
<DELETED> (m) Retention Bonus for Members Who Have Critical Military
Skills or Meet Other Criteria.--Section 323(i) of such title is amended
by striking ``December 31, 2004'' and inserting ``December 31,
2005''.</DELETED>
<DELETED> (n) Accession or Affiliation 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''.</DELETED>
<DELETED>SEC. 612. REDUCTION IN REQUIRED SERVICE COMMITMENT TO RECEIVE
ACCESSION BONUS FOR REGISTERED NURSES.</DELETED>
<DELETED> (a) Reduction.--Section 302d(a)(1) of title 37, United
States Code, is amended by striking ``four years'' and inserting
``three years''.</DELETED>
<DELETED> (b) Effective Date.--The amendment made by subsection (a)
shall take effect October 1, 2004, and apply with respect to written
agreements referred to in section 302d(a)(1) of title 37, United States
Code, entered into on or after that date.</DELETED>
<DELETED>SEC. 613. INCREASE IN MAXIMUM MONTHLY RATE AUTHORIZED FOR
HARDSHIP DUTY PAY.</DELETED>
<DELETED> (a) Increase.--Section 305(a) of title 37, United States
Code, is amended by striking ``$300'' and inserting ``$750''.</DELETED>
<DELETED> (b) Effective Date.--The amendment made by subsection (a)
shall take effect October 1, 2004.</DELETED>
<DELETED>SEC. 614. TERMINATION OF ASSIGNMENT INCENTIVE PAY FOR MEMBERS
PLACED ON TERMINAL LEAVE.</DELETED>
<DELETED> (a) Termination.--Subsection (e) of section 307a of title
37, United States Code, is amended to read as follows:</DELETED>
<DELETED> ``(e) Status not Affected by Temporary Duty or Leave.--The
service of a member in an assignment referred to in subsection (a)
shall not be considered discontinued during any period that the member
is not performing service in the assignment by reason of --</DELETED>
<DELETED> ``(1) the performance by the member of temporary
duty pursuant to orders; or</DELETED>
<DELETED> ``(2) the absence of the member for authorized
leave, unless the member is placed on terminal leave and will
not be returning to the assignment.''.</DELETED>
<DELETED> (b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to agreements under section 307a(b) of title
37, United States Code, entered into on or after the date of the
enactment of this Act.</DELETED>
<DELETED>SEC. 615. CONSOLIDATION OF REENLISTMENT AND ENLISTMENT BONUS
AUTHORITIES FOR REGULAR AND RESERVE COMPONENTS.</DELETED>
<DELETED> (a) Consolidated Reenlistment Bonus Authority; Eligibility
Criteria.--(1) Paragraph (1) of subsection (a) of section 308 of title
37, United States Code, is amended--</DELETED>
<DELETED> (A) by striking the matter preceding subparagraph
(A) and inserting ``The Secretary concerned may pay a bonus
under paragraph (2) to a member of the armed forces serving in
a regular component or reserve component of the armed force if
the member--'';</DELETED>
<DELETED> (B) by striking subparagraph (A) and inserting the
following new subparagraph:</DELETED>
<DELETED> ``(A) has completed at least 17 months of service
in a regular or reserve component of the armed forces, but not
more than 18 years of total military service;''; and</DELETED>
<DELETED> (C) by striking subparagraph (D) and all that
follows through the period at the end of such paragraph and
inserting the following:</DELETED>
<DELETED> ``(D) reenlists or voluntarily extends the
member's enlistment for a period of at least three years in a
regular component or reserve component of the armed
forces.''.</DELETED>
<DELETED> (2) Paragraph (3) of such subsection is amended by
striking ``16 years'' and inserting ``20 years''.</DELETED>
<DELETED> (3) Paragraph (5) of such subsection is amended to read as
follows:</DELETED>
<DELETED> ``(5) 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, may waive all or part of the
eligibility requirements specified in paragraph (1) in time of war or
national emergency.''.</DELETED>
<DELETED> (4) Subsection (b) of such section is amended--</DELETED>
<DELETED> (A) by inserting ``(1)'' after ``(b)'';
and</DELETED>
<DELETED> (B) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(2) Notwithstanding the schedule established for making
partial bonus payments under paragraph (1), a member of a reserve
component 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.''.</DELETED>
<DELETED> (5) Subsection (g) of such section is amended by striking
``an active-duty reenlistment'' and inserting ``a
reenlistment''.</DELETED>
<DELETED> (b) Consolidated Enlistment Bonus Authority.--Section
309(a) of such title is amended--</DELETED>
<DELETED> (1) by striking the first sentence and inserting
the following: ``(1) The Secretary concerned may pay a bonus
this section to a person who enlists in a regular component or
reserve component of the armed forces for a period of at least
two years.''; and</DELETED>
<DELETED> (2) by inserting after the first sentence, as so
amended, the following new paragraph:</DELETED>
<DELETED> ``(2) The amount of a bonus under this section may not
exceed $20,000.''.</DELETED>
<DELETED> (c) Repeal of Separate Reenlistment and Enlistment Bonus
Authority for Reserve Components.--(1) Sections 308b, 308c, 308g, 308h,
and 308i of such title are repealed.</DELETED>
<DELETED> (2) The table of sections at the beginning of chapter 5 of
such title is amended by striking the items relating to sections 308b,
308c, 308h, and 308i.</DELETED>
<DELETED> (d) Effective Date.----(1) Except as provided by
paragraphs (2) and (3), the amendments made by this section shall take
effect October 1, 2004, and the amendments made by subsections (a) and
(b) shall apply to reenlistments, the voluntary extension of
enlistments, and enlistments referred to in section 308(a)(1) or 309(a)
of title 37, United States Code, entered into on or after that
date.</DELETED>
<DELETED> (2) The amendments made by subsection (c) shall take
effect December 31, 2004, except that the repeal of section 308g of
title 37, United States Code, shall take effect on the date of the
enactment of this Act.</DELETED>
<DELETED> (3) In the case of a member of the Armed Forces who, on or
before December 31, 2004, reenlisted, voluntarily extended the
enlistment of the member, or enlisted in a reserve component of the
Armed Forces, section 308b, 308c, 308h, or 308i of title 37, United
States Code, whichever applies to the member, and as in effect on
December 31, 2004, shall continue to apply with respect to the payment
of a bonus under such section to the member.</DELETED>
<DELETED> (e) Limitation on Fiscal Year 2005 Obligations.--During
fiscal year 2005, obligations incurred under sections 308 and 309 of
title 37, United States Code, to provide reenlistment and enlistment
bonuses to members of the uniformed services using the expanded
authority provided by the amendments made by subsections (a) and (b)
may not exceed $20,000,000. The bonus authority available under such
sections shall not be considered to be an expanded authority to the
extent that the authority was available under a provision of law
specified in subsection (c), before the repeal of the provision by such
subsection.</DELETED>
<DELETED>SEC. 616. REVISION OF AUTHORITY TO PROVIDE FOREIGN LANGUAGE
PROFICIENCY PAY.</DELETED>
<DELETED> (a) In General.--(1) Section 316 of title 37, United
States Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 316. Special pay: bonus for members with foreign
language proficiency</DELETED>
<DELETED> ``(a) Bonus Authorized.--The Secretary concerned may pay
an annual bonus under this section to a member of the uniformed
services who--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(2) received training, under regulations
prescribed by the Secretary concerned, designed to develop a
proficiency in such a foreign language;</DELETED>
<DELETED> ``(3) is assigned to duties requiring a
proficiency in such a foreign language; or</DELETED>
<DELETED> ``(4) is proficient in a foreign language for
which the uniformed service may have a critical need, as
determined by the Secretary concerned.</DELETED>
<DELETED> ``(b) Certification of Proficiency.--Except as provided in
subsection (e), for a member described in subsection (a) to be eligible
to receive or retain a bonus under this section, the Secretary
concerned shall certify the member as being proficient in the foreign
language for which bonus is offered.</DELETED>
<DELETED> ``(c) Duration of Certification.--Except as provided in
subsection (e), the certification of a member as being proficient in a
foreign language for purposes of receipt of a bonus under this section
shall expire at the end of the 12-month period beginning on the first
day of the first month beginning on or after the certification
date.</DELETED>
<DELETED> ``(d) Bonus Amount; Payment Method.--The maximum amount of
the bonus paid under this section to a member may not exceed $12,000
for the 12-month 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.</DELETED>
<DELETED> ``(e) Certification Interrupted by Contingency
Operation.--(1) The Secretary concerned may waive the certification
requirement under subsection (b) and pay a bonus under this section to
a member described in subsection (a) who was previously certified in a
foreign language, but whose certification expired under subsection (c),
if--</DELETED>
<DELETED> ``(A) the member is assigned to duty in connection
with a contingency operation; and</DELETED>
<DELETED> ``(B) the Secretary concerned determines that the
member is unable to schedule or complete the certification
required by subsection (b) because of that
assignment.</DELETED>
<DELETED> ``(2) For purposes of determining the amount of a bonus to
be paid to a member under the authority of this subsection, the
Secretary concerned shall 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 expires during such duty assignment, the Secretary shall
commence the next 12-month period effective as of the date on which the
prior certification period expired.</DELETED>
<DELETED> ``(3) A member who receives a bonus under the authority of
this subsection shall complete the certification required by subsection
(b) for the foreign language for which the 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). If the member fails to obtain the required certification before
the end of the authorized period, the Secretary concerned may require
the member to repay all or a portion of the bonus, in the manner
provided in subsection (g).</DELETED>
<DELETED> ``(f) Relationship to Other Pay or Allowance.--A bonus
under this section is in addition to any other pay or allowance payable
to a member under any other provision of law.</DELETED>
<DELETED> ``(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 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.</DELETED>
<DELETED> ``(2) 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 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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``316. Special pay: bonus for members with foreign language
proficiency.''.
<DELETED> (b) Conforming Amendments.--(1) Section 316a of title 37,
United States Code, is repealed.</DELETED>
<DELETED> (2) The table of sections at the beginning of chapter 5 of
such title is amended by striking the item relating to section
316a.</DELETED>
<DELETED>SEC. 617. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR
CRITICAL SKILLS RETENTION BONUS AND EXPANSION OF
AUTHORITY TO PROVIDE BONUS.</DELETED>
<DELETED> (a) Inclusion of Reserve Component Members.--Section 323
of title 37, United States Code, is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in the matter preceding paragraph (1),
by striking ``who is serving on active duty and'' by
inserting ``who is serving on active duty in a regular
component or in an active status in a reserve component
and who''; and</DELETED>
<DELETED> (B) in paragraph (1), by inserting ``, or
remain in an active status in a reserve component,''
after ``remain on active duty'';</DELETED>
<DELETED> (2) in subsection (e)(2), by inserting ``or
service in a reserve component'' after ``period of active
duty''; and</DELETED>
<DELETED> (3) in subsection (g), by striking ``active duty''
and inserting ``service''.</DELETED>
<DELETED> (b) Inclusion of Members Serving Pursuant to Indefinite
Reenlistment.--Subsection (a) of such section is further amended--
</DELETED>
<DELETED> (1) by striking ``or'' at the end of paragraph
(1);</DELETED>
<DELETED> (2) in paragraph (2)--</DELETED>
<DELETED> (A) by inserting ``other than an enlisted
member referred to in paragraph (3),'' after ``enlisted
member,''; and</DELETED>
<DELETED> (B) by striking the period at the end and
inserting ``; or''; and</DELETED>
<DELETED> (3) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(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, or remain in an
active status in a reserve component, for a period of at least
one year.''.</DELETED>
<DELETED> (c) Additional Criteria for Bonus.--Such section is
further amended--</DELETED>
<DELETED> (1) in subsection (a), by striking ``designated
critical military skill'' and inserting ``critical military
skill designated under subsection (b) or satisfies such other
criteria for the bonus established under such
subsection'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) by striking ``Designation of Critical
Skills.--'' and inserting ``Basis for Bonus.--(1)'';
and</DELETED>
<DELETED> (B) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(2) 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, may establish such other criteria
as the Secretary considers appropriate under which a retention bonus
will be provided to an officer or enlisted member of the armed forces
under subsection (a).''; and</DELETED>
<DELETED> (3) in subsection (h)(1), by striking ``qualified
in the critical military skills for which the bonuses were
offered'' and inserting ``who were offered the
bonuses''.</DELETED>
<DELETED> (d) Repeal of Separate Special and Incentive Pay
Authorities for Reserve Components.--(1) Sections 302g, 308d, and 308e
of such title are repealed.</DELETED>
<DELETED> (2) In the case of a member of the Armed Forces who, on or
before December 31, 2004, entered into a written agreement under
section 302g or 308e of title 37, United States Code, such section 302g
or 308e, whichever applies to the member, and as in effect on December
31, 2004, shall continue to apply after that date with respect to the
payment of special pay under such section to the member during the term
of the agreement.</DELETED>
<DELETED> (e) Clerical Amendments.--(1) The heading of section 323
of such title is amended to read as follows:</DELETED>
<DELETED>``Sec. 323 Special pay: retention incentives for members
qualified in a critical military skill or who satisfy
other eligibility criteria''.</DELETED>
<DELETED> (2) The table of sections at the beginning of chapter 5 of
such title is amended--</DELETED>
<DELETED> (A) by striking the items relating to sections
302g, 308d, and 308e; and</DELETED>
<DELETED> (B) by striking the item relating to section 323
and inserting the following new item:</DELETED>
<DELETED>``323. Special pay: retention incentives for members qualified
in a critical military skill or who satisfy
other eligibility criteria.''.
<DELETED> (f) Effective Date.--(1) Except as provided by paragraph
(2), the amendments made by this section shall take effect October 1,
2004, and the amendments made by subsections (a), (b), and (c) shall
apply to agreements, reenlistments, and the voluntary extension of
enlistments referred to in section 323(a) of title 37, United States
Code, entered into on or after that date.</DELETED>
<DELETED> (2) The amendments made by subsections (d)(1) and
(e)(2)(A) shall take effect December 31, 2004.</DELETED>
<DELETED> (g) Limitation on Fiscal Year 2005 Obligations.--During
fiscal year 2005, obligations incurred under section 323 of title 37,
United States Code, to provide retention bonuses to members of the
uniformed services using the expanded authority provided by the
amendments made by subsections (a), (b), and (c) may not exceed
$10,000,000. The bonus authority available under such section shall not
be considered to be an expanded authority to the extent that the
authority was available under a provision of law specified in
subsection (d), before the repeal of the provision by such
subsection.</DELETED>
<DELETED>SEC. 618. ELIGIBILITY OF NEW RESERVE COMPONENT OFFICERS FOR
ACCESSION OR AFFILIATION BONUS FOR OFFICERS IN CRITICAL
SKILLS.</DELETED>
<DELETED> (a) Eligibility.--Subsection (a) of section 324 of title
37, United States Code, is amended to read as follows:</DELETED>
<DELETED> ``(a) Bonus Authorized.--(1) The Secretary concerned may
pay a bonus under this section--</DELETED>
<DELETED> ``(A) to a person who executes a written agreement
to accept a commission or an appointment as an officer of armed
forces and serve on active duty in a designated critical
officer skill or serve in a reserve component of an armed force
in a designated critical officer skill; or</DELETED>
<DELETED> ``(B) to an officer of an armed force, including a
warrant officer, but excluding an officer who has previously
served in the Selected Reserve or an officer who is entitled to
retired pay, who executes a written agreement to serve in a
reserve component of an armed force in a designated critical
officer skill after being discharged or released from active
duty under honorable conditions, once the officer affiliates
with a unit or position in the reserve component.</DELETED>
<DELETED> ``(2) The written agreement under paragraph (1) between
the Secretary concerned and a person or officer shall specify the
period during which the person or officer will be required to serve in
a designated critical officer skill to maintain entitlement to the
bonus payment.''.</DELETED>
<DELETED> (b) Amount of Bonus.--Subsection (c) of such section is
amended to read as follows:</DELETED>
<DELETED> ``(c) Amount of Bonus.--The Secretary concerned shall
determine the amount of a bonus to be paid under subsection (a), except
that a person may not receive a total of more than $60,000 in payments
under this section''.</DELETED>
<DELETED> (c) Conforming Amendments.--Such section is further
amended--</DELETED>
<DELETED> (1) in subsection (d), by striking ``accession''
both places it appears;</DELETED>
<DELETED> (2) in subsection (e)--</DELETED>
<DELETED> (A) in the subsection heading, by striking
``Accession''; and</DELETED>
<DELETED> (B) by striking ``an accession bonus'' and
inserting ``a bonus''; and</DELETED>
<DELETED> (3) in subsection (f), by striking ``active duty''
and ``accession'' each place it appears.</DELETED>
<DELETED> (d) Clerical Amendments.--(1) The heading of section 324
of such title is amended to read as follows:</DELETED>
<DELETED>``Sec. 324. Special pay: accession or affiliation bonus for
officers in designated critical skills''.</DELETED>
<DELETED> (2) The table of sections at the beginning of chapter 5 of
such title is amended by striking the item relating to section 324 and
inserting the following new item:</DELETED>
<DELETED>``324. Special pay: accession or affiliation bonus for
officers in designated critical skills.''.
<DELETED> (e) Effective Date.--The amendments made by this section
shall take effect October 1, 2004, and apply to agreements referred to
in section 324(a) of title 37, United States Code entered into on or
after that date.</DELETED>
<DELETED> (f) Limitation on Fiscal Year 2005 Obligations.--During
fiscal year 2005, obligations incurred under section 324 of title 37,
United States Code, as amended by subsections (a) and (b), to provide
accession and affilliation bonuses to members of the Armed Forces not
previously eligible for such a bonus under such section may not exceed
$5,000,000.</DELETED>
<DELETED>SEC. 619. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR
INCENTIVE BONUS FOR CONVERSION TO MILITARY OCCUPATIONAL
SPECIALTY TO EASE PERSONNEL SHORTAGE.</DELETED>
<DELETED> (a) Eligibility.--Section 326 of title 37, United States
Code, is amended--</DELETED>
<DELETED> (1) in subsection (a), by inserting ``of a regular
or reserve component'' after ``an eligible member'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) by striking ``if--'' and all that
follows through ``at the time'' and inserting ``if, at
the time''; and</DELETED>
<DELETED> (B) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively;
and</DELETED>
<DELETED> (3) in subsection (c)(2), by inserting ``regular
or reserve component of the'' after ``chief personnel officer
of the''.</DELETED>
<DELETED> (b) Effective Date.--The amendments made by this section
shall take effect October 1, 2004, and apply to agreements referred to
in section 326(a) of title 37, United States Code, entered into on or
after that date.</DELETED>
<DELETED> (c) Limitation on Fiscal Year 2005 Obligations.--During
fiscal year 2005, obligations incurred under section 326 of title 37,
United States Code, as amended by subsection (a), to provide incentive
bonuses to members of a reserve component of the Armed Forces may not
exceed $3,000,000.</DELETED>
<DELETED>SEC. 620. AVAILABILITY OF HAZARDOUS DUTY INCENTIVE PAY FOR
MILITARY FIREFIGHTERS.</DELETED>
<DELETED> (a) Additional Type of Duty Entitled to Pay.--Subsection
(a) of section 301 of title 37, United States Code, is amended--
</DELETED>
<DELETED> (1) by striking ``or'' at the end of paragraph
(12);</DELETED>
<DELETED> (2) by redesignating paragraph (13) as paragraph
(14); and</DELETED>
<DELETED> (3) by inserting after paragraph (12) the
following new paragraph:</DELETED>
<DELETED> ``(13) involving regular participating as a
firefighting crew member, as determined by the Secretary
concerned; or''.''.</DELETED>
<DELETED> (b) Monthly Amount of Pay.--Subsection (c) of such section
is amended--</DELETED>
<DELETED> (1) in paragraph (1), by striking ``(12)'' and
inserting ``(13)''; and</DELETED>
<DELETED> (2) in paragraph (2)(A), by striking ``(13)'' and
inserting ``(14)''.</DELETED>
<DELETED> (c) Effective Date.--The amendments made by subsection (a)
and (b) shall take effect October 1, 2004.</DELETED>
<DELETED>Subtitle C--Travel and Transportation Allowances</DELETED>
<DELETED>SEC. 631. EXPANSION OF TRAVEL AND TRANSPORTATION ALLOWANCES TO
ASSIST SURVIVORS OF A DECEASED MEMBER TO ATTEND BURIAL
CEREMONY OF THE MEMBER.</DELETED>
<DELETED> (a) Authorized Travel Locations.--Subsection (b) of
section 411f of title 37, United States Code, is amended to read as
follows:</DELETED>
<DELETED> ``(b) Authorized Locations for Travel; Duration and
Rates.--(1) The allowances under subsection (a) may be provided for
travel and transportation by eligible relatives of the deceased member
to the place selected pursuant to section 1482(a)(8) of title 10 for
disposition of the remains of the deceased member.</DELETED>
<DELETED> ``(2) The allowances may not exceed the rates for two days
and the time necessary for the travel.''.</DELETED>
<DELETED> (b) Eligible Relatives.--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''.</DELETED>
<DELETED> (c) Limitation on Fiscal Year 2005 Obligations.--During
fiscal year 2005, obligations incurred under section 411f of title 37,
United States Code, as amended by subsections (a) and (b), to provide
travel and transportation allowances, not previously available under
such section, to survivors of deceased members of the uniformed
services, and to provide such allowances to persons not previously
eligible for such allowances, may not exceed $2,000,000.</DELETED>
<DELETED>SEC. 632. TRANSPORTATION OF FAMILY MEMBERS INCIDENT TO THE
SERIOUS ILLNESS OR INJURY OF MEMBERS OF THE UNIFORMED
SERVICES.</DELETED>
<DELETED> (a) Removal of Limitation on Number of Family Members.--
Subsection (a)(1) of section 411h of title 37, United States Code, is
amended by striking ``not more than two family members'' and inserting
``a family member''.</DELETED>
<DELETED> (b) Family Members Described.--Subsection (b)(1) of such
section is amended--</DELETED>
<DELETED> (1) by striking ``and'' at the end of subparagraph
(C);</DELETED>
<DELETED> (2) by striking the period at the end of
subparagraph (D) and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following new
subparagraph:</DELETED>
<DELETED> ``(E) other persons approved by the Secretary
concerned.''.</DELETED>
<DELETED> (c) Availability of Per Diem.--Such section is further
amended--</DELETED>
<DELETED> (1) in subsection (a)(1), by inserting ``travel
and'' before ``transportation''; and</DELETED>
<DELETED> (2) in subsection (c)--</DELETED>
<DELETED> (A) by inserting ``(1)'' after ``(c)'' ;
and</DELETED>
<DELETED> (B) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (d) Effective Date.--The amendments made by this section
shall take effect on October 1, 2004, and apply to transportation
described in section 411h of title 37, United States Code, provided on
or after that date.</DELETED>
<DELETED> (e) Limitation on Fiscal Year 2005 Obligations.--During
fiscal year 2005, obligations incurred under section 411h of title 37,
United States Code, as amended by subsections (a) and (b), to provide
travel and transportation allowances, not previously available under
such section, to family members of seriously ill or injured members of
the uniformed services, and to provide such allowances to persons not
previously eligible for such allowances, may not exceed
$3,000,000.</DELETED>
<DELETED>SEC. 633. REIMBURSEMENT OF MEMBERS FOR CERTAIN LODGING COSTS
INCURRED IN CONNECTION WITH STUDENT DEPENDENT
TRAVEL.</DELETED>
<DELETED> Section 430(b) of title 37, United States Code, is
amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and</DELETED>
<DELETED> (2) by inserting after paragraph (1) the following
new paragraph (2):</DELETED>
<DELETED> ``(2) The transportation allowance paid to a member under
paragraph (1) may include reimbursement, at a rate prescribed by the
Secretaries concerned, for lodging costs incurred during the annual
trip for which the allowance is paid when, for reasons beyond the
control of the dependent child of the member, the child is required to
procure accommodations while en route between the child's school and
the member's duty station.''.</DELETED>
<DELETED>Subtitle D--Retired Pay and Survivor Benefits</DELETED>
<DELETED>SEC. 641. COMPUTATION OF BENEFITS UNDER SURVIVOR BENEFIT PLAN
FOR SURVIVING SPOUSES OVER AGE 62.</DELETED>
<DELETED> (a) Phased Increase in Basic Annuity.--</DELETED>
<DELETED> (1) Standard annuity.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(I) For a month before October
2005, the applicable percent is 35
percent.</DELETED>
<DELETED> ``(II) For months after September
2005 and before April 2006, the applicable
percent is 40 percent.</DELETED>
<DELETED> ``(III) For months after March
2006 and before April 2007, the applicable
percent is 45 percent.</DELETED>
<DELETED> ``(IV) For months after March 2007
and before April 2008, the applicable percent
is 50 percent.</DELETED>
<DELETED> ``(V) For months after March 2008,
the applicable percent is 55
percent.''.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (3) Survivors of eligible persons dying on active
duty, etc.--</DELETED>
<DELETED> (A) Increase to 55 percent.--Clause (i) of
subsection (c)(1)(B) of such section is amended--
</DELETED>
<DELETED> (i) by striking ``35 percent'' and
inserting ``the applicable percent'';
and</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (4) Clerical amendment.--The heading for
subsection (d)(2)(A) of such section is amended to read as
follows: ``Computation of annuity.--''.</DELETED>
<DELETED> (b) Corresponding Phased Elimination of Supplemental
Annuity.--</DELETED>
<DELETED> (1) Phased reduction of supplemental annuity.--
Section 1457(b) of title 10, United States Code, is amended--
</DELETED>
<DELETED> (A) by striking ``5, 10, 15, or 20
percent'' and inserting ``the applicable percent'';
and</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (2) Repeal upon implementation of 55 percent sbp
annuity.--Effective on April 1, 2008, chapter 73 of such title
is amended--</DELETED>
<DELETED> (A) by striking subchapter III;
and</DELETED>
<DELETED> (B) by striking the item relating to
subchapter III in the table of subchapters at the
beginning of that chapter.</DELETED>
<DELETED> (c) Recomputation of Annuities.--</DELETED>
<DELETED> (1) Periodic recomputation required.--Effective on
the first day of each month specified in paragraph (2)--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Time for recomputation.--The requirement under
paragraph (1) for recomputation of certain annuities applies
with respect to the following months:</DELETED>
<DELETED> (A) October 2005.</DELETED>
<DELETED> (B) April 2006.</DELETED>
<DELETED> (C) April 2007.</DELETED>
<DELETED> (D) April 2008.</DELETED>
<DELETED> (d) Recomputation of Retired Pay Reductions for
Supplemental Survivor Annuities.--The Secretary of Defense shall take
such actions as are necessitated by the amendments made by subsection
(b) and the requirements of subsection (c)(1)(B) to ensure that the
reductions in retired pay under section 1460 of title 10, United States
Code, are adjusted to achieve the objectives set forth in subsection
(b) of that section.</DELETED>
<DELETED>SEC. 642. OPEN ENROLLMENT PERIOD FOR SURVIVOR BENEFIT PLAN
COMMENCING OCTOBER 1, 2005.</DELETED>
<DELETED> (a) Persons not Currently Participating in Survivor
Benefit Plan.--</DELETED>
<DELETED> (1) Election of sbp coverage.--An eligible retired
or former member may elect to participate in the Survivor
Benefit Plan under subchapter II of chapter 73 of title 10,
United States Code, during the open enrollment period specified
in subsection (f).</DELETED>
<DELETED> (2) Election of supplemental annuity coverage.--An
eligible retired or former member who elects under paragraph
(1) to participate in the Survivor Benefit Plan at the maximum
level may also elect during the open enrollment period to
participate in the Supplemental Survivor Benefit Plan
established under subchapter III of chapter 73 of title 10,
United States Code.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) is entitled to retired pay;
or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Status under sbp of persons making
elections.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) participate in the Plan at a higher base
amount (not in excess of the participant's retired pay);
or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Election for Current SBP Participants to Participate
in Supplemental SBP.--</DELETED>
<DELETED> (1) Election.--A person who is eligible to make an
election under this paragraph may elect during the open
enrollment period to participate in the Supplemental Survivor
Benefit Plan established under subchapter III of chapter 73 of
title 10, United States Code.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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 will 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. 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.</DELETED>
<DELETED> (d) Manner of Making Elections.--An election under this
section must 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Open Enrollment Period Defined.--The open enrollment
period is the two-year period beginning on October 1, 2005.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (i) Additional Premium.--The Secretary of Defense may
require that the premium for a person making an election under
subsection (a)(1) or (b) include, in addition to the amount required
under section 1452(a) of title 10, United States Code, an amount
determined under regulations prescribed by the Secretary of Defense for
the purposes of this subsection. Any such amount shall be stated as a
percentage of the base amount of the person making the election and
shall reflect the number of years that have elapsed since the person
retired, but may not exceed 4.5 percent of that person's base
amount.</DELETED>
<DELETED> (j) Report Concerning Open Season.--Not later than July 1,
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 on the open season authorized by this
section for the Survivor Benefit Plan. The report shall include the
following:</DELETED>
<DELETED> (1) A description of the Secretary's plans for
implementation of the open season.</DELETED>
<DELETED> (2) The Secretary's estimates of the costs
associated with the open season, including any anticipated
effect of the open season on the actuarial status of the
Department of Defense Military Retirement Fund.</DELETED>
<DELETED> (3) Any recommendation by the Secretary for
further legislative action.</DELETED>
<DELETED>SEC. 643. SOURCE OF FUNDS FOR SURVIVOR BENEFIT PLAN ANNUITIES
FOR DEPARTMENT OF DEFENSE BENEFICIARIES OVER AGE
62.</DELETED>
<DELETED> (a) In General.--Chapter 74 of title 10, United States
Code, is amended as follows:</DELETED>
<DELETED> (1) Section 1465(b) of such title is amended by
adding at the end the following new paragraph:</DELETED>
<DELETED> ``(4) At the same time that the Secretary of Defense makes
the determination required by paragraph (1) for any fiscal year, the
Secretary shall determine the amount of the Treasury contribution to be
made to the Fund for the next fiscal year under section 1466(b)(2)(E)
of this title. That amount shall be determined in the same manner as
the determination under paragraph (1) of the total amount of Department
of Defense contributions to be made to the Fund during that fiscal year
under section 1466(a) of this title, except that for purposes of this
paragraph the Secretary, in making the calculations required by
subparagraphs (A) and (B) of that paragraph, shall use the single level
percentages determined under subsection (c)(5), rather than those
determined under subsection (c)(1).''.</DELETED>
<DELETED> (4) Section 1465(c) of such title is amended--
</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) in subparagraph (A), by
inserting before the semicolon at the end the
following: ``and as if benefits under
subchpater II of chapter 73 of this title for
beneficiaries 62 years of age and older were
computed for any fiscal year on the basis of
the percentage of 35 percent, rather than any
percentage otherwise applicable for that
computation for that fiscal year'';
and</DELETED>
<DELETED> (ii) in subparagraph (B), by
inserting before the period at the end the
following: ``and as if benefits under
subchapter II of chapter 73 of this title for
beneficiaries 62 years of age and older were
computed for any fiscal year on the basis of
the percentage of 35 percent, rather than any
percentage otherwise applicable for that
computation for that fiscal year'';</DELETED>
<DELETED> (B) by redesignating paragraph (5) as
paragraph (6); and</DELETED>
<DELETED> (C) by inserting after paragraph (4) the
following new paragraph (5):</DELETED>
<DELETED> ``(5) Whenever the Secretary carries out an actuarial
valuation under paragraph (1), the Secretary shall include as part of
such valuation the following:</DELETED>
<DELETED> ``(A) A determination of a single level percentage
determined in the same manner as applies under subparagraph (A)
of paragraph (1), but determined as if benefits under
subchapter II of chapter 73 of this title for beneficiaries 62
years of age and older were computed for any fiscal year on the
basis of the percentage of 35 percent, rather than any
percentage otherwise applicable for that computation for that
fiscal year.</DELETED>
<DELETED> ``(B) A determination of a single level percentage
determined in the same manner as applies under subparagraph (B)
of paragraph (1), but determined as if benefits under
subchapter II of chapter 73 of this title for beneficiaries 62
years of age and older were computed for any fiscal year on the
basis of the percentage of 35 percent, rather than any
percentage otherwise applicable for that computation for that
fiscal year.</DELETED>
<DELETED>Such single level percentages shall be used for the purposes
of subsection (b)(4).''.</DELETED>
<DELETED> (5) Section 1466(b) of such title is amended--
</DELETED>
<DELETED> (A) in paragraph (1), by inserting
``1465(b)(4),'' after ``1465(b)(3),''; and</DELETED>
<DELETED> (B) by adding at the end of paragraph (2)
the following new subparagraph:</DELETED>
<DELETED> ``(E) The amount for that year determined by the
Secretary of Defense under section 1465(b)(4) of this title for
the cost to the Fund arising from increased amounts payable
from the Fund by reason of benefits under subchapter II of
chapter 73 of this title for beneficiaries 62 years of age and
older being computed for any fiscal year on the basis of the
percentage greater than 35 percent.''.</DELETED>
<DELETED> (b) Effective Date.--The amendments made by subsection (a)
shall take effect as of October 1, 2004. If this Act is enacted after
that date, the Secretary of Defense shall provide for such
administrative adjustments as necessary to provide for payments made
for any period during fiscal year 2005 before the date of the enactment
of this Act to be treated as having been made in accordance with such
amendments and for the provisions of those amendments to be implemented
as if enacted as of September 30, 2004.</DELETED>
<DELETED>Subtitle E--Commissary and Nonappropriated Fund
Instrumentality Benefits</DELETED>
<DELETED>SEC. 651. CONSOLIDATION AND REORGANIZATION OF LEGISLATIVE
PROVISIONS REGARDING DEFENSE COMMISSARY SYSTEM AND
EXCHANGES AND OTHER MORALE, WELFARE, AND RECREATION
ACTIVITIES.</DELETED>
<DELETED> (a) Provisions Related to Commissary Stores.--Chapter 147
of title 10, United States Code, is amended--</DELETED>
<DELETED> (1) by striking the table of sections at the
beginning of the chapter and sections 2481, 2483, 2485, and
2487;</DELETED>
<DELETED> (2) by redesignating sections 2482, 2484, and 2486
as sections 2485, 2483 and 2484, respectively;</DELETED>
<DELETED> (3) by inserting after the chapter heading the
following:</DELETED>
<DELETED>``Subchapter Sec.
<DELETED>``I. Defense Commissary System..................... 2481
<DELETED>``II. Relationship, Continuation, and Common 2487
Policies of Defense Commissary
and Exchange Systems.
<DELETED>``III. Morale, Welfare, and Recreation Programs and 2491
Nonappropriated Fund
Instrumentalities.
<DELETED>``SUBCHAPTER I--DEFENSE COMMISSARY SYSTEM</DELETED>
<DELETED>``Sec.
<DELETED>``2481. Existence and purpose of defense commissary system.
<DELETED>``2482. Commissary stores: criteria for establishment or
closure; store size.
<DELETED>``2483. Commissary stores: use of appropriated funds to cover
operating expenses.
<DELETED>``2484. Commissary stores: merchandise that may be sold;
uniform surcharges and pricing.
<DELETED>``2485. Commissary stores: operation.
<DELETED>``Sec. 2481. Existence and purpose of defense commissary
system</DELETED>
<DELETED> ``(a) Existence of System.--The Secretary of the Defense
shall operate, using funds appropriated to the Department of Defense, a
world-wide system of commissary stores that sell, at reduced prices,
food and other merchandise consistent with societal norms for product
selection in commercial large-scale grocery stores in the United States
to members of the uniformed services on active duty, members of the
uniformed services entitled to retired pay, dependents of such members,
and patrons authorized to use the system under chapter 54 of this
title.</DELETED>
<DELETED> ``(b) Purpose of System.--The purpose of the defense
commissary system is to enhance the quality of life of members of the
uniformed services, retired members, dependents of such members, and
other authorized patrons and to provide such members with an additional
nonmonetary compensation in recognition of their service to the United
States.</DELETED>
<DELETED> ``(c) Reduces 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.</DELETED>
<DELETED>``Sec. 2482. Commissary stores: criteria for establishment or
closure; store size</DELETED>
<DELETED> ``(a) Primary Consideration for Establishment.--The needs
of members of the uniformed services on active duty and their
dependents shall be the primary consideration whenever the Secretary of
Defense--</DELETED>
<DELETED> ``(1) assesses the need to establish a commissary
store; and</DELETED>
<DELETED> ``(2) selects the actual location for the
store.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Closure Considerations.--(1) Whenever assessing
whether to close a commissary store, the effect of the closure on the
quality of life of members of the uniformed services and their
dependents using the store and on the welfare and security of the
military community in which the commissary is located shall be the
primary consideration. In all cases, the quality of life for military
patrons shall take priority over any consideration of economic criteria
relative to store financial performance.</DELETED>
<DELETED> ``(2) The Secretary of Defense shall give the quality of
life for members of a reserve component the same priority as the
quality of life for active duty members whenever assessing whether to
close a commissary store, including when the assessment is undertaken
as a result of the closure or realignment of a military installation
under a base closure law.</DELETED>
<DELETED> ``(d) Congressional Notification.--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.'';</DELETED>
<DELETED> (4) by inserting sections 2483 and 2484, as
redesignated by paragraph (2), after section 2482, as added by
paragraph (3);</DELETED>
<DELETED> (5) in section 2484, as redesignated by paragraph
(2)--</DELETED>
<DELETED> (A) by striking subsections (a), (b), (c),
and (g);</DELETED>
<DELETED> (B) by redesignating subsections (d), (e),
and (f) as subsections (f), (g), and (h),
respectively;</DELETED>
<DELETED> (C) by inserting before subsection (f), as
so redesignated, the following new
subsections:</DELETED>
<DELETED> ``(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. The Secretary of Defense shall ensure that
the design and format of commissary stores are consistent with modern
grocery store stockage and format.</DELETED>
<DELETED> ``(b) Required Commissary Merchandise Categories.--
Merchandise sold in, at, or by commissary stores shall include items in
the following categories:</DELETED>
<DELETED> ``(1) Meat, poultry, and seafood.</DELETED>
<DELETED> ``(2) Nonalcoholic beverages.</DELETED>
<DELETED> ``(3) Produce.</DELETED>
<DELETED> ``(4) Grocery food, whether stored chilled,
frozen, or at room temperature.</DELETED>
<DELETED> ``(5) Dairy products.</DELETED>
<DELETED> ``(6) Bakery and delicatessen items.</DELETED>
<DELETED> ``(7) Nonfood grocery items.</DELETED>
<DELETED> ``(8) Health and beauty aids.</DELETED>
<DELETED> ``(9) Magazines and periodicals.</DELETED>
<DELETED> ``(10) Telephone cards, greeting cards, and film
and one-time use cameras.</DELETED>
<DELETED> ``(c) Inclusion of General Merchandise Items.--(1) Among
the various defense retail systems--</DELETED>
<DELETED> ``(A) commissary stores shall be the primary
Department of Defense-operated store for the sale of items
described in paragraphs (1) through (7) of subsection (b);
and</DELETED>
<DELETED> ``(B) exchange stores shall continue to maintain
the exclusive right to operate convenience stores, shopettes,
and troop stores, including such stores established to support
contingency operations.</DELETED>
<DELETED> ``(2) Merchandise sold in commissary stores may include
such general merchandise items as the Secretary of Defense may
prescribe, except that the Secretary may not exclude seasonal items,
tobacco products, pet supplies, batteries, potted plants and floral
bouquets, women's hosiery, and school supplies, to the extent such
products have been available in commissary stores before June 1, 2004,
unless the Secretary determines that space or other considerations
preclude the sale of all or some of the specified items. The Secretary
shall provide notice to Congress of any reduction in the availability
of such items at least 30 days before the reduction takes
effect.</DELETED>
<DELETED> ``(3) A military exchange may be considered as the vendor
for the purchase of tobacco products, greeting cards, and film and one-
time use cameras and shall serve as the vendor for telephone cards.
Subsections (e) and (f) 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.</DELETED>
<DELETED> ``(4) During the two-year period ending March 31, 2007,
the Secretary shall maintain sales data for commissary stores and
exchange stores regarding the items identified in subsection (b)(10).
Not later than August 1, 2007, the Secretary shall submit to Congress a
report containing such sales data.</DELETED>
<DELETED> ``(d) Excluded Goods or Services.--Commissary stores shall
not offer film development services.</DELETED>
<DELETED> ``(e) Uniform Sales Price Surcharge.--The Secretary of
Defense shall apply a uniform surcharge equal to not more than five
percent on the sales prices established under subsection (f) for each
item of merchandise sold in, at, or by commissary stores.'';</DELETED>
<DELETED> (D) in subsection (f), as so redesignated,
by striking ``(consistent with this section and section
2685 of this title)'' in paragraph (1);</DELETED>
<DELETED> (E) in subsection (h), as so redesignated,
by striking ``Subsections (c) and (d)'' and inserting
``Subsections (e) and (f)''; and</DELETED>
<DELETED> (F) by adding at the end the following new
subsection:</DELETED>
<DELETED> ``(i) 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 (e) only--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) to cover environmental evaluation and
construction costs related to activities described in clause
(i), including costs for surveys, administration, overhead,
planning, and design.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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 (e) 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.</DELETED>
<DELETED> ``(B) In subparagraph (A), the term `construction', with
respect to a facility, includes acquisition, conversion, expansion,
installation, or other improvement of the facility.</DELETED>
<DELETED> ``(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 (e) 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.</DELETED>
<DELETED> ``(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):</DELETED>
<DELETED> ``(A) Sale of recyclable materials.</DELETED>
<DELETED> ``(B) Sale of excess and surplus
property.</DELETED>
<DELETED> ``(C) License fees.</DELETED>
<DELETED> ``(D) Royalties.</DELETED>
<DELETED> ``(E) Fees paid by sources of products in order to
obtain favorable display of the products for resale, known as
business related management fees.'';</DELETED>
<DELETED> (6) by inserting section 2485, as redesignated by
paragraph (2), after section 2484, as amended by paragraph (5);
and</DELETED>
<DELETED> (7) in section 2485, as redesignated by paragraph
(2)--</DELETED>
<DELETED> (A) in subsection (a)(2), by adding at the
end the following new sentence: ``Until December 31,
2009, the Defense Commissary Agency is not required to
conduct any cost-comparison study under the policies
and procedures of Office of Management and Budget
Circular A-76 relating to the possible contracting out
of commissary store functions.'';</DELETED>
<DELETED> (B) in subsection (b)(2), by striking
``section 2484'' and inserting ``section
2483'';</DELETED>
<DELETED> (C) 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</DELETED>
<DELETED> (D) by adding at the end the following new
subsections:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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(e) of this title are credited.</DELETED>
<DELETED> ``(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(e) of this title.</DELETED>
<DELETED> ``(f) Donation of Unusable Food.--(1) The Secretary of
Defense may donate food described in paragraph (2) to any of the
following entities:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) is certified as edible by appropriate food
inspection technicians;</DELETED>
<DELETED> ``(B) would otherwise be destroyed as unusable;
and</DELETED>
<DELETED> ``(C) in the case of commissary store food, is
unmarketable and unsaleable.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(4) This subsection does not authorize any service
(including transportation) to be provided in connection with a donation
under this subsection.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(i) The person who presented the
check.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Amounts collected as charges imposed under paragraph
(1) shall be credited to the commissary trust revolving fund.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(2) Paragraph (1) applies to the following:</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(i) Data relating to sales of goods or
services.</DELETED>
<DELETED> ``(ii) Demographic information on
customers.</DELETED>
<DELETED> ``(iii) Any other information pertaining
to commissary transactions and operations.</DELETED>
<DELETED> ``(B) Business programs, systems, and applications
(including software) relating to commissary operations that
were developed with funding derived from commissary
surcharges.</DELETED>
<DELETED> ``(3)(A) The Secretary of Defense may, using competitive
procedures, enter into a contract to sell information described in
paragraph (2).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(C) 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.</DELETED>
<DELETED> ``(D) 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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Relation Between Defense Commissary and Exchange
Systems.--Chapter 147 of title 10, United States Code, is further
amended--</DELETED>
<DELETED> (1) by inserting after section 2485, as amended by
subsection (a)(7), the following:</DELETED>
<DELETED>``SUBCHAPTER II--RELATIONSHIP, CONTINUATION, AND COMMON
POLICIES OF DEFENSE COMMISSARY AND EXCHANGE SYSTEMS</DELETED>
<DELETED>``Sec.
<DELETED>``2487. Existence and purpose of defense commissary system.
<DELETED>``2488. Combined exchange and commissary stores.
<DELETED>``2489. Overseas commissary and exchange stores: access and
purchase restrictions.
<DELETED>``Sec. 2487. Relationship between defense commissary system
and exchange stores system</DELETED>
<DELETED> ``(a) Separate 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.</DELETED>
<DELETED> ``(2) Paragraph (1) does not apply to the
following:</DELETED>
<DELETED> ``(A) Combined exchange and commissary stores
operated under the authority provided by section 2489 of this
title.</DELETED>
<DELETED> ``(B) NEXMART stores of the Navy Exchange Service
Command established before October 1, 2003.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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'';</DELETED>
<DELETED> (2) by redesignating sections 2488, 2489, 2489a as
sections 2495, 2495a, and 2495b, respectively; and</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (c) MWR Programs and Nonappropriated Fund
Instrumentalities.--Chapter 147 of title 10, United States Code, is
further amended--</DELETED>
<DELETED> (1) by inserting after section 2489, as
redesignated and moved by subsection (b)(3), the
following:</DELETED>
<DELETED>``SUBCHAPTER III--MORALE, WELFARE, AND RECREATION PROGRAMS AND
NONAPPROPRIATED FUND INSTRUMENTALITIES</DELETED>
<DELETED>``Sec.
<DELETED>``2491. Uniform funding and management of morale, welfare, and
recreation programs.
<DELETED>``2491a. Department of Defense golf courses: limitation on use
of appropriated funds.
<DELETED>``2491b. Use of appropriated funds for operation of Armed
Forces Recreation Center, Europe:
limitation.
<DELETED>``2491c. Retention of morale, welfare, and recreation funds by
military installations: limitation.
<DELETED>``2492. Nonappropriated fund instrumentalities: contracts with
other agencies and instrumentalities to
provide and obtain goods and services.
<DELETED>``2493. Fisher Houses: administration as nonappropriated fund
instrumentality.
<DELETED>``2494. Nonappropriated fund instrumentalities: furnishing
utility services for morale, welfare, and
recreation purposes.
<DELETED>``2495. Nonappropriated fund instrumentalities: purchase of
alcoholic beverages.
<DELETED>``2495a. Overseas package stores: treatment of United States
wines.
<DELETED>``2495b. Sale or rental of sexually explicit material
prohibited.'';
<DELETED> (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);</DELETED>
<DELETED> (3) by redesignating section 2482a as section 2492
and inserting such section before section 2493;</DELETED>
<DELETED> (4) by inserting after section 2493 the following
new section:</DELETED>
<DELETED>``Sec. 2494. Nonappropriated fund instrumentalities:
furnishing utility services for morale, welfare, and
recreation purposes</DELETED>
<DELETED> ``Appropriations for the Department of Defense may be used
to provide utility services for--</DELETED>
<DELETED> ``(1) buildings on military installations
authorized by regulation to be used for morale, welfare, and
recreation purposes; and</DELETED>
<DELETED> ``(2) other morale, welfare, and recreation
activities for members of the armed forces.''; and</DELETED>
<DELETED> (5) by inserting sections 2495, 2495a, and 2495b,
as redesignated by subsection (b)(2), after section 2494, as
added by paragraph (4).</DELETED>
<DELETED> (d) Inclusion of Other Title 10 Provisions.--Sections
2246, 2247, and 2219 of title 10, United States Code, are--</DELETED>
<DELETED> (1) transferred to chapter 147 of such
title;</DELETED>
<DELETED> (2) inserted after section 2491, as redesignated
and moved by subsection (c)(2); and</DELETED>
<DELETED> (3) redesignated as sections 2491a, 2491b, and
2491c, respectively.</DELETED>
<DELETED> (e) Conforming Amendments.--(1) Section 977 of title 10,
United States Code, is repealed.</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) The table of sections at the beginning of chapter 132
of such title is amended by striking the item relating to section
2219.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 652. CONSISTENT STATE TREATMENT OF DEPARTMENT OF DEFENSE
NONAPPROPRIATED FUND HEALTH BENEFITS PROGRAM.</DELETED>
<DELETED> Section 349 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2727) is amended by
adding at the end the following new subsection:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) In this section, 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.''.</DELETED>
<DELETED>SEC. 653. COOPERATION AND ASSISTANCE FOR QUALIFIED SCOUTING
ORGANIZATIONS SERVING DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND CIVILIAN EMPLOYEES OVERSEAS.</DELETED>
<DELETED> (a) Authority to Cooperate and Provide Assistance.--
Subsection (a) of section 2606 of title 10, United States Code, is
amended--</DELETED>
<DELETED> (1) in subsection (a), by striking ``Subject to
subsection (b)'' and inserting ``In the interest of promoting
the recognized morale, welfare, and recreation of members of
the armed forces''; and</DELETED>
<DELETED> (2) in subsection (b), by striking ``and may'' and
all that follows through ``armed forces''.</DELETED>
<DELETED> (b) Treatment of Organizations and Employees.--Such
section is further amended--</DELETED>
<DELETED> (1) by striking subsections (e) and (f);</DELETED>
<DELETED> (2) by redesignating subsections (c) and (d) as
subsections (e) and (f), respectively; and</DELETED>
<DELETED> (3) by inserting after subsection (b) the
following new subsections:</DELETED>
<DELETED> ``(c) Treatment as Nonappropriated Fund
Instrumentalities.--(1) Subject to paragraphs (2) and (3), to the
extent a qualified scouting organization is providing services for
members of the armed forces and their dependents, or civilian employees
of the Department of Defense and their dependents, at a location
outside the United States consistent with the regulations prescribed
under subsection (b), the qualified scouting organization shall be a
nonappropriated fund instrumentality of the Department of
Defense.</DELETED>
<DELETED> ``(2) Notwithstanding treatment as a nonappropriated fund
instrumentality of the Department of Defense, personnel of the
qualified scouting organization who are performing duties in connection
with cooperation and assistance provided under subsection (a) may
continue such policies and procedures related to personnel management
and such other policies or procedures established by the qualified
scouting organization as the personnel consider appropriate, subject to
the approval of the qualified scouting organization.</DELETED>
<DELETED> ``(3) A qualified scouting organization operating outside
the United States may operate as a private association overseas for the
purpose of raising funds. Any funds so raised may not be commingled
with amounts retained in a nonappropriated morale, welfare, and
recreation account of the Department of Defense.</DELETED>
<DELETED> ``(d) Treatment as Nonappropriated Fund Instrumentality
Employees.--(1) Personnel of a qualified scouting organization who are
performing duties in connection with cooperation and assistance
provided under subsection (a) for members of the armed forces and their
dependents, or civilian employees of the Department of Defense and
their dependents, shall be nonappropriated fund instrumentality
employees of the United States for any period during which the
personnel perform such duties.</DELETED>
<DELETED> ``(2) Such personnel of a qualified scouting organization
shall receive the same benefits, entitlements, and logistical support
as other nonappropriated fund instrumentality employees, except that
such personnel--</DELETED>
<DELETED> ``(A) shall be allowed to decline to participate
in retirement programs or other personnel management policies
or procedures available to other nonappropriated fund
instrumentality employees and elect to continue the programs,
policies or procedures made available by the qualified scouting
organization; and</DELETED>
<DELETED> ``(B) shall not receive nonappropriated fund
instrumentality employment credit nor rehire
priority.</DELETED>
<DELETED> ``(3) In the regulations prescribed under subsection (b),
the Secretary of Defense may authorize the use of funds appropriated to
the Department of Defense to pay costs of such personnel of a qualified
scouting organization, including reimbursement of the personnel or the
qualified scouting organization, in the case of those retirement,
personnel management, and other compensation programs regarding which
the personnel have elected to continue the programs made available to
them by the qualified scouting organization.''.</DELETED>
<DELETED> (c) Conforming and Clerical Amendments.--Such section is
further amended--</DELETED>
<DELETED> (1) in subsection (a), by inserting ``Authority to
Cooperate and Provide Assistance.--'' after ``(a)'';</DELETED>
<DELETED> (2) in subsection (c), by inserting ``Basis for
Cooperation and Assistance.--'';</DELETED>
<DELETED> (3) in subsection (e), as redesignated by
subsection (b)(2)--</DELETED>
<DELETED> (A) by inserting ``Provision of
Transportation, Space, and Services.--'' after ``(e)'';
and</DELETED>
<DELETED> (B) in the matter preceding paragraph (1),
by inserting ``, using the authority of subsection
(d)(3)'' after ``furnished'';</DELETED>
<DELETED> (4) in subsection (f), as redesignated by
subsection (b)(2), by inserting ``Transportation of Supplies.--
'' after ``(f)''; and</DELETED>
<DELETED> (5) in subsection (g), by inserting
``Definition.--'' after ``(g)''.</DELETED>
<DELETED>Subtitle F--Other Matters</DELETED>
<DELETED>SEC. 661. REPEAL OF REQUIREMENT THAT MEMBERS ENTITLED TO BASIC
ALLOWANCE FOR SUBSISTENCE PAY SUBSISTENCE CHARGES WHILE
HOSPITALIZED.</DELETED>
<DELETED> (a) Repeal.--(1) Section 1075 of title 10, United States
Code, is repealed.</DELETED>
<DELETED> (2) The table of sections at the beginning of chapter 55
of such title is amended by striking the item relating to section
1075.</DELETED>
<DELETED> (b) Conforming Amendment Regarding Military-Civilian
Health Services Partnership Program.--Section 1096(c) of such title is
amended--</DELETED>
<DELETED> (1) by inserting ``who is a dependent'' after
``covered beneficiary''; and</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.</DELETED>
<DELETED>SEC. 662. CLARIFICATION OF EDUCATION LOANS QUALIFYING FOR
EDUCATION LOAN REPAYMENT PROGRAM FOR RESERVE COMPONENT
HEALTH PROFESSIONS OFFICERS.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>SEC. 663. SURVEY AND ANALYSIS OF EFFECT OF EXTENDED AND
FREQUENT MOBILIZATION OF RESERVISTS FOR ACTIVE DUTY
SERVICE ON RESERVIST INCOME.</DELETED>
<DELETED> (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 the period of the active duty service compared to
the average monthly civilian income of the members during the 12 months
preceding their mobilization.</DELETED>
<DELETED> (2) 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) shall be included in the survey.</DELETED>
<DELETED> (b) Calculation of Income Differential.--For each member
surveyed under subsection (a) who reports that 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.</DELETED>
<DELETED> (c) Definitions Used in Conducting Survey and
Calculations.--In this section:</DELETED>
<DELETED> (1) The term ``monthly active-duty income
differential'', with respect to a member of a reserve component
surveyed under subsection (a), means the difference between--
</DELETED>
<DELETED> (A) the average monthly civilian income of
the member; and</DELETED>
<DELETED> (B) the total monthly military
compensation of the member.</DELETED>
<DELETED> (2) The term ``average monthly civilian income'',
with respect to a member of a reserve component surveyed under
subsection (a), 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 during
the period specified in subsection (a)(1), divided by
12.</DELETED>
<DELETED> (3) The term ``total monthly military
compensation'', with respect to a member of a reserve component
surveyed under subsection (a), means the amount, computed on a
monthly basis, of the sum of--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (d) Collection of Demographic Data.--The Secretary of
Defense shall collect demographic data regarding each member of a
reserve component surveyed under subsection (a), including, at a
minimum, data on the following:</DELETED>
<DELETED> (1) Reserve component.</DELETED>
<DELETED> (2) Unit of assignment.</DELETED>
<DELETED> (3) Grade.</DELETED>
<DELETED> (4) Age.</DELETED>
<DELETED> (5) Years of service.</DELETED>
<DELETED> (6) Sex.</DELETED>
<DELETED> (7) Marital status.</DELETED>
<DELETED> (8) Number of dependents.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (10) Military occupational specialty, including
specifying all surveyed members who are serving in a critical
wartime specialty.</DELETED>
<DELETED> (11) Length of service on active duty during the
most recent mobilization.</DELETED>
<DELETED> (12) Number of times mobilized since September 11,
2001.</DELETED>
<DELETED> (e) Effect of Income Loss on Retention.--The Secretary of
Defense shall include in the survey a question to solicit information
from each member of a reserve component surveyed under subsection (a)
regarding the likely effect of a reoccurring monthly active-duty income
differential for the member while serving on active duty on the
decision of the member to remain in the reserve component.</DELETED>
<DELETED> (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 (d), 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.</DELETED>
<DELETED> (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 (d).</DELETED>
<DELETED> (g) Submission of Survey Results and Recommendations.--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 (e). 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.</DELETED>
<DELETED> (h) Comptroller General Evaluation.--Not later than March
31, 2006, the Comptroller General shall submit to Congress an
assessment of the findings and recommendations contained in the report
of the Secretary of Defense submitted under subsection (g).</DELETED>
<DELETED>TITLE VII--HEALTH CARE PROVISIONS</DELETED>
<DELETED>Subtitle A--Enhanced Benefits for Reserves</DELETED>
<DELETED>SEC. 701. DEMONSTRATION PROJECT FOR TRICARE COVERAGE FOR READY
RESERVE MEMBERS.</DELETED>
<DELETED> (a) Demonstration Program.--Section 1076b of title 10,
United States Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 1076b. TRICARE demonstration project: coverage for
members of the Ready Reserve</DELETED>
<DELETED> ``(a) In General.--(1) The Secretary of Defense shall
conduct a demonstration project beginning in fiscal year 2005 to test
whether TRICARE coverage for certain Ready Reserve members and their
families enhances medical readiness and retention of such
members.</DELETED>
<DELETED> ``(2) Under the demonstration project required by
paragraph (1), within the scope of the project, as established by the
Secretary, members of the Ready Reserve may be allowed to enroll for
coverage under the TRICARE Standard option of the TRICARE program and
receive benefits under such enrollment for any period that the member--
</DELETED>
<DELETED> ``(A) is not eligible for health care benefits
under an employer-sponsored health benefits plan; and</DELETED>
<DELETED> ``(B) either--</DELETED>
<DELETED> ``(i) is not on active duty; or</DELETED>
<DELETED> ``(ii) is on active duty but under a call
or order to active duty for a period of 30 days or
less.</DELETED>
<DELETED> ``(3) A member allowed to enroll in TRICARE Standard under
the demonstration project may enroll for self-only coverage or self and
family coverage.</DELETED>
<DELETED> ``(b) Scope of Coverage .--A member and the dependents of
a member enrolled in TRICARE Standard under this section shall be
entitled to the same benefits and shall pay the same charges as are
provided under section 1079 of this title.</DELETED>
<DELETED> ``(c) Premiums.--(1) The Secretary of Defense shall charge
premiums for coverage pursuant to enrollments under this section. The
Secretary shall prescribe a premium for self only coverage and a
premium for self and family coverage.</DELETED>
<DELETED> ``(2) The monthly amount of the premium in effect for a
month for a type of coverage under this section shall be the amount
equal to 28 percent of the total amount determined by the Secretary on
an appropriate actuarial basis as being reasonable for the
coverage.</DELETED>
<DELETED> ``(3) The premiums payable by a member 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 by members not entitled to such basic pay or
compensation.</DELETED>
<DELETED> ``(4) 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 subparagraph (B) of such
section for such fiscal year.</DELETED>
<DELETED> ``(d) Conditions of Eligibility.--(1) The Secretary of
Defense may establish other conditions of eligibility, including
requiring a member to submit any certification that the Secretary
considers appropriate to substantiate the member's assertion that the
member is not eligible for health care benefits under any other health
benefits plan.</DELETED>
<DELETED> ``(2) In the case of any member who is self-employed and
not eligible for coverage under any other employer-sponsored health
benefits plan, the member shall not be considered eligible to enroll
under this section if the member's income in the prior calendar year
exceeded $40,000.</DELETED>
<DELETED> ``(e) Scope and Terms of Demonstration Project.--The
geographic scope and priorities for enrollment under the demonstration
program, if any, shall be established by the Secretary of Defense. The
Secretary may establish such other terms and conditions for the
demonstration project required by subsection (a) as the Secretary
determines appropriate to accomplish its purposes.</DELETED>
<DELETED> ``(f) Termination of Authority.--An enrollment in TRICARE
under this section may not continue after December 31, 2007.</DELETED>
<DELETED> ``(g) Evaluation of Demonstration and Report to
Congress.--Not later than March 1, 2007, the Secretary shall provide to
Congress a report on the results of the demonstration project required
by this section. Such report shall include an analysis of the impact of
the demonstration on medical readiness and retention of the members who
enrolled, an assessment of the costs and benefits of any improvements
in medical readiness or retention, and recommendations concerning
TRICARE Standard coverage for Ready Reserve members.</DELETED>
<DELETED> ``(h) Definition.--In this section, the term `TRICARE
Standard' means the option of the TRICARE program that is also known as
the Civilian Health and Medical Program of the Uniformed Services, as
defined in section 1072(4) of this title.''.</DELETED>
<DELETED> (b) Termination of Coverage Under Superseded Provision of
Law.--An enrollment in TRICARE under section 1076b of title 10, United
States Code, as in effect before the date of the enactment of this Act
may not continue after such date.</DELETED>
<DELETED> (c) Site Identification.--(1) Not later than 60 days after
the date of enactment of this Act, the Secretary of Defense, in
consultation with the Committees on Armed Services of the Senate and
the House of Representatives, shall identify not less than 10 sites
that meet the criteria specified in paragraph (2) for the conduct of
the demonstration project required under section 1076b of title 10,
United States Code, as amended by this section.</DELETED>
<DELETED> (2) For purposes of paragraph (1), the sites selected for
the conduct of the demonstration project shall be areas of the United
States that include a substantial number of personnel expected to be
ordered to active duty for a period of more than 30 days.</DELETED>
<DELETED> (d) Independent Evaluation and Reports.--(1) The
Comptroller General shall conduct an evaluation of the demonstration
project required under section 1076b of title 10, United States Code
(as amended by this section) The evaluation shall include an assessment
of the following:</DELETED>
<DELETED> (A) Compliance by the Department of Defense with
the requirements under section 1076b of title 10, United States
Code (as amended by this section).</DELETED>
<DELETED> (B) A description of the effects of the
demonstration project on medical readiness and retention of the
participants compared to nonparticipants.</DELETED>
<DELETED> (C) The number of Ready Reserve members and their
dependents opting to participate in the demonstration
project.</DELETED>
<DELETED> (D) An analysis of how the demonstration project
affects the overall accessibility of care in the direct and
purchased care systems and a description of the unintended
effects (if any) upon the normal treatment priority
system.</DELETED>
<DELETED> (E) A description of the difficulties (if any)
experienced by the Department of Defense in managing the
demonstration project.</DELETED>
<DELETED> (F) Any impact of the demonstration project on
employers, including causing them to discontinue health care
insurance benefits for employees who are members of the
reserves.</DELETED>
<DELETED> (G) A recommendation whether to extend the
demonstration project or make the project permanent.</DELETED>
<DELETED> (H) A determination of whether the terms and
conditions of the demonstration project should be continued or
modified if the project is extended or expanded.</DELETED>
<DELETED> (I) Implications on cost, medical readiness,
recruitment, and retention if the demonstration project was
made available to all reservists meeting the enrollment
criteria throughout the United States and its
territories.</DELETED>
<DELETED> (J) Any additional elements that the Comptroller
General determines are appropriate to assess the demonstration
project.</DELETED>
<DELETED> (2) The Comptroller General shall submit to the Committees
on Armed Services of the Senate and the House of Representatives--
</DELETED>
<DELETED> (A) an interim report on the evaluation under this
section not later than 12 months after the date on which the
demonstration project begins operation; and</DELETED>
<DELETED> (B) a final report on the evaluation under this
section not later than March 1, 2007.</DELETED>
<DELETED>SEC. 702. COMPTROLLER GENERAL REPORT ON THE COST AND
FEASIBILITY OF PROVIDING PRIVATE HEALTH INSURANCE
STIPENDS FOR MEMBERS OF THE READY RESERVES.</DELETED>
<DELETED> (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 member's dependents when the member is on
active duty for a period of more than 30 days, with the dependents
being ineligible to enroll in the TRICARE program and payment of the
stipend ending when the member is no longer on active duty.</DELETED>
<DELETED> (b) Matters Covered.--The study shall include the
following matters:</DELETED>
<DELETED> (1) Recommendation for a benefit amount and cost
to the Department of Defense.</DELETED>
<DELETED> (2) Potential effects on medical readiness,
recruitment, and retention.</DELETED>
<DELETED> (3) The extent to which the Reserves and members
of their families might participate under the stipend
program.</DELETED>
<DELETED> (4) Administrative and management considerations
for the Department of Defense.</DELETED>
<DELETED> (5) Impact of pre-existing conditions on
continuity of care for dependents.</DELETED>
<DELETED> (6) Possible implications for employers.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 703. IMPROVEMENT OF MEDICAL SERVICES FOR ACTIVATED
MEMBERS OF THE READY RESERVE AND THEIR
FAMILIES.</DELETED>
<DELETED> (a) Requirement for TRICARE Coverage for Dependents of
Members of Reserve Components Called to Active Duty.--Paragraph (1) of
section 1074(d) of title 10, United States Code, is amended--</DELETED>
<DELETED> (1) by inserting ``a dependent of'' after
``chapter,'';</DELETED>
<DELETED> (2) by inserting ``a dependent of a member'' after
``treated as being''; and</DELETED>
<DELETED> (3) by striking ``the later of'' and all that
follows through the period at the end of subparagraph (B) and
inserting ``the date described in paragraph (3).''.</DELETED>
<DELETED> (b) Authority for TRICARE Coverage for Members of Reserve
Components Called To Active Duty.--Section 1074(d) of such title is
further amended--</DELETED>
<DELETED> (1) by striking paragraph (3);</DELETED>
<DELETED> (2) by redesignating paragraph (2) as paragraph
(4); and</DELETED>
<DELETED> (3) by inserting after paragraph (1) the following
new paragraphs:</DELETED>
<DELETED> ``(2) The Secretary of Defense may, beginning on the date
described in paragraph (3), provide a member of a reserve component of
the armed forces who is issued a delayed-effective-date active-duty
order, or is covered by such an order, such medical and dental care (in
addition to care for which the member is eligible under section
1074a(f) of this title or other provisions of law) the Secretary
determines appropriate.</DELETED>
<DELETED> ``(3) The date referred to in paragraphs (1) and (2) with
respect to a member is the later of the date that is--</DELETED>
<DELETED> ``(A) the date of the issuance of the delayed-
effective-date active-duty order; or</DELETED>
<DELETED> ``(B) 90 days before the date on which the period
of active duty is to commence under such order for that
member.''.</DELETED>
<DELETED> (c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2005.</DELETED>
<DELETED>SEC. 704. MODIFICATION OF WAIVER OF CERTAIN DEDUCTIBLES UNDER
TRICARE PROGRAM.</DELETED>
<DELETED> Section 1095d(a) of title 10, United States Code, is
amended in paragraphs (1) and (2) by striking ``less than one year''
each place it appears and inserting ``more than 30 days''.</DELETED>
<DELETED>SEC. 705. AUTHORITY FOR PAYMENT BY UNITED STATES OF ADDITIONAL
AMOUNTS BILLED BY HEALTH CARE PROVIDERS TO ACTIVATED
RESERVE MEMBERS.</DELETED>
<DELETED> Section 1079(h) of title 10, United States Code, is
amended by adding at the end of paragraph (4) the following new
subparagraph:</DELETED>
<DELETED> ``(C) In the case of services billed to a dependent
referred to in subsection (a) of a member of a reserve component who is
ordered 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, 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) for the
services.''.</DELETED>
<DELETED>SEC. 706. EXTENSION OF TRANSITIONAL HEALTH CARE BENEFITS AFTER
SEPARATION FROM ACTIVE DUTY.</DELETED>
<DELETED> (a) Extension of Transitional Health Care Benefits.--
Paragraph (3) of section 1145(a) of title 10, United States Code, is
amended to read as follows:</DELETED>
<DELETED> ``(3) Transitional health care shall be available under
this subsection for a period beginning on the date on which the member
is separated from active duty and ending on the earlier of--</DELETED>
<DELETED> ``(A) 180 days after the date on which the member
is separated from active duty; or</DELETED>
<DELETED> ``(B) the date on which the member and dependents
of the member are covered by a health plan sponsored by an
employer.''.</DELETED>
<DELETED> (b) Limitation.--During the period beginning on January 1,
2005, and ending on September 30, 2005, not more than $170,000,000 of
the amount appropriated pursuant to the authorization for operations
and maintenance for the Defense Health Program in section 303(a) may be
used for transitional health care under section 1145(a) of title 10,
United States Code, as amended by this section.</DELETED>
<DELETED> (c) Effective Date.--The amendment made by subsection (a)
shall apply with respect to separations from active duty that take
effect on or after January 1, 2005.</DELETED>
<DELETED>Subtitle B--Other Benefits Improvements</DELETED>
<DELETED>SEC. 711. COVERAGE OF CERTAIN YOUNG CHILDREN UNDER TRICARE
DENTAL PROGRAM.</DELETED>
<DELETED> (a) Coverage of Certain Young Children.--Section
1076a(k)(2) of title 10, United States Code, is amended by inserting
after ``by reason of'' the following: ``the dependent's young age on
the date of death of the member of''.</DELETED>
<DELETED> (b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.</DELETED>
<DELETED>SEC. 712. COMPTROLLER GENERAL REPORT ON PROVISION OF HEALTH
AND SUPPORT SERVICES FOR EXCEPTIONAL FAMILY MEMBER
PROGRAM ENROLLEES.</DELETED>
<DELETED> (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 and support services in
selected civilian communities near military installations with a high
concentration of EFMP enrollees.</DELETED>
<DELETED> (b) Matters Covered.--The evaluation under subsection (a)
shall include a discussion of the following:</DELETED>
<DELETED> (1) Communities that have high concentrations of
EFMP enrollees that use State and local health and support
services.</DELETED>
<DELETED> (2) Needs of EFMP enrollees, if any, that are not
met by State and local health and support services.</DELETED>
<DELETED> (3) The burdens, financial and otherwise, placed
on State and local health and support services by EFMP
enrollees and their families.</DELETED>
<DELETED> (4) The ability of the TRICARE program to meet the
needs of EFMP enrollees and their families.</DELETED>
<DELETED> (5) Reasons for any limitations of the TRICARE
program, the EFMP, and State and local health and support
services in providing assistance to EFMP enrollees and their
families.</DELETED>
<DELETED> (6) Recommendations for more effectively meeting
the needs of EFMP enrollees and their families.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Definitions.--In this section:</DELETED>
<DELETED> (1) The term ``health 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, and other
such services provided for children and other dependents with
special needs.</DELETED>
<DELETED> (2) The term ``TRICARE program'' has the meaning
given that term in section 1072(7) of title 10, United States
Code.</DELETED>
<DELETED> (e) Report.--Not later than March 31, 2005, the
Comptroller General shall submit to the Armed Services Committees of
the Senate and the House of Representatives a report on the results of
the evaluation required under subsection (a), with findings and
recommendations.</DELETED>
<DELETED>SEC. 713. EXCEPTIONAL ELIGIBILITY FOR TRICARE PRIME
REMOTE.</DELETED>
<DELETED> Section 1079(p) of title 10, United States Code, is
amended--</DELETED>
<DELETED> (1) by redesignating paragraph (4) as paragraph
(5); and</DELETED>
<DELETED> (2) by inserting after paragraph (3) the following
new paragraph:</DELETED>
<DELETED> ``(4) The Secretary of Defense may provide for coverage of
a dependent referred to in subsection (a) who is not described in
paragraph (3) if the Secretary determines that exceptional
circumstances warrant such coverage.''.</DELETED>
<DELETED>SEC. 714. TRANSITION TO HOME HEALTH CARE BENEFIT UNDER SUB-
ACUTE CARE PROGRAM.</DELETED>
<DELETED> Section 1074j of title 10, United States Code, is amended
in subsection (b)(3)--</DELETED>
<DELETED> (1) by inserting ``(A)'' after ``(3)'';
and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(B) The Secretary of Defense shall establish procedures
for the transition to and implementation of the home health care
benefit required by subparagraph (A). The Secretary may provide in such
procedures that covered beneficiaries who, before the implementation of
such benefit, received home health care under this chapter in excess of
such benefit, may continue to receive such care for such time as the
Secretary considers appropriate.''.</DELETED>
<DELETED>SEC. 715. REQUIREMENT RELATING TO PRESCRIPTION DRUG BENEFITS
FOR MEDICARE-ELIGIBLE ENROLLEES UNDER DEFENSE HEALTH CARE
PLANS.</DELETED>
<DELETED> Section 1074g(a)(6) of title 10, United States Code, is
amended--</DELETED>
<DELETED> (1) by inserting ``(A)'' after ``(6)'';
and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 716. PROFESSIONAL ACCREDITATION OF MILITARY
DENTISTS.</DELETED>
<DELETED> Section 1077(c) of title 10, United States Code, is
amended--</DELETED>
<DELETED> (1) by striking ``A'' and inserting ``(1) Except
as provided in paragraph (2), a''; and</DELETED>
<DELETED> (2) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(2)(A) Dependents who have not attained age 13 and who
are participating under a dental plan established under section 1076a
of this title may be treated by post-graduate dental students in
eligible dental treatment facilities if--</DELETED>
<DELETED> ``(i)(I) treatment of pediatric dental patients is
required to comply with American Dental Association
accreditation standards; or</DELETED>
<DELETED> ``(II) pediatric dental training is required to
enable post-graduate dental students to provide dental care for
such dependents outside the United States; and</DELETED>
<DELETED> ``(ii) there are insufficient numbers of children
eligible to be provided dental care under section 1076(a) of
this title to meet such standards or training
requirements.</DELETED>
<DELETED> ``(B) The total number of dependents who may be treated
under this paragraph may not exceed 2,000 in any fiscal year.</DELETED>
<DELETED> ``(C) In this paragraph, an eligible dental treatment
facility is a dental treatment facility with a post-graduate dental
education program accredited by the American Dental
Association.''.</DELETED>
<DELETED>SEC. 717. ADDITION OF CERTAIN UNREMARRIED FORMER SPOUSES TO
PERSONS ELIGIBLE FOR DENTAL INSURANCE PLAN OF RETIREES OF
THE UNIFORMED SERVICES.</DELETED>
<DELETED> (a) Eligibility of Certain Former Spouses for Dental
Coverage.--(1) Section 1076c(b) of title 10, United States Code, is
amended by adding at the end the following new paragraph:</DELETED>
<DELETED> ``(6) A person who--</DELETED>
<DELETED> ``(i) is an unremarried former spouse of a
member described in paragraph (1) or (2);</DELETED>
<DELETED> ``(i) is described in section
1072(2)(F)(i) of this title; and</DELETED>
<DELETED> ``(ii) does not have dental coverage under
an employer-sponsored health plan.''.</DELETED>
<DELETED> (b) Effective Date.--Section 1076c(b)(6) of title 10,
United States Code, as added by subsection (a), shall take effect on
the date of the enactment of this Act.</DELETED>
<DELETED>SEC. 718. WAIVER OF COLLECTION OF PAYMENTS DUE FROM CERTAIN
PERSONS UNAWARE OF LOSS OF CHAMPUS ELIGIBILITY.</DELETED>
<DELETED> (a) Authority To Waive Collection.--The Secretary of
Defense may waive (in whole or in part) the collection of payments
otherwise due from a person described in subsection (b) as a result of
the receipt by the person of health benefits under section 1086 of
title 10, United States Code, after the termination of the person's
eligibility for such benefits and may also authorize continued coverage
of benefits under section 1086 of such title for such person for the
period described in subsection (c).</DELETED>
<DELETED> (b) Persons Eligible.--A person shall be eligible for
relief under subsection (a) if the person--</DELETED>
<DELETED> (1) is a person described in paragraph (1) of
subsection (d) of section 1086, of title 10, United States
Code;</DELETED>
<DELETED> (2) in the absence of such paragraph, would have
been eligible for health benefits under such section;</DELETED>
<DELETED> (3) at the time of the receipt of such benefits,
satisfies the criteria specified in subparagraph (B) of
paragraph (2) of such subsection; and</DELETED>
<DELETED> (4) was unaware of the loss of eligibility to
receive health benefits at the time they were
received.</DELETED>
<DELETED> (c) Extent of Authority.--The authority to waive the
collection of payments and to continue coverage of benefits under this
section shall apply during the period beginning on July 1, 1999, and
ending on December 31, 2004, under terms established by the Secretary
of Defense.</DELETED>
<DELETED> (d) Quarterly Reports.--(1) The Secretary of Defense shall
provide quarterly reports to the Committees on Armed Services of the
Senate and House of Representatives regarding--</DELETED>
<DELETED> (A) efforts by the Department of Defense to
identify persons who satisfy the criteria specified in
subparagraph (B) of subsection (d)(2) of section 1086 of title
10, United States Code, and would be eligible for health
benefits under such section if the criteria specified in
subparagrpah (A) were also satisfied; and</DELETED>
<DELETED> (B) actions taken by the Department with respect
to persons identified under subparagraph (B) of this
paragraph.</DELETED>
<DELETED> (2) The first report under paragraph (1) shall be
submitted not later than 30 days after the end of the first quarter of
fiscal year 2005.</DELETED>
<DELETED>Subtitle C--Planning, Programming, and Management</DELETED>
<DELETED> SEC. 721. PILOT PROGRAM FOR TRANSFORMATION OF HEALTH CARE
DELIVERY.</DELETED>
<DELETED> (a) Findings.--(1) Congress finds the
following:</DELETED>
<DELETED> (A) Historically, providing military health care
to military beneficiaries has centered on building a military
medical treatment facility and providing a full range of
services on a military installation.</DELETED>
<DELETED> (B) Traditionally, in many locations the majority
of military personnel and their dependents who are eligible
beneficiaries of the military health care system do not live on
military installations.</DELETED>
<DELETED> (C) As the cost of repairing, replacing,
recapitalizing, or expanding aging military treatment
facilities and maintaining adequate health care services on
military installations increases, the Department of Defense
will be challenged to find new, more cost-effective ways of
providing enhanced health care for military and civilian
beneficiaries of the Department of Defense health care
system.</DELETED>
<DELETED> (2) In view of these findings, the Secretary of Defense is
directed to examine feasible and cost-effective methods for leveraging
and expanding non-military health care resources to provide health care
to military beneficiaries. Furthermore, the Secretary of Defense shall
conduct a pilot program in accordance with this section.</DELETED>
<DELETED> (b) Pilot Program Purposes.--The Secretary of Defense
shall conduct a pilot program at one or more military installations for
purposes of testing--</DELETED>
<DELETED> (1) the feasibility and cost effectiveness of
expanding use of non-military health care resources,
particularly in cases in which such use would reduce or
eliminate the need for military medical construction
projects;</DELETED>
<DELETED> (2) initiatives that build cooperative health care
arrangements and agreements between military installations and
local and regional non-military health care systems;
and</DELETED>
<DELETED> (3) development of an integrated, long range
business plan for the delivery of health care services for
military beneficiaries, incorporating present and potential
future capabilities in the non-military health care
sector.</DELETED>
<DELETED> (c) Requirements of Pilot Program.--In conducting the
pilot program, the Secretary of Defense shall--</DELETED>
<DELETED> (1) identify and analyze health care delivery
options that range from outsourcing all health care delivery
services to the private sector to providing some health care
services in military facilities located on the
installation;</DELETED>
<DELETED> (2) determine the cost avoidance or savings
resulting from innovative partnerships between the Department
of Defense and the private sector and limiting recapitalization
costs in military facilities;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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; and</DELETED>
<DELETED> (5) develop recommendations for a model health
care delivery system that may be used at other military
installations.</DELETED>
<DELETED> (d) 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.</DELETED>
<DELETED> (e) Selection of Military Installation.--The pilot program
shall be implemented at one or more military installations selected by
the Secretary of Defense. At least one of the selected military
installations shall meet the following criteria:</DELETED>
<DELETED> (1) The military installation is an Army
installation located in a rural area.</DELETED>
<DELETED> (2) 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.</DELETED>
<DELETED> (3) 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.</DELETED>
<DELETED> (4) One or more partnerships exist at the military
installation with civilian health care entities in the form of
limited specialty care services in the military medical
treatment facility on the installation.</DELETED>
<DELETED> (5) There is a military treatment facility on the
installation that does not have inpatient or trauma center care
capabilities.</DELETED>
<DELETED> (6) There is a civilian community hospital within
15 miles of the military installation with limited capability
to expand inpatient care beds, intensive care, and specialty
services.</DELETED>
<DELETED> (7) There is no civilian hospital with a trauma
center within 50 miles from the military
installation.</DELETED>
<DELETED> (f) Duration of Pilot Program.--Implementation of the
pilot program developed under this subsection shall begin not later
than May 1, 2005, and shall be conducted during fiscal years 2005,
2006, and 2007.</DELETED>
<DELETED> (g) Funds.--For fiscal year 2005, not more than $5,000,000
of the amount appropriated pursuant to the authorization for operations
and maintenance for the Defense Health Program in section 303(a) may be
used to conduct the pilot program under this section.</DELETED>
<DELETED> (h) Reports.--Not later than July 1, 2005, the Secretary
of Defense shall submit an interim report to the Committees on Armed
Services of the Senate and of the House of Representatives describing
the details of the pilot program. Not later than July 1, 2007, the
Secretary of Defense shall submit to such committees a final report
describing the results of the pilot program with recommendations for a
model health care delivery system for other military
installations.</DELETED>
<DELETED>SEC. 722. STUDY OF PROVISION OF TRAVEL REIMBURSEMENT TO
HOSPITALS FOR CERTAIN MILITARY DISABILITY
RETIREES.</DELETED>
<DELETED> (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, for a combat-related disability (as defined in section
1413a(e) of that title) 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 723. STUDY OF MENTAL HEALTH SERVICES.</DELETED>
<DELETED> (a) Study Required.--The Secretary of Defense shall
conduct a study of mental health services available to members of the
Armed Forces.</DELETED>
<DELETED> (b) Persons Covered.--The study shall evaluate the
availability and effectiveness of existing mental health treatment and
screening resources--</DELETED>
<DELETED> (1) for members of the Armed Forces during a
deployment to a combat theater;</DELETED>
<DELETED> (2) for members of the Armed Forces returning from
a deployment to a combat theater, both--</DELETED>
<DELETED> (A) in the short-term, post-deployment
period; and</DELETED>
<DELETED> (B) in the long-term, following the post-
deployment period;</DELETED>
<DELETED> (3) for the families of members of the Armed
Forces who have been deployed to a combat theater during the
time of the deployment;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (5) for members of the Armed Forces and their
families described in this subsection who are members of
Reserve components.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the extent to which existing confidentiality
regulations, or lack thereof, inhibit members of the Armed
Forces from seeking mental health treatment;</DELETED>
<DELETED> (2) the implications that a decision to seek
mental health services can have on a military career;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Report.--The Secretary of Defense shall submit to
Congress a report on the study conducted under this section not later
than 90 days after the date of the enactment of this Act. The report
shall contain the results of the study and make specific
recommendations--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) for removing or mitigating any obstacles
identified under subsection (c); and</DELETED>
<DELETED> (3) for steps that can be taken by the Department
of Defense or Congress to bring parity to mental health
services available to members of Reserve components and members
of the Armed Forces on active duty.</DELETED>
<DELETED>TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS</DELETED>
<DELETED>Subtitle A--Amendments to General Contracting Authorities,
Procedures, and Limitations</DELETED>
<DELETED>SEC. 801. RAPID ACQUISITION AUTHORITY TO RESPOND TO COMBAT
EMERGENCIES.</DELETED>
<DELETED> (a) In General.--Chapter 141 of title 10, United States
Code, is amended by adding at the end the following new
section:</DELETED>
<DELETED>``Sec. 2410p. Rapid acquisition authority to respond to combat
emergencies</DELETED>
<DELETED> ``(a) Rapid Acquisition Authority.--The Secretary of
Defense may rapidly acquire, in accordance with this section, equipment
needed by a combatant commander to eliminate a combat capability
deficiency that has resulted in combat fatalities.</DELETED>
<DELETED> ``(b) Process for Rapid Acquisition.--Not later than 30
days after the date of the enactment of this section, the Secretary of
Defense shall develop a process for the rapid acquisition authority
provided by subsection (a) and submit to Congress a detailed
explanation of the process, including procedures to be followed in
carrying out the process. The process shall provide for the
following:</DELETED>
<DELETED> ``(1) A requirement that the process may be used
only to acquire the minimum amount of equipment needed until
the needs of the combatant commander can be fulfilled under
existing acquisition statutes, policies, directives, and
regulations.</DELETED>
<DELETED> ``(2) A goal of awarding a contract for the
equipment within 15 days after receipt of a request from a
commander.</DELETED>
<DELETED> ``(3) In a case in which the equipment cannot be
acquired without an extensive delay, a requirement for an
interim solution to minimize the combat capability deficiency
and combat fatalities until the equipment can be
acquired.</DELETED>
<DELETED> ``(4) Waiver of the applicability of all policies,
directives, and regulations related to--</DELETED>
<DELETED> ``(A) the establishment of the requirement
for the equipment;</DELETED>
<DELETED> ``(B) the research, development, test, and
evaluation of the equipment; and</DELETED>
<DELETED> ``(C) the solicitation and selection of
sources, and the award of the contract, for procurement
of the equipment.</DELETED>
<DELETED> ``(5) Such other procedures or requirements as the
Secretary considers appropriate.</DELETED>
<DELETED> ``(c) Waiver of Certain Statutes.--For purposes of
exercising the authority provided by subsection (a) with respect to
equipment, laws relating to the following shall not apply:</DELETED>
<DELETED> ``(A) The establishment of the requirement for the
equipment.</DELETED>
<DELETED> ``(B) The research, development, test, and
evaluation of the equipment.</DELETED>
<DELETED> ``(C) The solicitation and selection of sources,
and the award of the contract, for procurement of the
equipment.</DELETED>
<DELETED> ``(d) Limitations.--The rapid acquisition authority
provided by subsection (a) may be used only--</DELETED>
<DELETED> ``(1) after the Secretary of Defense, without
delegation, determines in writing that there exists a combat
capability deficiency that has resulted in combat fatalities;
and</DELETED>
<DELETED> ``(2) to acquire equipment in an amount
aggregating not more than $100,000,000 during a fiscal
year.</DELETED>
<DELETED> ``(e) Source of Funds.--For acquisitions under this
section to be made during any fiscal year, the Secretary may use any
funds made available to the Department of Defense for that fiscal
year.</DELETED>
<DELETED> ``(f) Notification to Congress After Each Use of
Authority.--The Secretary of Defense shall notify the congressional
defense committees within 15 days after each use of the authority
provided by subsection (a). Each such notice shall identify the
equipment to be acquired, the amount to be expended for such
acquisition, and the source of funds for such acquisition.</DELETED>
<DELETED> ``(g) Combatant Commander.--In this section, the term
`combatant commander' means the commander of a unified combatant
command with authority for the conduct of operations in a specific area
of responsibility or who otherwise has authority to conduct operations
at the direction of the President or Secretary of Defense.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the following
new item:</DELETED>
<DELETED>``2410p. Rapid acquisition authority to respond to combat
emergencies.''.
<DELETED>SEC. 802. DEFENSE ACQUISITION WORKFORCE CHANGES.</DELETED>
<DELETED> (a) Selection Criteria and Procedures.--Section
1732(b)(1)(A) of title 10, United States Code, is amended by striking
``within grade GS-13 or above of the General Schedule'' and inserting
``in any position designated by the Secretary of Defense''.</DELETED>
<DELETED> (b) Critical Acquisition Positions.--Section 1733 of such
title is amended by striking subsection (b) and inserting the
following:</DELETED>
<DELETED> ``(b) Designation of Critical Acquisition.--(1) The
Secretary of Defense shall designate the acquisition positions in the
Department of Defense that are critical acquisition positions. Such
positions shall include the following:</DELETED>
<DELETED> ``(A) Program executive officer.</DELETED>
<DELETED> ``(B) Program manager of a major defense
acquisition program (as defined in section 2430 of this title)
or of a significant nonmajor defense acquisition program (as
defined in section 1737(a)(3) of this title).</DELETED>
<DELETED> ``(C) Deputy program manager of a major defense
acquisition program.</DELETED>
<DELETED> ``(D) Any other acquisition position of
significant responsibility determined by the Secretary to be
critical.</DELETED>
<DELETED> ``(2) The Secretary shall annually publish a list of the
positions designated under this subsection.''.</DELETED>
<DELETED> (c) Scholarship Programs.--Section 1742 of such title is
amended--</DELETED>
<DELETED> (1) by inserting ``(a) Programs.--'' at the
beginning of the text; and</DELETED>
<DELETED> (2) by adding at the end the following new
subsection:</DELETED>
<DELETED> ``(b) Scholarship Program Requirements.--With respect to
any scholarship program conducted under this section, the Secretary of
Defense and the participant shall agree in writing to the terms of the
scholarship. The agreement shall include the obligations of the
Secretary and the participant, as well as actions available for either
party to take if there is a failure to meet the obligations under the
agreement.''.</DELETED>
<DELETED>SEC. 803. LIMITATION ON TASK AND DELIVERY ORDER
CONTRACTS.</DELETED>
<DELETED> Subsection 2304a(f) of title 10, United States Code, is
amended to read as follows:</DELETED>
<DELETED> ``(f) Contract Period.--The head of an agency entering
into a task or delivery order contract under this section may provide
for the contract to cover any base 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 to the
contract.''.</DELETED>
<DELETED>SEC. 804. FUNDING FOR CONTRACT CEILINGS FOR CERTAIN MULTIYEAR
PROCUREMENT CONTRACTS.</DELETED>
<DELETED> (a) Multiyear Contracts Relating to Property.--Section
2306b(g) of title 10, United States Code, is amended--</DELETED>
<DELETED> (1) by inserting ``(1)'' before ``Before
any'';</DELETED>
<DELETED> (2) by striking ``Committee'' through ``House of
Representatives'' and inserting ``congressional defense
committees''; and</DELETED>
<DELETED> (3) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the cancellation ceiling amounts planned for
each program year in the proposed multiyear procurement
contract, together with the reasons for the amounts
planned;</DELETED>
<DELETED> ``(B) the extent to which costs of contract
cancellation are not included in the budget for the contract;
and</DELETED>
<DELETED> ``(C) a financial risk assessment of not including
budgeting for costs of contract cancellation, including
proposed funding sources to meet such cancellation costs if the
contract is canceled.''.</DELETED>
<DELETED> (b) Multiyear Contracts Relating to Services.--Section
2306c(d) of title 10, United States Code, is amended--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) by amending paragraph (5) to read as
follows:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the cancellation ceiling amounts planned for
each program year in the proposed multiyear procurement
contract, together with the reasons for the amounts
planned;</DELETED>
<DELETED> ``(B) the extent to which costs of contract
cancellation are not included in the budget for the contract;
and</DELETED>
<DELETED> ``(C) a financial risk assessment of not including
budgeting for costs of contract cancellation, including
proposed funding sources to meet such cancellation costs if the
contract is canceled.''</DELETED>
<DELETED>SEC. 805. INCREASED THRESHOLD FOR REQUIRING CONTRACTORS TO
PROVIDE SPECIFIED EMPLOYEE INFORMATION TO COOPERATIVE
AGREEMENT HOLDERS.</DELETED>
<DELETED> Section 2416(d) of title 10, United States Code, is
amended by striking ``$500,000'' and inserting
``$1,000,000''.</DELETED>
<DELETED>SEC. 806. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED
ACQUISITION PROCEDURES.</DELETED>
<DELETED> 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 ``October 1,
2009''.</DELETED>
<DELETED>SEC. 807. AUTHORITY TO ADJUST ACQUISITION-RELATED DOLLAR
THRESHOLDS FOR INFLATION.</DELETED>
<DELETED> (a) Inflation Adjustment Authority.--The FAR Council and
the heads of executive agencies may adjust the dollar thresholds in
procurement laws in order to maintain the constant dollar value of the
threshold, taking into account the effect of inflation on the
threshold.</DELETED>
<DELETED> (b) Limitation on Exercise of Authority.--Adjustments of
dollar thresholds under subsection (a) may be carried out--</DELETED>
<DELETED> (1) by the FAR Council only with respect to
procurement laws that apply to executive agencies generally;
and</DELETED>
<DELETED> (2) by the head of an executive agency only with
respect to procurement laws that apply to that agency
exclusively.</DELETED>
<DELETED> (c) Additional Requirements.--In adjusting a threshold
under subsection (a), the FAR Council and the head of an agency shall--
</DELETED>
<DELETED> (2) consult with the Director of the Office of
Management and Budget;</DELETED>
<DELETED> (3) round the threshold, to facilitate
implementation; and</DELETED>
<DELETED> (4) publish the adjusted threshold in the Federal
Register.</DELETED>
<DELETED> (d) Exclusions.--This section does not apply to--
</DELETED>
<DELETED> (1) dollar thresholds in sections 3141 through
3144, 3146, and 3147 of title 40, United States Code;</DELETED>
<DELETED> (2) dollar thresholds in the Service Contract Act
of 1965 (41 U.S.C. 351, et seq.); or</DELETED>
<DELETED> (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.).</DELETED>
<DELETED> (e) Definitions.--In this section:</DELETED>
<DELETED> (1) The term ``procurement law'' means any
provision of law that sets forth policies, procedures,
requirements, or restrictions for the procurement of property
or services by the Federal Government.</DELETED>
<DELETED> (2) The terms ``executive agency'' and
``procurement'' have the meanings provided by section 4(1) of
the Office of Federal Procurement Policy Act (41 U.S.C.
403(1))</DELETED>
<DELETED> (3) The term ``FAR Council'' means the Federal
Acquisition Regulatory Council established under section 25 of
the Office of Federal Procurement Policy Act (41 U.S.C.
421)).</DELETED>
<DELETED>Subtitle B--United States Defense Industrial Base
Provisions</DELETED>
<DELETED>SEC. 811. DEFENSE TRADE RECIPROCITY.</DELETED>
<DELETED> (a) In General.--Chapter 148 of title 10, United States
Code, is amended by inserting after section 2532 the following new
section:</DELETED>
<DELETED>``Sec. 2532a. Defense trade reciprocity</DELETED>
<DELETED> ``(a) Policy.--(1) It is the policy of Congress that
procurement regulations used in the conduct of trade in defense
articles and defense services shall 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 for military system essential
items.</DELETED>
<DELETED> ``(2) 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 or similar requirements in defense procurements by
those governments. In pursuing this goal, the Secretary shall--
</DELETED>
<DELETED> ``(A) develop a comprehensive defense acquisition
trade policy that provides the necessary guidance and
incentives for the elimination of offset agreements as an
accepted practice in defense trade; and</DELETED>
<DELETED> ``(B) 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.</DELETED>
<DELETED> ``(b) Requirement.--The Secretary of Defense may not enter
into a contract, or approve or permit any subcontract under a contract
entered into by the Department of Defense, for the procurement of any
defense article or defense service from a foreign firm unless the
country in which the foreign firm performs substantially all of its
manufacturing, production, and research and development activities in
the performance of the contract (or subcontract) agrees to apply offset
agreements to the procurement of defense articles and defense services
from the United States firms in the same manner and to the same degree
as such agreements are applied by the Department of Defense to the
procurement of defense articles and defense services from that
country.</DELETED>
<DELETED> ``(c) Exception.--Subsection (b) does not apply to a
contract or subcontract for the procurement of a defense article or
defense service from a foreign firm if the Secretary of Defense
determines in writing, with respect to the specific contract or
subcontract, that an exception to subsection (b) is necessary for the
Department to be able to meet national security objectives.</DELETED>
<DELETED> ``(d) Notification Required When Exception Applied.--The
Secretary of Defense may not apply an exception under subsection (c)
until--</DELETED>
<DELETED> ``(1) a notification of the intent to apply such
exception is submitted to the congressional defense committees
and published in the Federal Register; and</DELETED>
<DELETED> ``(2) a period of 30 days has expired after the
date on which such notification is so submitted and
published.</DELETED>
<DELETED> ``(e) Authority to Apply Exception Not Delegable.--The
authority of the Secretary to apply the exception under subsection (c)
may not be delegated to any officer or employee in a position at a
level lower than the position of the Under Secretary of Defense for
Acquisition, Technology, and Logistics.-</DELETED>
<DELETED> ``(f) Regulations.--The Secretary shall prescribe
regulations to implement this section in the Department of Defense
supplement to the Federal Acquisition Regulation.</DELETED>
<DELETED> ``(g) Effective Date.--This section and the regulations
prescribed under this section shall apply to contracts and subcontracts
entered into on and after the date occurring one year after the date of
the enactment of this Act.</DELETED>
<DELETED> ``(h) Definitions.--In this section:</DELETED>
<DELETED> ``(1) The term `foreign firm' means a business
entity that performs substantially all of its manufacturing,
production, and research and development activities outside of
the United States.</DELETED>
<DELETED> ``(2) The term `United States firm' means a
business entity that performs substantially all of its
manufacturing, production, and research and development
activities in the United States.</DELETED>
<DELETED> ``(3) The term `foreign defense trade partner'
means a foreign country with respect to which there is--
</DELETED>
<DELETED> ``(A) a memorandum of understanding or
related agreement described in section 2531(a) of title
10, United States Code; or</DELETED>
<DELETED> ``(B) a cooperative project agreement
described in section 27 of the Arms Export Control Act
(22 U.S.C. 2767).</DELETED>
<DELETED> ``(4) 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)).</DELETED>
<DELETED> ``(5) 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)).</DELETED>
<DELETED> ``(6) The term `military system essential item'
means an item on the military system essential item breakout
list produced pursuant to section 813(b) of the National
Defense Authorization Act for Fiscal Year 2004 (P.L. 108-136;
117 Stat. 1544).''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the following
new item:</DELETED>
<DELETED>``2532a. Defense trade reciprocity.''.
<DELETED>SEC. 812. AMENDMENTS TO DOMESTIC SOURCE
REQUIREMENTS.</DELETED>
<DELETED> (a) Notice.--Section 2533a of title 10, United States
Code, is amended by adding at the end the following new
subsection:</DELETED>
<DELETED> ``(k) Notification Required When Certain Exceptions
Applied.--(1) Funds appropriated or otherwise available to the
Department of Defense may not be used to enter into a contract to
procure an item described in subsection (b) pursuant to an exception
set forth in subsection (c) or (e) until--</DELETED>
<DELETED> ``(A) a notification of the intent to apply such
exception is submitted to Congress and posted on the website
maintained by the General Services Administration known as
FedBizOpps.gov (or any successor site); and</DELETED>
<DELETED> ``(B) a period of 15 days has expired after the
date on which such notification is so submitted and
published.</DELETED>
<DELETED> ``(2) In any case in which the Secretary of Defense or the
Secretary of the military department concerned intends to apply or
applies the exception set forth in subsection (d)(1), the Secretary
concerned shall submit to Congress a notification of such intent or
such application during the period beginning six months before the date
of application of such exception and ending six months after the date
of application of such exception.''.</DELETED>
<DELETED> (b) Clothing Materials and Components Covered.--Subsection
(b) of section 2533a of title 10, United States Code, is amended in
paragraph (1)(B) by inserting before the semicolon the following: ``and
the materials and components thereof, other than sensors, electronics,
or other items added to, and not normally associated with, clothing
(and the materials and components thereof)''.</DELETED>
<DELETED>SEC. 813. THREE-YEAR EXTENSION OF RESTRICTION ON ACQUISITION
OF POLYACRYLONITRILE (PAN) CARBON FIBER FROM FOREIGN
SOURCES.</DELETED>
<DELETED> The Secretary of Defense shall delay by three years 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). In implementing such delay, the Secretary shall revise the
appplicable regulations to ensure that such restriction applies to--
</DELETED>
<DELETED> (1) solicitations and contracts issued on or
before May 31, 2006, for major systems that are not yet in
production; and</DELETED>
<DELETED> (2) solicitations and contracts issued during the
period beginning June 1, 2006, and ending May 31, 2008, for
major systems that are not yet in engineering and manufacturing
development.</DELETED>
<DELETED>SEC. 814. GRANT PROGRAM FOR DEFENSE CONTRACTORS TO IMPLEMENT
STRATEGIES TO AVOID OUTSOURCING OF JOBS.</DELETED>
<DELETED> (a) Grant Program Authorized.--The Secretary of Defense
may make grants under this section for fiscal year 2005 to qualified
defense contractor groups for the purposes described in subsection
(b).</DELETED>
<DELETED> (b) Grant Purposes.--A grant may be made under this
section for the purpose of implementing a strategy to avoid the
outsourcing of jobs by a defense contractor, including the following
strategies:</DELETED>
<DELETED> (1) Cost-cutting measures.</DELETED>
<DELETED> (2) Retraining programs.</DELETED>
<DELETED> (3) Technology development.</DELETED>
<DELETED> (4) Plant upgrades.</DELETED>
<DELETED> (c) Application.--A grant may not be awarded under this
section unless an application is submitted to, and approved by, the
Secretary. Such an application--</DELETED>
<DELETED> (1) shall be submitted by a qualified defense
contractor group in such form and manner as the Secretary may
require; and</DELETED>
<DELETED> (2) shall contain--</DELETED>
<DELETED> (A) a description of the strategy proposed
for avoiding the outsourcing of at least 10 jobs in the
performance of a defense contract by the defense
contractor concerned; and</DELETED>
<DELETED> (B) such other information as the
Secretary may require.</DELETED>
<DELETED> (d) Definitions.--In this section:</DELETED>
<DELETED> (1) The term ``qualified defense contractor
group'', with respect to a defense contractor, is a group or
person representing--</DELETED>
<DELETED> (A) management of the
contractor;</DELETED>
<DELETED> (B) a labor organization that represents
employees of the contractor; or</DELETED>
<DELETED> (C) employees of the contractor.</DELETED>
<DELETED> (2) The term ``outsourcing'', with respect to a
defense contract, includes the performance outside the United
States of work under the contract.</DELETED>
<DELETED> (e) Federal Share.--The Federal share of the costs of the
strategy carried out with a grant under this section may not exceed 50
percent.</DELETED>
<DELETED> (f) Use of Defense Industrial Capabilities Fund for
Grants.--(1) Notwithstanding section 814(c) of the National Defense
Authorization Act for Fiscal Year 2004 (P.L. 108-136; 117 Stat. 1545),
amounts in the Defense Industrial Base Capabilities Fund may be used
for grants under this section.</DELETED>
<DELETED> (2) For fiscal year 2005, up to $50,000,000 of amounts
available in such Fund may be used to carry out this section.</DELETED>
<DELETED> (g) Authorization of Funds.--There are authorized to be
appropriated to the Defense Industrial Base Capabilities Fund
$50,000,000 for purposes of providing grants under this
section.</DELETED>
<DELETED>SEC. 815. PREFERENCE FOR DOMESTIC FREIGHT FORWARDING
SERVICES.</DELETED>
<DELETED> (a) Preference.--In the procurement of transportation
services described in subsection (b), the Secretary of Defense shall
give preference to any freight forwarder that--</DELETED>
<DELETED> (1) certifies to the Department of Defense that it
is owned and controlled by citizens of the United States;
and</DELETED>
<DELETED> (2) offers services at fair and reasonable
rates.</DELETED>
<DELETED> (b) Services Covered.--Subsection (a) applies to
transportation services to, from, or within Iraq or Afghanistan, and
warehousing, logistics, or other similar services performed within Iraq
or Afghanistan.</DELETED>
<DELETED>Subtitle C--Other Acquisition Matters</DELETED>
<DELETED>SEC. 821. SUSTAINMENT AND MODERNIZATION PLANS FOR EXISTING
SYSTEMS WHILE REPLACEMENT SYSTEMS ARE UNDER
DEVELOPMENT.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Sec. 2437. Development of major defense acquisition
programs: sustainment and modernization of system to be
replaced</DELETED>
<DELETED> ``(a) Requirement for Sustaining and Modernizing 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 and modernization plan) for the existing
system that the system under development is intended to replace. Any
such sustainment and modernization plan shall provide for budgeting,
sustaining, and modernizing the existing system until the replacement
system to be developed under the major defense acquisition program is
fielded and assumes the majority 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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Sustainment and Modernization Plan.--The Secretary
of Defense shall require that each sustainment and modernization plan
under this section include, at a minimum, the following:</DELETED>
<DELETED> ``(1) The milestone schedule for the development
of the major defense acquisition program, including low-rate
initial production, initial operational capability, full-rate
production, full operational capability, and the date when the
replacement system assumes the majority responsibility for the
mission of the existing system.</DELETED>
<DELETED> ``(2) An analysis of the existing system to
determine the following:</DELETED>
<DELETED> ``(A) A sustainment plan and budget
requirements necessary to provide service life
extension to the existing system at acceptable
reliability and availability rates.</DELETED>
<DELETED> ``(B) A modernization plan and budget
requirements necessary to maintain mission capability
against the relevant threats.</DELETED>
<DELETED> ``(C) A modernization plan and budget
requirements necessary--</DELETED>
<DELETED> ``(i) to transfer mature
technologies from the new system or other
systems so that the mission capability of the
existing system is enhanced against relevant
threats; and</DELETED>
<DELETED> ``(ii) to 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.</DELETED>
<DELETED> ``(c) Annual Review.--Each fiscal year, before the
submission to Congress of the President's budget for the next fiscal
year, the Secretary of Defense shall review the schedule performance of
each replacement major defense acquisition program for which a
sustainment and modernization plan has been developed under this
section to compare that performance with the schedule set forth under
subsection (b)(1). If the schedule for the program has changed, then
the Secretary shall notify the congressional defense committees of such
change.</DELETED>
<DELETED> ``(d) Exceptions.--Subsection (a) shall not apply to a
major defense acquisition program if the Secretary of Defense
determines that--</DELETED>
<DELETED> ``(1) the existing system is no longer relevant to
the mission;</DELETED>
<DELETED> ``(2) the mission has been eliminated;</DELETED>
<DELETED> ``(3) the mission has been consolidated with
another mission in such a manner that another existing system
can adequately meet the mission requirements; or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(e) 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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``2437. Development of major defense acquisition programs:
sustainment and modernization of system to
be replaced.''.
<DELETED> (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
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 and modernization 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.</DELETED>
<DELETED>SEC. 822. REVIEW AND DEMONSTRATION PROJECT RELATING TO
CONTRACTOR EMPLOYEES.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (2) In conducting the review, the Secretary shall--
</DELETED>
<DELETED> (A) identify potential weaknesses and areas for
improvement in existing policies, procedures, practices, and
penalties;</DELETED>
<DELETED> (B) develop and implement reforms to strengthen,
upgrade, and improve policies, procedures, practices, and
penalties of the Department of Defense and its contractors;
and</DELETED>
<DELETED> (C) review and analyze reforms developed pursuant
to this paragraph to identify for purposes of national
implementation those which are most efficient and
effective.</DELETED>
<DELETED> (3) The review under this subsection shall be completed
not later than 180 days after the date of the enactment of this
Act.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Demonstration Project Procurement Procedures.--As part
of the demonstration project under subsection (b), the Secretary of
Defense shall 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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 823. DEFENSE ACQUISITION WORKFORCE LIMITATION AND
REPORTS.</DELETED>
<DELETED> (a) Defense Acquisition and Support Personnel
Limitation.--(1) Effective October 1, 2005, the number of defense
acquisition and support personnel in the Department of Defense may not
exceed 95 percent of the baseline number.</DELETED>
<DELETED> (2) For purposes of paragraph (1), the baseline number is
the number of defense acquisition and support personnel as of October
1, 2004.</DELETED>
<DELETED> (3) All determinations of personnel strengths for purposes
of this section shall be on the basis of full-time equivalent
positions.</DELETED>
<DELETED> (b) GAO Study and Report on Defense Acquisition and
Support Personnel.--(1) The Comptroller General shall conduct a study
of Department of Defense management of defense acquisition and support
personnel. The study shall include--</DELETED>
<DELETED> (A) an analysis of the number and structure of
defense acquisition and support personnel; and</DELETED>
<DELETED> (B) an assessment of the size, mission,
composition, and projected workload requirements of defense
acquisition and support personnel.</DELETED>
<DELETED> (2) 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 study conducted under this subsection not
later than March 1, 2005.</DELETED>
<DELETED> (c) Defense Acquisition University Study and Report on
Defense Acquisition and Support Personnel.--(1) The Defense Acquisition
University shall conduct a study of all the training programs offered
to defense acquisition and support personnel.</DELETED>
<DELETED> (2) The Defense Acquisition University shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the study conducted under
this subsection not later than March 1, 2005. The report shall
include--</DELETED>
<DELETED> (A) the number of individuals currently certified
within the field they are working in; and</DELETED>
<DELETED> (B) recommendations on how to improve education
and productivity for defense acquisition and support personnel,
including recommendations for additional training program
requirements.</DELETED>
<DELETED> (d) Definition.--In this section, the term ``defense
acquisition and support personnel'' means members of the Armed Forces
and civilian personnel (other than civilian personnel who are employed
at a maintenance depot) who are assigned to, or employed in,
acquisition organizations of the Department of Defense (as specified in
Department of Defense Instruction numbered 5000.58, dated January 14,
1992), and any other organization that, as determined by the Secretary,
has acquisition as its predominant mission.</DELETED>
<DELETED>SEC. 824. PROVISION OF INFORMATION TO CONGRESS TO ENHANCE
TRANSPARENCY IN CONTRACTING.</DELETED>
<DELETED> Upon request of the chairman or ranking member of the
Committee on Armed Services of the Senate or House of Representatives,
the Secretary of Defense shall provide, with respect to any contract or
task or delivery order under a task or delivery order contract entered
into by the Department of Defense, within 14 days after receipt of the
request, unredacted copies of any documents required to be maintained
in the contracting office contract file, the contract administration
office contract file, and the paying office contract file pursuant to
subpart 4.8 of the Federal Acquisition Regulation, including--
</DELETED>
<DELETED> (1) copies of the contract and all
modifications;</DELETED>
<DELETED> (2) orders issued under the contract;</DELETED>
<DELETED> (3) justifications and approvals;</DELETED>
<DELETED> (4) any government estimate of contract
price;</DELETED>
<DELETED> (5) source selection documentation;</DELETED>
<DELETED> (6) cost or price analysis;</DELETED>
<DELETED> (7) audit reports;</DELETED>
<DELETED> (8) justification for type of contract;</DELETED>
<DELETED> (9) authority for deviations from regulations,
statutory requirements, or other restrictions;</DELETED>
<DELETED> (10) bills, invoices, vouchers, and supporting
documents; and</DELETED>
<DELETED> (11) records of payments or receipts.</DELETED>
<DELETED>SEC. 825. REQUIREMENT TO TREAT SURETIES IN SAME MANNER AS
FINANCING INSTITUTIONS WHEN CONTRACTORS
DEFAULT.</DELETED>
<DELETED> (a) Amendment to Title 31.--Section 3727(c) of title 31,
United States Code, is amended by inserting ``surety on a bond provided
in connection with a contract or other'' before ``financing
institution''.</DELETED>
<DELETED> (b) Amendment to Revised Statutes.--Section 3737(b) of the
Revised Statutes (41 U.S.C. 15) is amended in the first sentence by
inserting ``surety on a bond provided in connection with a contract,''
before ``or other financing institution''.</DELETED>
<DELETED>SEC. 826. PROVISIONS RELATING TO CREATION OF JOBS IN THE
UNITED STATES BY DEFENSE CONTRACTORS.</DELETED>
<DELETED> (a) Authority to Exclude Certain Sources on Basis of
Creation of Jobs in United States.--Section 2304(b)(1) of title 10,
United States Code, is amended--</DELETED>
<DELETED> (1) by striking ``or'' at the end of subparagraph
(E);</DELETED>
<DELETED> (2) by striking the period at the end of
subparagraph (F) and inserting ``; or''; and</DELETED>
<DELETED> (3) by adding at the end the following new
subparagraph:</DELETED>
<DELETED> ``(G) would create jobs in the United
States.''.</DELETED>
<DELETED> (b) Requirement To Include Creation of Jobs in United
States as Evalation Factor.--(1) Section 2305(a)(3)(A) of title 10,
United States Code, is amended--</DELETED>
<DELETED> (A) by striking ``and'' at the end of clause
(ii);</DELETED>
<DELETED> (B) by redesignating clause (iii) as clause (iv);
and</DELETED>
<DELETED> (C) by inserting after clause (ii) the following
new clause:</DELETED>
<DELETED> ``(iii) shall include the creation of jobs in the
United States as an evaluation factor that must be considered
in the evaluation of proposals; and''.</DELETED>
<DELETED> (2) Section 2305(a)(3)(B) of such title is amended by
striking ``clause (iii)'' and inserting ``clause (iv)''.</DELETED>
<DELETED>TITLE IX--DEPARTMENT OF
DEFENSE ORGANIZATION AND MANAGEMENT</DELETED>
<DELETED>SEC. 901. CHANGE IN TITLE OF SECRETARY OF THE NAVY TO
SECRETARY OF THE NAVY AND MARINE CORPS.</DELETED>
<DELETED> (a) Change in Title.--The position of the Secretary of the
Navy is hereby redesignated as the Secretary of the Navy and Marine
Corps.</DELETED>
<DELETED> (b) References.--Any reference to the Secretary of the
Navy in any law, regulation, document, record, or other paper of the
United States shall be considered to be a reference to the Secretary of
the Navy and Marine Corps.</DELETED>
<DELETED>SEC. 902. TRANSFER OF CENTER FOR THE STUDY OF CHINESE MILITARY
AFFAIRS FROM NATIONAL DEFENSE UNIVERSITY TO UNITED
STATES-CHINA ECONOMIC AND SECURITY REVIEW
COMMISSION.</DELETED>
<DELETED> (a) Transfer.--The Center for the Study of Chinese
Military Affairs established by section 914 of the National Defense
Authorization Act for Fiscal Year 2000 (10 U.S.C. 2165 note) is
transferred from the National Defense University of the Department of
Defense to the United States-China Economic and Security Review
Commission.</DELETED>
<DELETED> (b) Conforming Amendment.--Subsection (a) of section 914
of the National Defense Authorization Act for 2000 (10 U.S.C. 2165
note) is amended to read as follows:</DELETED>
<DELETED> ``(a) Establishment.--There shall be a Center for the
Study of Chinese Military Affairs organized under the United States-
China Economic and Security Review Commission established by section
1238 of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (22 U.S.C. 7002).''.</DELETED>
<DELETED> (c) Repeal of Obsolete Provisions.--Such section is
further amended by striking subsections (d) and (e).</DELETED>
<DELETED> (d) Technical Amendments to Commission Charter.--(1)
Section 1238(c) of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (22 U.S.C. 7002) is amended--</DELETED>
<DELETED> (1) in paragraph (1)--</DELETED>
<DELETED> (A) by striking ``(beginning in 2002)'';
and</DELETED>
<DELETED> (B) by adding at the end the following new
sentence: ``The report shall include a full discussion
of the activities of the Commission under each of the
subparagraphs of paragraph (2).''; and</DELETED>
<DELETED> (2) in paragraph (2)--</DELETED>
<DELETED> (A) by striking the matter preceding
subparagraph (A) and inserting the following:</DELETED>
<DELETED> ``(2) Areas of focus.--The Commission shall focus,
in lieu of any other area of work or study, on the
following:''; and</DELETED>
<DELETED> (B) by replacing subparagraphs (A) through
(J) with the text of subparagraphs (A) through (I) of
section 2(c)(2) of division P of Public Law 108-7 (22
U.S.C. 7002 note).</DELETED>
<DELETED> (2) Section 2(c)(2) of division P of Public Law 108-7 (22
U.S.C. 7002 note) is repealed.</DELETED>
<DELETED> (e) Effective Date.--Subsection (a) and the amendment made
by subsection (b) shall take effect at the end of the 90-day period
beginning on the date of the enactment of this Act.</DELETED>
<DELETED>SEC. 903. TRANSFER TO SECRETARY OF THE ARMY OF RESPONSIBILITY
FOR ASSEMBLED CHEMICAL WEAPONS ALTERNATIVES
PROGRAM.</DELETED>
<DELETED> Effective January 1, 2005, the text of section 142 of the
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 50 U.S.C. 1521 note) is amended to read as
follows:</DELETED>
<DELETED> ``(a) Program Management.--(1) The program manager for the
Assembled Chemical Weapons Alternatives program shall report to the
Secretary of the Army.</DELETED>
<DELETED> ``(2) The Secretary of the Army shall provide for that
program to be managed as part of the management organization within the
Department of the Army specified in section 1412(e) of Public Law 99-
145 (50 U.S.C. 1521(e)).</DELETED>
<DELETED> ``(b) Continued Implementation of Previously Selected
Alternative Technologies.--(1) In carrying out the destruction of
lethal chemical munitions at Pueblo Chemical Depot, Colorado, the
Secretary of the Army shall continue to implement fully the alternative
technology for such destruction at that depot selected by the Under
Secretary of Defense for Acquisition, Technology, and Logistics on July
16, 2002.</DELETED>
<DELETED> ``(2) In carrying out the destruction of lethal chemical
munitions at Blue Grass Army Depot, Kentucky, the Secretary of the Army
shall continue to implement fully the alternative technology for such
destruction at that depot selected by the Under Secretary of Defense
for Acquisition, Technology, and Logistics on February 3,
2003.''.</DELETED>
<DELETED>SEC. 904. MODIFICATION OF OBLIGATED SERVICE REQUIREMENTS UNDER
NATIONAL SECURITY EDUCATION PROGRAM.</DELETED>
<DELETED> (a) In General.--Subsection (b)(2) of section 802 of the
David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902)
is amended by striking subparagraphs (A) and (B), as added by section
925(a) of the National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 117 Stat. 1578), and inserting the
following:</DELETED>
<DELETED> ``(A) in the case of a recipient of a
scholarship, as soon as practicable but in no case
later than three years after the completion by the
recipient of the study for which scholarship assistance
was provided under the program, the recipient shall
work for a period of one year--</DELETED>
<DELETED> ``(i) in a national security
position that the Secretary certifies is
appropriate to use the unique language and
region expertise acquired by the recipient
pursuant to such study in the Department of
Defense, in any element of the intelligence
community, in the Department of Homeland
Security, or in the Department of State;
or</DELETED>
<DELETED> ``(ii) in such a position in any
other Federal department or agency not referred
to in clause (i) if the recipient demonstrates
to the Secretary that no position is available
in a Federal department or agency specified in
clause (i); or</DELETED>
<DELETED> ``(B) in the case of a recipient of a
fellowship, as soon as practicable but in no case later
than two years after the completion by the recipient of
the study for which fellowship assistance was provided
under the program, the recipient shall work for a
period equal to the duration of assistance provided
under the program, but in no case less than one year--
</DELETED>
<DELETED> ``(i) in a position described in
subparagraph (A)(i) that the Secretary
certifies is appropriate to use the unique
language and region expertise acquired by the
recipient pursuant to such study; or</DELETED>
<DELETED> ``(ii) in such a position in any
other Federal department or agency not referred
to in clause (i) if the recipient demonstrates
to the Secretary that no position is available
in a Federal department or agency specified in
clause (i); and''.</DELETED>
<DELETED> (b) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out the amendment made by subsection (a). In
prescribing such regulations, the Secretary shall establish standards
that recipients of scholarship and fellowship assistance under the
program under such section 802 are required to demonstrate to satisfy
the requirement of a good faith effort to gain employment as required
under subparagraphs (A) and (B) of subsection (b)(2) of such
section.</DELETED>
<DELETED> (c) Applicability.--(1) The amendment made by subsection
(a) shall apply with respect to service agreements entered into under
the David L. Boren National Security Education Act of 1991 on or after
the date of the enactment of this Act.</DELETED>
<DELETED> (2) The amendment made by subsection (a) shall not affect
the force, validity, or terms of any service agreement entered into
under the David L. Boren National Security Education Act of 1991 before
the date of the enactment of this Act that is in force as of that
date.</DELETED>
<DELETED>SEC. 905. CHANGE OF MEMBERSHIP OF CERTAIN COUNCILS.</DELETED>
<DELETED> (a) Membership of Armed Forces Policy Council.--Section
171(a) of title 10, United States Code, is amended by adding at the end
the following new paragraph:</DELETED>
<DELETED> ``(14) The Commandant of the Coast Guard, for
discussion of matters pertaining to the Coast
Guard.''.</DELETED>
<DELETED> (b) 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:</DELETED>
<DELETED> ``(4) The Under Secretary of Defense for
Policy.''.</DELETED>
<DELETED> (b) Conforming and Clarifying Amendments.--Such subsection
is further amended in the matter preceding paragraph (1)--</DELETED>
<DELETED> (1) by striking ``Joint''; and</DELETED>
<DELETED> (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:''.</DELETED>
<DELETED> (c) Other Technical and Clarifying Amendments.--Such
section is further amended as follows:</DELETED>
<DELETED> (1) Subsection (c)(3)(B) is amended by striking
``appointed'' and inserting ``designated''.</DELETED>
<DELETED> (2) Subsection (e) is amended by striking ``In
addition'' and all that follows through ``also'' and inserting
``The Council shall''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (d) Stylistic Amendments.--Such section is further amended
as follows:</DELETED>
<DELETED> (1) Subsection (a) is amended by inserting
``Establishment; Membership.--'' after ``(a)''.</DELETED>
<DELETED> (2) Subsection (b) is amended by inserting
``Chairman; Meetings.--'' after ``(b)''.</DELETED>
<DELETED> (3) Subsection (c) is amended by inserting ``Staff
and Administrative Services; Staff Director.--'' after
``(c)''.</DELETED>
<DELETED> (4) Subsection (d) is amended by inserting
``Responsibilities.--'' after ``(d)''.</DELETED>
<DELETED> (5) Subsection (e) is amended by inserting
``Report on Difficulties Relating to Safety or Reliability.--''
after ``(e)''.</DELETED>
<DELETED> (6) Subsection (f) is amended by inserting
``Annual Report.--'' after ``(f)''.</DELETED>
<DELETED> (e) Further Conforming Amendment.--Section 3212(e) of the
National Nuclear Security Administration Act (50 U.S.C. 2402(e)) is
amended--</DELETED>
<DELETED> (1) by striking ``Joint'' in the subsection
heading; and</DELETED>
<DELETED> (2) by striking ``Joint''.</DELETED>
<DELETED>SEC. 906. ACTIONS TO PREVENT THE ABUSE OF DETAINEES.</DELETED>
<DELETED> (a) Policies Required.--The Secretary of Defense shall
prescribe policies regarding procedures for the Armed Forces and other
elements of the Department of Defense and contractor personnel of the
Department of Defense intended to prevent the conditions leading to
acts of abuse of detainees who are held by the United States as part of
the Global War on Terrorism. Policies under this subsection shall be
prescribed not later than 120 days after the date of the enactment of
this Act.</DELETED>
<DELETED> (b) Matters to be Included.--In order to achieve the
objective stated in subsection (a), the policies on the prevention of
abuse of detainees under that subsection shall specify, at a minimum,
procedures for the following:</DELETED>
<DELETED> (1) Ensuring that commanders of detention
facilities and commanders of interrogation facilities provide
all assigned personnel (including contractor personnel) with
training, and documented acknowledgement of receiving training,
regarding the Geneva Convention Relative to the Treatment of
Prisoners of War and established Standing Operating Procedures
for the treatment of detainees. Training provided under this
paragraph to contractor personnel shall be at least comparable
in degree to that provided to members of the Armed
Forces.</DELETED>
<DELETED> (2) Providing all detainees with information, in
their own language, of the protections afforded under the
Geneva Convention Relative to the Treatment of Prisoners of
War.</DELETED>
<DELETED> (3) Conducting periodic unannounced and announced
inspections of prisons and other areas where detainees are held
in order to provide continued oversight of interrogation and
detention operations.</DELETED>
<DELETED> (4) Prohibiting contact between male guards and
female detainees and between female guards and male detainees,
except under exigent circumstances.</DELETED>
<DELETED> (c) Reports to Congress.--The Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives--</DELETED>
<DELETED> (1) a copy of the policies prescribed pursuant to
subsection (a), immediately after those policies are
prescribed; and</DELETED>
<DELETED> (2) a report on the implementation of those
policies, not later than one year after the date on which those
policies are prescribed.</DELETED>
<DELETED>SEC. 907. RESPONSES TO CONGRESSIONAL INQUIRIES.</DELETED>
<DELETED> (a) In General.--(1) Chapter 3 of title 10, United States
Code, is amended by inserting after section 113a the following new
section:</DELETED>
<DELETED>``Sec. 113b. Response to congressional inquiries</DELETED>
<DELETED> ``Whenever the Secretary of Defense or any other official
of the Department of Defense is requested by the chairman of the
Committee on Armed Services of the Senate or the chairman of the
Committee on Armed Services of the House of Representatives to respond
to a question or inquiry submitted by the chairman or another member of
that committee pursuant to a committee hearing or other activity, the
Secretary (or other official) shall respond to the request, in writing,
within 21 days of the date on which the request is transmitted to the
Secretary (or other official).''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the item
relating to section 113a the following new item:</DELETED>
<DELETED>``113b. Response to congressional inquiries.''.
<DELETED>SEC. 908. SECRETARY OF DEFENSE GUIDANCE ON IDENTIFICATION AND
INTERNAL TRANSMISSION OF CRITICAL INFORMATION.</DELETED>
<DELETED> (a) Defense Guidance.--The Secretary of Defense shall
establish criteria for determining the types of critical information
required to be made known expeditiously to senior decision makers in
the Department of Defense. The types of information specified should be
matters of extraordinary significance and potential strategic impact
and should be immediately necessary to facilitate timely information
management in the high-level, decision-making process affecting
successful mission accomplishment. The Secretary may from time to time
modify the list to suit the current strategic situation, as necessary.
The Secretary should provide to the Secretaries of the military
departments, the commanders of deployed forces, and other elements of
the Department of Defense guidance for the purposes of identifying
those critical information requirements.</DELETED>
<DELETED> (b) Matters To Be Included.--The guidance under subsection
(a) shall include, at a minimum, requirement for identification of the
following:</DELETED>
<DELETED> (1) Any incident that may require a military
contingency based on the incident's nature, gravity, or
potential for significant adverse consequences to United States
citizens, military personnel, or assets, including an incident
that provides opportunities for significant adverse publicity
of a nature that could have a strategic impact.</DELETED>
<DELETED> (2) Any event, development, or situation that can
be reasonably assumed to escalate into a significant adverse
incident described in paragraph (1).</DELETED>
<DELETED> (3) Any deficiency or error in policy, standards,
or training that can be reasonably assumed to foster
significant adverse incidents described in paragraph
(1).</DELETED>
<DELETED> (c) Policy for Transmission of Information to OSD.--The
Secretary of Defense shall establish a policy for the transmission from
any element of the Department of Defense as expeditiously as possible
to the Secretary of Defense and the Joint Chiefs of Staff of any
report, assessment, or evaluation commissioned from any level within
the Department of Defense that results in the identification of any of
the items on the list required by subsection (a). As part of that
policy, the Secretary should establish a timetable for transmission of
any such report, assessment, or evaluation to the responsible major
command upon receipt of the final document by the commissioning
authority.</DELETED>
<DELETED> (d) Time for Issuance of Guidance.--The Secretary of
Defense shall establish the list required by subsection (a) and issue
the guidance required by that subsection not later than 90 days after
the date of the enactment of this Act.</DELETED>
<DELETED>TITLE X--GENERAL PROVISIONS</DELETED>
<DELETED>Subtitle A--Financial Matters</DELETED>
<DELETED>SEC. 1001. TRANSFER AUTHORITY.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) The total amount of authorizations that the Secretary
may transfer under the authority of this section may not exceed
$3,000,000,000. Of such amount, $500,000,000 may be used only for a
transfer from an account for an active component to an account for a
reserve component, or from an account of a reserve component to an
account of an active component, of the same Armed Force.</DELETED>
<DELETED> (b) Limitations.--The authority provided by this section
to transfer authorizations--</DELETED>
<DELETED> (1) may only be used to provide authority for
items that have a higher priority than the items from which
authority is transferred;</DELETED>
<DELETED> (2) may not be used to provide authority for an
item that has been denied authorization by Congress;
and</DELETED>
<DELETED> (3) may not be combined with the authority
provided under section 1519.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).</DELETED>
<DELETED>SEC. 1002. BUDGET JUSTIFICATION DOCUMENTS FOR OPERATION AND
MAINTENANCE.</DELETED>
<DELETED> (a) In General.--(1) Chapter 9 of title 10, United States
Code, is amended by adding at the end the following new
section:</DELETED>
<DELETED>``Sec. 232. Operations and maintenance budget
presentation</DELETED>
<DELETED> ``(a) In General.--In this section</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) The term `current year' means the fiscal
year during which the President's budget is submitted in any
year.</DELETED>
<DELETED> ``(b) 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
operations 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.</DELETED>
<DELETED> ``(c) Personal Service Contracts.--In the O&M
justification documents for any fiscal year, costs programmed in the
budget for that fiscal year for Department of Defense for personal
service contracts, and the number of personal service contractors to be
used by the Department of Defense during that fiscal year who will be
compensated at an annual rate in excess of the annual rate of salary of
the Vice President under section 104 of title 3, shall be separately
set forth and identified.</DELETED>
<DELETED> ``(d) Navy Subactivities 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 set forth as separate budget subactivity groups.</DELETED>
<DELETED> ``(e) Civilian Average Salary Costs.--In the O&M
justification documents for any fiscal year, average civilian salary
costs, shown by subactivity group, shall be set forth as a component of
the personnel summary exhibit.''.</DELETED>
<DELETED> (2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:</DELETED>
<DELETED>``232. Operations and maintenance budget presentation.''.
<DELETED> (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.</DELETED>
<DELETED>SEC. 1003. RETENTION OF FEES FROM INTELLECTUAL PROPERTY
LICENSES.</DELETED>
<DELETED> (a) In General.--Chapter 165 of title 10, United States
Code, is amended by adding at the end the following new
section:</DELETED>
<DELETED>``Sec. 2788. Licensing of intellectual property of the
military departments; authority to charge and retain
fees</DELETED>
<DELETED> ``(a) Authority to Retain Fees.--(1) Under regulations
prescribed by the Secretary of Defense, the Secretary concerned may
license trademarks, service marks, certification marks, and collective
marks owned by a military department and may retain and expend fees
received from such licensing in accordance with subsection
(b).</DELETED>
<DELETED> ``(2) In this section, the terms `trademark', `service
mark', `certification mark', `collective mark', and `mark' have the
meanings given those terms in section 45 of the Trademark Act of 1946
(15 U.S.C. 1127).</DELETED>
<DELETED> ``(b) Use of Licensing Fees.--(1) Funds received by a
military department from licensing under subsection (a)(1) shall be
used for the expenses incurred by the department in securing the
registration of marks owned by the department and in licensing those
marks.</DELETED>
<DELETED> ``(2) If the amount of fees received by a military
department during any fiscal year from the licensing of marks exceeds
the anticipated expenses under paragraph (1) during that year, the
Secretary concerned may designate those funds as excess and expend them
as provided in paragraph (3).</DELETED>
<DELETED> ``(3) Not more than 50 percent of any such excess funds
shall be available for military personnel recruiting and retention
activities of the department. The remainder of such funds shall be
available for morale, welfare, and recreation activities of the
department.</DELETED>
<DELETED> ``(4) Funds received pursuant to subsection (a)(1) shall
remain available for two years after the end of the fiscal year during
which the funds are received.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the following
new item:</DELETED>
<DELETED>``2788. Licensing of intellectual property of the military
departments; authority to charge and retain
fees.''.
<DELETED>SEC. 1004. AUTHORITY TO WAIVE CLAIMS OF THE UNITED STATES WHEN
AMOUNTS RECOVERABLE ARE LESS THAN COSTS OF
COLLECTION.</DELETED>
<DELETED> (a) Authority.--Chapter 165 of title 10, United States
Code, is amended by inserting after section 2780 the following new
section:</DELETED>
<DELETED>``Sec. 2780a. Debt collection: general waiver authority for
small amounts owed the United States</DELETED>
<DELETED> ``(a) Authority.--In the case of an indebtedness to the
United States described in subsection (b) that is for an amount that is
less than the threshold amount specified in subsection (c), the
Secretary of Defense may, under regulations prescribed under this
section, cancel the indebtedness and waive recovery of the amount owed.
Such authority may be used only when, based on a cost-benefit analysis,
the Secretary determines that the costs of collection are expected to
exceed the amount recoverable.</DELETED>
<DELETED> ``(b) Covered Debts.--(1) Except as provided in paragraph
(2), this section applies with respect to amounts owed to the United
States that arise out of the activities of, or that are referred to,
the Department of Defense (including amounts owed by members of the
armed forces and Department of Defense civilian personnel).</DELETED>
<DELETED> ``(2) The authority under this section does not apply to
amounts owed to the United States arising out of activities of the
Department of Defense that have been referred to another executive
agency for collection action or that are otherwise within the purview
of another executive agency.</DELETED>
<DELETED> ``(c) Maximum Amount Waivable.--The threshold amount
referred to in subsection (a) is the micropurchase threshold amount in
effect under section 32 of the Office of Federal Procurement Policy Act
(41 U.S.C. 428).</DELETED>
<DELETED> ``(d) Regulations.--The Secretary of Defense shall
prescribe regulations for the purposes of this section.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the item
relating to section 2780 the following new item:</DELETED>
<DELETED>``2780a. Debt collection: general waiver authority for small
amounts owed the United States.''.
<DELETED>SEC. 1005. REPEAL OF FUNDING RESTRICTIONS CONCERNING
DEVELOPMENT OF MEDICAL COUNTERMEASURES AGAINST BIOLOGICAL
WARFARE THREATS.</DELETED>
<DELETED> (a) Repeal.--Section 2370a of title 10, United States
Code, is repealed.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 1006. REPORT ON BUDGETING FOR EXCHANGE RATES FOR FOREIGN
CURRENCY FLUCTUATIONS.</DELETED>
<DELETED> (a) Secretary of Defense Report.--(1) Not later than
December 1, 2004, the Secretary Defense shall submit to the Committees
on Armed Services of the Senate and House of Representatives a report
on the foreign currency exchange rate projection used in annual
Department of Defense budget presentations.</DELETED>
<DELETED> (2) In the report under paragraph (1), the Secretary
shall--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) address the advantages and disadvantages of
each approach identified pursuant to subparagraph
(A);</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) In identifying alternative approaches pursuant to
paragraph (2)(A), the Secretary shall examine--</DELETED>
<DELETED> (A) approaches used by other Federal departments
and agencies; and</DELETED>
<DELETED> (B) the feasibility of using private economic
forecasting.</DELETED>
<DELETED> (b) Comptroller General Review and Report.--The
Comptroller General of the United States shall review the report under
subsection (a), including the basis for the Secretary's conclusions
stated in the report, and shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report containing
the Comptroller General's conclusions with respect to that report. Such
report shall be submitted not later than January 15, 2005.</DELETED>
<DELETED>SEC. 1007. FISCAL YEAR 2004 TRANSFER AUTHORITY.</DELETED>
<DELETED> 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
``$3,000,000,000''.</DELETED>
<DELETED>SEC. 1008. REPORT ON AMOUNTS REMITTED AND REIMBURSED DURING
FISCAL YEAR 2004 UNDER SECTION 1007 OF PUBLIC LAW 108-
136.</DELETED>
<DELETED> Not later than 30 days after the end of fiscal year 2004,
the Secretary of Defense shall submit to the congressional defense
committees a report on amounts remitted and reimbursed during fiscal
year 2004 under section 1007 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1585; 10 U.S.C.
2241 note).</DELETED>
<DELETED>Subtitle B--Naval Vessels and Shipyards</DELETED>
<DELETED>SEC. 1011. AUTHORITY FOR AWARD OF CONTRACTS FOR SHIP
DISMANTLING ON NET-COST BASIS.</DELETED>
<DELETED> (a) In General.--Chapter 633 of title 10, United States
Code, is amended by inserting after section 7305 the following new
section:</DELETED>
<DELETED>``Sec. 7305a. Vessels stricken from Naval Vessel Register:
contracts for dismantling on net-cost basis</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Definitions.--In this section:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) The term `scrap' means personal property
that has no value except for its basic material
content.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``7305a. Vessels stricken from Naval Vessel Register:
contracts for dismantling on net-cost
basis.''.
<DELETED>SEC. 1012. INDEPENDENT STUDY TO ASSESS COST EFFECTIVENESS OF
THE NAVY SHIP CONSTRUCTION PROGRAM.</DELETED>
<DELETED> (a) Study.--The Secretary of Defense shall provide for a
study, to be conducted by an entity independent of the Department of
Defense, of the cost effectiveness of the ship construction program of
the Navy. The purpose of the study shall be to examine both--</DELETED>
<DELETED> (1) a variety of approaches by which the Navy ship
construction program could be made more efficient in the near
term; and</DELETED>
<DELETED> (2) a variety of approaches by which, with a
nationally integrated effort over the next decade, the United
States shipbuilding industry might be made competitive
globally.</DELETED>
<DELETED> (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 entity conducting the study--
</DELETED>
<DELETED> (1) to determine, with respect to each approach so
examined, the cost savings that could result from
implementation of that approach over each of the next 10
years;</DELETED>
<DELETED> (2) to recommend one or more of the approaches
examined under subsection (a)(1) for implementation;
and</DELETED>
<DELETED> (3) for each approach recommended under paragraph
(2) for implementation, to develop a concept and implementation
plan by which the recommended improvements could best be phased
into the naval ship construction program.</DELETED>
<DELETED> (c) Global Competitiveness of United States Shipbuilding
Industry.--With respect to the examination under subsection (a)(2) of
approaches by which, with a nationally integrated effort over the next
decade, the United States shipbuilding industry might be made
competitive globally, the Secretary shall provide for the entity
conducting the study--</DELETED>
<DELETED> (1) to develop a plan to modernize the United
States shipbuilding infrastructure within the next decade in
order to make the United States shipbuilding industry more
competitive globally; and</DELETED>
<DELETED> (2) to estimate the resources required to carry
out a modernization plan developed under paragraph
(1).</DELETED>
<DELETED> (d) Report.--Not later than June 1, 2005, the Secretary of
Defense shall submit to the congressional defense committees a report
providing the results of the study under subsection (a). The report
shall include the matters specified in subsections (b) and
(c).</DELETED>
<DELETED>SEC. 1013. AUTHORITY TO TRANSFER SPECIFIED FORMER NAVAL
VESSELS TO CERTAIN FOREIGN COUNTRIES.</DELETED>
<DELETED> (a) Authority to transfer by Grant.--The Prsident is
authorized to transfer vessels to foreign countries on a grant basis
under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j), as follows:</DELETED>
<DELETED> (1) Chile.--The ``SPRUANCE'' class destroyer
O'BANNON (DD-987) to the Government of Chile.</DELETED>
<DELETED> (2) Portugal.--The ``OLIVER HAZARD PERRY'' class
guided missile frigate GEORGE PHILIP (FFG-12) to the Government
of Portugal.</DELETED>
<DELETED> (b) Authority to transfer by Sale.--The President is
authorized to transfer on a sale basis under section 21 of the Arms
Export Control Act (22 U.S.C. 2761) the ``ANCHORAGE'' class dock
landing ship ANCHORAGE (LSD-36) to the Taipei Economic and Cultural
Representative Office in the United States (which is the Taiwan
instrumentality designated pursuant to section 10(a) of the Taiwan
Relations Act).</DELETED>
<DELETED> (c) Grants Not Counted in Annual Total of Transferred
Excess Defense Articles.--The value of a vessel transferred to another
country on a grant basis under section 516 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j) pursuant to authority provided by
subsection (a) shall not be counted for the purposes of subsection (g)
of that section in the aggregate value of excess defense articles
transferred to countries under that section in any fiscal
year.</DELETED>
<DELETED> (d) Costs of Transfers.--Any expense incurred by the
United States in connection with a transfer authorized by this section
shall be charged to the recipient (notwithstanding section 516(e) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j (e)) in the case of
a transfer authorized to be made on a grant basis under subsection
(a)).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 1014. LIMITATION ON LEASING OF FOREIGN-BUILT
VESSELS.</DELETED>
<DELETED> (a) In General.--(1) Chapter 141 of title 10, United
States Code, is amended by inserting after section 2401a the following
new section:</DELETED>
<DELETED>``Sec. 2401b. Limitation on lease of foreign-built
vessels</DELETED>
<DELETED> ``(a) Limitation.--The Secretary of a military department
may not make a contract for a lease or charter of a vessel for a term
of more than 12 months (including all options to renew or extend the
contract) if the hull, a major component of the hull, or superstructure
of the vessel is constructed in a foreign shipyard.</DELETED>
<DELETED> ``(b) Presidential Waiver for National Security
Interest.--(1) The President may authorize exceptions to the limitation
in subsection (a) when the President determines that it is in the
national security interest of the United States to do so.</DELETED>
<DELETED> ``(2) The President shall transmit notice to Congress of
any such determination, and no contract may be made pursuant to the
exception authorized until the end of the 30-day period beginning on
the date on which the notice of the determination is received by
Congress.''.</DELETED>
<DELETED> (2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 2401a the
following new item:</DELETED>
<DELETED>``2401b. Limitation on lease of foreign-built vessels.''.
<DELETED> (b) Effective Date.--Section 2401b of title 10, United
States Code, as added by subsection (a), shall apply with respect to
contracts entered into after the date of the enactment of this
Act.</DELETED>
<DELETED>Subtitle C--Sunken Military Craft</DELETED>
<DELETED>SEC. 1021. PRESERVATION OF TITLE TO SUNKEN MILITARY CRAFT AND
ASSOCIATED CONTENTS.</DELETED>
<DELETED> Right, title, and interest of the United States in and to
any United States sunken military craft shall not be extinguished by
the passage of time, regardless of when the sunken military craft
sank.</DELETED>
<DELETED>SEC. 1022. PROHIBITIONS.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) as authorized by a permit under this
subtitle;</DELETED>
<DELETED> (2) as authorized by regulations issued under this
subtitle; or</DELETED>
<DELETED> (3) as otherwise authorized by law.</DELETED>
<DELETED> (b) Possession of Sunken Military Craft.--No person may
possess, disturb, remove, or injure any sunken military craft in
violation of--</DELETED>
<DELETED> (1) this section; or</DELETED>
<DELETED> (2) any prohibition, rule, regulation, ordinance,
or permit that applies under any other applicable Federal,
foreign, or other law.</DELETED>
<DELETED> (c) Limitations on Application.--</DELETED>
<DELETED> (1) Actions by united states.--This section shall
not apply to actions taken by, or at the direction of, the
United States.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) generally recognized principles of
international law;</DELETED>
<DELETED> (B) an agreement between the United States
and the foreign country of which the person is a
citizen; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 1023. PERMITS.</DELETED>
<DELETED> (a) In General.--The Secretary concerned may issue a
permit authorizing a person to engage in an activity otherwise
prohibited by section 1022 with respect to a United States military
craft, for archaeological, historical, or educational purposes, in
accordance with regulations issued by such Secretary that implement
this section.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 1024. PENALTIES.</DELETED>
<DELETED> (a) In General.--Any person who violates this subtitle, or
any regulation or permit issued under this subtitle, shall be liable to
the United States for a civil penalty under this section.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Continuing Violations.--Each day of a continued
violation of this subtitle or a regulation or permit issued under this
subtitle shall constitute a separate violation for purposes of this
section.</DELETED>
<DELETED>SEC. 1025. LIABILITY FOR DAMAGES.</DELETED>
<DELETED> (a) In General.--Any person who engages in an activity in
violation of section 1022 or any regulation or permit issued under this
subtitle 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.</DELETED>
<DELETED> (b) Included Damages.--Damages referred to in subsection
(a) may include--</DELETED>
<DELETED> (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 1022 or any regulation or
permit issued under this subtitle; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 1026. RELATIONSHIP TO OTHER LAWS.</DELETED>
<DELETED> (a) In General.--Except to the extent that an activity is
undertaken as a subterfuge for activities prohibited by this subtitle,
nothing in this subtitle is intended to affect--</DELETED>
<DELETED> (1) any activity that is not directed at a sunken
military craft; or</DELETED>
<DELETED> (2) the traditional high seas freedoms of
navigation, including--</DELETED>
<DELETED> (A) the laying of submarine cables and
pipelines;</DELETED>
<DELETED> (B) operation of vessels;</DELETED>
<DELETED> (C) fishing; or</DELETED>
<DELETED> (D) other internationally lawful uses of
the sea related to such freedoms.</DELETED>
<DELETED> (b) International Law.--This subtitle and any regulations
implementing this subtitle 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.</DELETED>
<DELETED> (c) Law of Finds.--The law of finds shall not apply to any
United States sunken military craft, wherever located.</DELETED>
<DELETED> (d) Law of Salvage.--No salvage rights or awards shall be
granted with respect to any sunken military craft without the express
permission of the United States.</DELETED>
<DELETED> (e) Law of Capture or Prize.--Nothing in this subtitle is
intended to alter the international law of capture or prize with
respect to sunken military craft.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (g) Authorities of the Commandant of the Coast Guard.--
Nothing in this subtitle is intended to preclude or limit the
application of any other law enforcement authorities of the Commandant
of the Coast Guard.</DELETED>
<DELETED> (h) Prior Delegations, Authorizations, and Related
Regulations.--Nothing in this subtitle shall invalidate any prior
delegation, authorization, or related regulation that is consistent
with this subtitle.</DELETED>
<DELETED> (i) Criminal Law.--Nothing in this subtitle 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.</DELETED>
<DELETED>SEC. 1027. ENCOURAGEMENT OF AGREEMENTS WITH FOREIGN
COUNTRIES.</DELETED>
<DELETED> 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 subtitle.</DELETED>
<DELETED>SEC. 1028. DEFINITIONS.</DELETED>
<DELETED> In this subtitle:</DELETED>
<DELETED> (1) Associated contents.--The term ``associated
contents'' means--</DELETED>
<DELETED> (A) the equipment, cargo, and contents of
a sunken military craft that are within its debris
field; and</DELETED>
<DELETED> (B) the remains and personal effects of
the crew and passengers of a sunken military craft that
are within its debris field.</DELETED>
<DELETED> (2) Secretary.--The term ``Secretary'' means the
Secretary of a military department.</DELETED>
<DELETED> (3) Sunken military aircraft.--The term ``sunken
military aircraft'' means any sunken military aircraft that was
owned or operated by the United States when it sank.</DELETED>
<DELETED> (4) Sunken military craft.--The term ``sunken
military craft'' means any sunken military vessel, sunken
military aircraft, or associated contents, or any portion
thereof, the title to which has not been abandoned or
transferred in a manner prescribed by the United
States.</DELETED>
<DELETED> (5) Sunken military vessel.--The term ``sunken
military vessel'' means any sunken warship or naval auxiliary
of the United States that is a public vessel as that term is
used in the Act of March 3, 1925 (chapter 428; 46 U.S.C. App.
781 et seq.), popularly known as the Public Vessels
Act.</DELETED>
<DELETED> (6) 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.</DELETED>
<DELETED> (7) 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.</DELETED>
<DELETED> (8) 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.</DELETED>
<DELETED> (9) United states waters.--The term ``United
States waters'' means United States internal waters, the United
States territorial sea, and the United States contiguous
zone.</DELETED>
<DELETED>Subtitle D--Counter-Drug Activities</DELETED>
<DELETED>SEC. 1031. CONTINUATION OF AUTHORITY TO USE DEPARTMENT OF
DEFENSE FUNDS FOR UNIFIED COUNTERDRUG AND
COUNTERTERRORISM CAMPAIGN IN COLOMBIA.</DELETED>
<DELETED> (a) Authority to Provide Assistance.--During fiscal years
2005 and 2006, the Secretary of Defense may use funds made available to
the Department of Defense for drug interdiction and counter-drug
activities to provide assistance to the Government of Colombia--
</DELETED>
<DELETED> (1) to support a unified campaign against
narcotics trafficking in Colombia;</DELETED>
<DELETED> (2) to support a unified campaign against
activities by designated 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); and</DELETED>
<DELETED> (3) to take actions to protect human health and
welfare in emergency circumstances, including undertaking
rescue operations.</DELETED>
<DELETED> (b) Relation to Other Assistance Authority.--The authority
provided by subsection (a) is in addition to other provisions of law
authorizing the provision of assistance to the Government of
Colombia.</DELETED>
<DELETED>SEC. 1032. LIMITATION ON NUMBER OF UNITED STATES MILITARY
PERSONNEL IN COLOMBIA.</DELETED>
<DELETED> (a) Limitation.--None of the funds available to the
Department of Defense for any fiscal year may be used to support or
maintain more than 500 members of the Armed Forces on duty in the
Republic of Colombia at any time.</DELETED>
<DELETED> (b) Exclusion of Certain Members.--For purposes of
determining compliance with the limitation in subsection (a), the
Secretary of Defense may exclude the following military
personnel:</DELETED>
<DELETED> (1) A member of the Armed Forces in the Republic
of Colombia for the purpose of rescuing or retrieving United
States military or civilian Government personnel, except that
the period for which such a member may be so excluded may not
exceed 30 days unless expressly authorized by law.</DELETED>
<DELETED> (2) A member of the Armed Forces assigned to the
United States Embassy in Colombia as an attache, as a member of
the security assistance office, or as a member of the Marine
Corps security contingent.</DELETED>
<DELETED> (3) A member of the Armed Forces in Colombia to
participate in relief efforts in responding to a natural
disaster.</DELETED>
<DELETED> (4) Nonoperational transient military
personnel.</DELETED>
<DELETED> (5) A member of the Armed Forces making a port
call from a military vessel in Colombia.</DELETED>
<DELETED>Subtitle E--Reports</DELETED>
<DELETED>SEC. 1041. STUDY OF CONTINUED REQUIREMENT FOR TWO-CREW MANNING
FOR BALLISTIC MISSILE SUBMARINES.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 1042. STUDY OF EFFECT ON DEFENSE INDUSTRIAL BASE OF
ELIMINATION OF UNITED STATES DOMESTIC FIREARMS
MANUFACTURING BASE.</DELETED>
<DELETED> Not later than 60 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the congressional
defense committees a report describing in detail the effect on both
military readiness and the defense industrial base that would result
from the elimination of the United States domestic firearms
manufacturing base.</DELETED>
<DELETED>SEC. 1043. STUDY OF EXTENT AND QUALITY OF TRAINING PROVIDED TO
MEMBERS OF THE ARMED SERVICES TO PREPARE FOR POST-
CONFLICT OPERATIONS.</DELETED>
<DELETED> (a) Study Required.--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</DELETED>
<DELETED> (b) Matters Included in Study.--As part of the study under
subsection (a), the Secretary shall specifically evaluate the
following:</DELETED>
<DELETED> (1) The doctrine, training, and leader-development
system necessary to enable members of the Armed Forces to
successfully operate in post-conflict operations.</DELETED>
<DELETED> (2) The adequacy of curricula at military
educational facilities to ensure that the Armed Forces has a
cadre of members skilled in post-conflict duties, foreign
languages, and foreign cultures.</DELETED>
<DELETED> (3) The training time and resources available to
members and units to develop cultural awareness about ethnic
backgrounds, religious beliefs, and political loyalties of the
people living in areas in which the Armed Forces
operate.</DELETED>
<DELETED> (4) The organization of the combatant commands to
conduct post-conflict operations.</DELETED>
<DELETED> (c) Submission of Study Results.--Not later than March 15,
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 containing the results of the study
conducted under this section.</DELETED>
<DELETED>Subtitle F--Security Matters</DELETED>
<DELETED>SEC. 1051. USE OF NATIONAL DRIVER REGISTER FOR PERSONNEL
SECURITY INVESTIGATIONS AND DETERMINATIONS.</DELETED>
<DELETED> Section 30305(b) of title 49, United States Code, is
amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (9) through (11)
as paragraphs (10) through (12), respectively; and</DELETED>
<DELETED> (2) by inserting after paragraph (8) the following
new paragraph:</DELETED>
<DELETED> ``(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. A Federal department or agency that receives such
information about an individual may use it in accordance with
applicable law.''.</DELETED>
<DELETED>SEC. 1052. STANDARDS FOR DISQUALIFICATION FROM ELIGIBILITY FOR
DEPARTMENT OF DEFENSE SECURITY CLEARANCE.</DELETED>
<DELETED> (a) Disqualified Persons.--Subsection (c)(1) of section
986 of title 10, United States Code, is amended--</DELETED>
<DELETED> (1) by striking ``and'' and inserting ``, was'';
and</DELETED>
<DELETED> (2) and inserting before the period at the end the
following: ``, and was incarcerated as a result of that
sentence for not less than one year''.</DELETED>
<DELETED> (b) Waiver Authority.--Subsection (d) of such section is
amended to read as follows:</DELETED>
<DELETED> ``(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 orders or other guidance issued by the
President.''.</DELETED>
<DELETED>Subtitle G--Transportation-Related Matters</DELETED>
<DELETED>SEC. 1061. USE OF MILITARY AIRCRAFT TO TRANSPORT MAIL TO AND
FROM OVERSEAS LOCATIONS.</DELETED>
<DELETED> (a) Authority for Use of Military Aircraft.--Section 3401
of title 39, United States Code, is amended--</DELETED>
<DELETED> (1) in subsection (b)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) in the sentence following paragraph
(3), by striking ``carriers'' each place it appears and
inserting ``carriers and military aircraft'';
and</DELETED>
<DELETED> (2) in subsection (c)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) in the second sentence--</DELETED>
<DELETED> (i) by inserting ``and military
aircraft'' after ``carriers'' the first place
it appears; and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (b) Definition.--Such section is further amended by adding
at the end the following new subsection:</DELETED>
<DELETED> ``(g) In this section, the term `military aircraft' means
an aircraft owned, operated, or chartered by the Department of
Defense.''.</DELETED>
<DELETED>SEC. 1062. REORGANIZATION AND CLARIFICATION OF CERTAIN
PROVISIONS RELATING TO CONTROL AND SUPERVISION OF
TRANSPORTATION WITHIN THE DEPARTMENT OF
DEFENSE.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) by striking ``Secretary of the Army'' in the
matter preceding paragraph (1) and inserting ``Secretary of
Defense'';</DELETED>
<DELETED> (B) by striking ``Army transport agencies'' in the
matter preceding paragraph (1) and all that follows through
``military transport agency of''; and</DELETED>
<DELETED> (C) by striking paragraphs (1), (2), and
(3);</DELETED>
<DELETED> (D) by redesignating paragraph (4), (5), (6), and
(7) as paragraphs (1), (2), (3), and (4),
respectively;</DELETED>
<DELETED> (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 i
paragraphs (1), (2), and (4)''; and</DELETED>
<DELETED> (F) by striking ``clause (7) or (8)'' in the last
sentence and inserting ``paragraph (4) or (5)''.</DELETED>
<DELETED> (2) Section 2649 of such title, as transferred and
redesignated by subsection (a), is amended--</DELETED>
<DELETED> (A) by striking the section heading and inserting
the following:</DELETED>
<DELETED>``Sec. 2649. Civilian passengers and commercial cargoes:
transportation on Department of Defense
vessels'';</DELETED>
<DELETED> (B) by striking ``(1) on vessels'' and all that
follows through ``Department of the Army'';</DELETED>
<DELETED> (C) by striking ``any transport agency of'';
and</DELETED>
<DELETED> (D) by striking ``Secretary of the Army'' and all
that follows through ``be transported'' and inserting
``Secretary of Defense, be transported''.</DELETED>
<DELETED> (3) Section 2650 of such title, as transferred and
redesignated by subsection (a), is amended--</DELETED>
<DELETED> (A) in the matter preceding paragraph (1), by
striking ``Army transport agencies'' and all that follows
through ``military transport agency of'';</DELETED>
<DELETED> (B) in paragraph (1), by striking ``Secretary of
the Army'' and inserting ``Secretary of Defense'';
and</DELETED>
<DELETED> (C) in paragraph (4), by striking ``by air--'' and
all that follows through ``the transportation cannot'' and
inserting ``by air, the transportation cannot''.</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (c) Repeal of Superseded and Obsolete Provisions.--The
following sections of such title are repealed: sections 4741, 4743,
9741, 9743, and 9746.</DELETED>
<DELETED> (d) Clerical Amendments.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``2648. Persons and supplies: sea transportation.
<DELETED>``2649. Civilian passengers and commercial cargoes:
transportation on Department of Defense
vessels.
<DELETED>``2650. Civilian personnel in Alaska.
<DELETED>``2651. Passengers and merchandise to Guam: sea transport.''.
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 1063. DETERMINATION OF WHETHER PRIVATE AIR CARRIERS ARE
CONTROLLED BY UNITED STATES CITIZENS FOR PURPOSES OF
ELIGIBILITY FOR GOVERNMENT CONTRACTS FOR TRANSPORTATION
OF PASSENGERS OR SUPPLIES.</DELETED>
<DELETED> Section 2710 of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 601), is amended
by adding at the end the following new sentence: ``Any determination
for purposes of this section of whether (in accordance with the first
proviso of this section) an air carrier is effectively controlled by
citizens of the United States shall be made by, or shall be based on
determinations made by, the Secretary of Transportation.''.</DELETED>
<DELETED>SEC. 1064. EVALUATION OF WHETHER TO PROHIBIT CERTAIN OFFERS
FOR TRANSPORTATION OF SECURITY-SENSITIVE CARGO.</DELETED>
<DELETED> (a) Evaluation Requirement.--The Secretary of Defense
shall evaluate whether, and under what circumstances, in the award of
service contracts for domestic freight transportation for security-
sensitive cargo (such as arms, ammunitions, explosive, and classified
material), the Secretary should not consider an offer or tender from
more than one motor carrier that is part of a group of motor carriers
under common financial or administrative control. In conducting the
evaluation, the Secretary shall seek industry comment.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 1065. PHASED IMPLEMENTATION OF NEW PROGRAM FOR
TRANSPORTING HOUSEHOLD GOODS OF MEMBERS OF THE ARMED
FORCES.</DELETED>
<DELETED> The Secretary of Defense may not implement the new program
for the transportation of household goods of members of the Armed
Forces and their dependents beyond phase I of the program, which
includes the testing of electronic bill processing at 14 sites, until
the Secretary submits to Congress a report evaluating whether Phase I
met its objectives and whether it is in the best interest of the
Department of Defense and members of the Armed Forces to move forward
to Phase II of the program.</DELETED>
<DELETED>Subtitle H--Other Matters</DELETED>
<DELETED>SEC. 1071. TWO-YEAR EXTENSION OF AUTHORITY OF THE SECRETARY OF
DEFENSE TO ENGAGE IN COMMERCIAL ACTIVITIES AS SECURITY
FOR INTELLIGENCE COLLECTION ACTIVITIES ABROAD.</DELETED>
<DELETED> Section 431(a) of title 10, United States Code, is amended
by striking ``December 31, 2004'' and inserting ``December 31,
2006''.</DELETED>
<DELETED>SEC. 1072. ASSISTANCE FOR STUDY OF FEASIBILITY OF BIENNIAL
INTERNATIONAL AIR TRADE SHOW IN THE UNITED STATES AND FOR
INITIAL IMPLEMENTATION.</DELETED>
<DELETED> (a) Assistance for Community Feasibility Study.--(1) The
Secretary of Defense shall provide assistance to a community selected
under subsection (d) for expenses of a study by that community of the
feasibility of the establishment and operation of a biennial
international air trade show in the area of that community.</DELETED>
<DELETED> (2) The Secretary shall provide for the community to
submit to the Secretary a report containing the results of the study
not later than September 30, 2005. The Secretary shall promptly submit
the report to Congress, together with such comments on the report as
the Secretary considers appropriate.</DELETED>
<DELETED> (b) Assistance for Implementation.--If the community
conducting the study under subsection (a) determines that the
establishment and operation of such an air show is feasible and should
be implemented, the Secretary shall provide assistance to the community
for the initial expenses of implementing such an air show in the
selected community.</DELETED>
<DELETED> (c) Amount of Assistance.--The amount of assistance
provided by the Secretary under subsections (a) and (b)--</DELETED>
<DELETED> (1) may not exceed a total of $1,000,000, to be
derived from amounts available for operation and maintenance
for the Air Force for fiscal year 2005 or later fiscal years;
and</DELETED>
<DELETED> (2) may not exceed one-half of the cost of the
study and may not exceed one-half the cost of such initial
implementation.</DELETED>
<DELETED> (d) Selection of Community.--The Secretary shall select a
community for purposes of subsection (a) through the use of competitive
procedures. In making such selection, the Secretary shall give
preference to those communities that already sponsor an air show, have
demonstrated a history of supporting air shows with local resources,
and have a significant role in the aerospace community. The community
shall be selected not later than March 1, 2005.</DELETED>
<DELETED>SEC. 1073. TECHNICAL AND CLERICAL AMENDMENTS.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (b) Amendments Relating to Definition of Congressional
Defense Committees.--</DELETED>
<DELETED> (1) Chapter 169 of such title is amended as
follows:</DELETED>
<DELETED> (A) Paragraph (4) of section 2801(c) is
amended to read as follows:</DELETED>
<DELETED> ``(4) The term `congressional defense committees'
includes, with respect to any project to be carried out by, or
for the use of, an intelligence component of the Department of
Defense--</DELETED>
<DELETED> ``(A) the Permanent Select Committee on
Intelligence of the House of Representatives;
and</DELETED>
<DELETED> ``(B) the Select Committee on Intelligence
of the Senate.''.</DELETED>
<DELETED> (B) The following sections are amended by
striking ``appropriate committees of Congress'' each
place it appears and inserting ``congressional defense
committees'': sections 2803(b), 2804(b), 2805(b)(2),
2806(c)(2), 2807(b), 2807(c), 2808(b), 2809(f)(1),
2811(d), 2812(c)(1)(A), 2813(c), 2814(a)(2)(A),
2814(g)(1), 2825(b)(1), 2827(b), 2828(f), 2835(g),
2836(f), 2837(c)(2), 2853(c)(2), 2854(b), 2854a(c)(1),
2865(e)(2), 2866(c)(2), 2875(e), 2881a(d)(2), 2881a(e),
2883(f), and 2884(a).</DELETED>
<DELETED> (2) Section 2215 is amended--</DELETED>
<DELETED> (A) by striking ``(a) Certification
Required.--'';</DELETED>
<DELETED> (B) by striking ``congressional committees
specified in subsection (b)'' and inserting
``congressional defense committees''; and</DELETED>
<DELETED> (C) by striking subsection (b).</DELETED>
<DELETED> (3) 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''.</DELETED>
<DELETED> (4) Section 2515(d) is amended--</DELETED>
<DELETED> (A) by striking ``(1)'' before ``The
Secretary'';</DELETED>
<DELETED> (B) by striking ``congressional committees
specified in paragraph (2)'' and inserting
``congressional defense committees''; and</DELETED>
<DELETED> (C) by striking paragraph (2).</DELETED>
<DELETED> (5) Section 2676(d) is amended by striking
``appropriate committees of Congress'' at the end of the first
sentence and inserting ``congressional defense
committees''.</DELETED>
<DELETED> (6) Section 2694a is amended by striking
``appropriate committees of Congress'' in subsections (e) and
(i)(1) and inserting ``congressional defense
committees''.</DELETED>
<DELETED> (c) Amendments Relating to Definition of Base Closure
Laws.--</DELETED>
<DELETED> (1) Section 2694a(i) of title 10, United States
Code, is amended by striking paragraph (2).</DELETED>
<DELETED> (2) Paragraph (1) of section 1333(i) of the
National Defense Authorization Act for Fiscal Year 1994 (Public
Law 103-160; 10 U.S.C. 2701 note) is amended to read as
follows:</DELETED>
<DELETED> ``(1) Base closure law.--The term `base closure
law' has the meaning given such term in section 101(a)(17) of
title 10, United States Code.''.</DELETED>
<DELETED> (3) Subsection (b) of section 2814 of the Military
Construction Authorization Act for Fiscal Year 1995 (division B
of Public Law 103-337; 10 U.S.C. 2687 note) is amended to read
as follows:</DELETED>
<DELETED> ``(b) Base Closure Law Defined.--In this section, the term
`base closure law' has the meaning given such term in section
101(a)(17) of title 10, United States Code.''.</DELETED>
<DELETED> (4) Subsection (c) of section 3341 of title 5,
United States Code, is amended to read as follows:</DELETED>
<DELETED> ``(c) For purposes of this section, the term `base closure
law' has the meaning given such term in section 101(a)(17) of title
10.''.</DELETED>
<DELETED> (5)(A) Paragraph (1) of section 554(a) of title
40, United States Code, is amended to read as
follows:</DELETED>
<DELETED> ``(1) Base closure law.--The term `base closure
law' has the meaning given that term in section 101(a)(17) of
title 10.''.</DELETED>
<DELETED> (B) Subparagraph (B) of section 572(b)(1) of title
40 is amended to read as follows:</DELETED>
<DELETED> ``(B) Base closure law.--The term `base
closure law' has the meaning given that term in section
101(a)(17) of title 10.''.</DELETED>
<DELETED> (d) Definition of State for Purposes of Section 2694a.--
Subsection (i) of section 2694a of title 10, United States Code, as
amended by subsections (b)(6) and (c)(1), is further amended--
</DELETED>
<DELETED> (1) by inserting after paragraph (1) the following
new paragraph (2):</DELETED>
<DELETED> ``(2) The term `State' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, Guam, the Virgin Islands, and
American Samoa.''; and</DELETED>
<DELETED> (2) by striking paragraph (4).</DELETED>
<DELETED> (e) Miscellaneous Amendments to Title 10, United States
Code.--Title 10, United States Code, is amended as follows:</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (2) Section 130a is amended--</DELETED>
<DELETED> (A) by striking ``Effective October 1,
2002, the'' in subsection (a) and inserting
``The'';</DELETED>
<DELETED> (B) by striking ``baseline number'' in
subsection (a) and all that follows through ``means
the'' in subsection (c);</DELETED>
<DELETED> (C) by transferring subsection (e) so as
to appear before subsection (d) and redesignating that
subsection as subsection (b);</DELETED>
<DELETED> (D) by redesignating subsections (d) and
(f) as subsection (c) and (d), respectively;
and</DELETED>
<DELETED> (E) by striking subsection (g).</DELETED>
<DELETED> (3) Section 437(c) is amended by inserting ``(50
U.S.C. 415b)'' after ``National Security Act of
1947''.</DELETED>
<DELETED> (4) Section 487(d) is amended by striking ``Other
Definitions'' and inserting ``Inapplicability to Coast
Guard''.</DELETED>
<DELETED> (5) Section 503(c)(1)(B) is amended by striking
``education'' in the second sentence and inserting
``educational''.</DELETED>
<DELETED> (6) Section 632(c)(1) is amended--</DELETED>
<DELETED> (A) by striking ``paragraph (2)'' and
inserting ``paragraph (3)''; and</DELETED>
<DELETED> (B) by striking ``under that paragraph''
and inserting ``under that subsection''.</DELETED>
<DELETED> (7) The item relating to section 1076b in the
table of sections at the beginning of chapter 55 is amended to
read as follows:</DELETED>
<DELETED>``1076b. TRICARE program: coverage for members of the Ready
Reserve.''.
<DELETED> (8) Section 1108(e) is amended by striking
``heath'' and inserting ``health''.</DELETED>
<DELETED> (9) Section 1406(g) is amended--</DELETED>
<DELETED> (A) by striking ``section 305'' and
inserting ``section 245''; and</DELETED>
<DELETED> (B) by inserting ``(33 U.S.C. 3045)''
after ``of 2002''.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (11) Sections 1463(a), 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''.</DELETED>
<DELETED> (12) Section 1557(b) is amended by striking
``Effective October 1, 2002, final'' and inserting
``Final''.</DELETED>
<DELETED> (13) Section 1566 is amended--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) in subsections (h), (i)(1), and
(i)(3), by striking ``Armed Forces'' and inserting
``armed forces''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (15) Section 1761(b) is amended--</DELETED>
<DELETED> (A) in the matter preceding paragraph (1),
by striking ``provide for--'' and inserting ``provide
for the following:'';</DELETED>
<DELETED> (B) in paragraphs (1), (2), and (3), by
capitalizing the first letter of the first
word;</DELETED>
<DELETED> (C) at the end of paragraphs (1) and (2),
by striking the semicolon and inserting a
period;</DELETED>
<DELETED> (D) at the end of paragraph (3), by
striking ``; and'' and inserting a period;
and</DELETED>
<DELETED> (E) by striking paragraph (4).</DELETED>
<DELETED> (16) Section 2193b(c)(2) is amended by striking
``the date of the enactment of this section'' and inserting
``October 5, 1999''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (18) Section 2349(d) is amended by striking
``section 2350a(i)(3)'' and inserting ``section
2350a(i)(2)''.</DELETED>
<DELETED> (19) Section 2350b(g) is amended--</DELETED>
<DELETED> (A) in the matter preceding paragraph (1),
by inserting ``the Secretary of Defense'' after
``authorizing''; and</DELETED>
<DELETED> (B) in paragraph (1), by striking ``the
Secretary of Defense''.</DELETED>
<DELETED> (20) Section 2540(b)(2) is amended by inserting
``, as in effect on that date'' before the period at the
end.</DELETED>
<DELETED> (21) Section 2662(a)(2) is amended--</DELETED>
<DELETED> (A) in the first sentence, by striking
``must include a summarization'' and inserting ``shall
include a summary''; and</DELETED>
<DELETED> (B) in the second sentence, by inserting
``of paragraph (1)'' after ``in subparagraph
(E)''.</DELETED>
<DELETED> (22) Section 2672a(a) is amended--</DELETED>
<DELETED> (A) in the matter preceding paragraph (1),
by inserting ``in any case in which the Secretary
determines'' after ``in land'';</DELETED>
<DELETED> (B) in paragraph (1), by striking ``the
Secretary determines'' and inserting ``the
acquisition''; and</DELETED>
<DELETED> (C) in paragraph (2), by inserting ``the
acquisition'' after ``(2)''.</DELETED>
<DELETED> (23) Section 2701 is amended--</DELETED>
<DELETED> (A) in subsection (a)(2), by inserting
``(42 U.S.C. 9620)'' before the period at the
end;</DELETED>
<DELETED> (B) in subsection (c)(2), by striking ``of
CERCLA (relating to settlements)'' and inserting
``(relating to settlements) of CERCLA (42 U.S.C.
9622)'';</DELETED>
<DELETED> (C) in subsection (e), by inserting ``(42
U.S.C. 9619)'' after ``CERCLA''; and</DELETED>
<DELETED> (D) in subsection (j)(2), by striking
``the Comprehensive'' and all the follows through ``of
1980'' and inserting ``CERCLA''.</DELETED>
<DELETED> (24) 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.</DELETED>
<DELETED> (25) 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''.</DELETED>
<DELETED> (26) Section 2704 is amended by inserting ``(42
U.S.C. 9604(i))'' in subsections (c), (e), and (f) after
``CERCLA''.</DELETED>
<DELETED> (27) 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.</DELETED>
<DELETED> (28) Section 4689 is amended by striking
``Building'' after ``Capitol''.</DELETED>
<DELETED> (29) 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.</DELETED>
<DELETED> (30) Section 7102 is amended--</DELETED>
<DELETED> (A) by striking ``Authority'' at the
beginning of subsection (a) and inserting ``Master of
Military Studies'';</DELETED>
<DELETED> (B) by striking ``Marine Corps War
College'' at the beginning of subsection (b) and
inserting ``Master of Strategic Studies'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (D) by striking ``subsections (a) and
(b)'' in subsection (d) and inserting ``this
section''.</DELETED>
<DELETED> (31) Section 8084 is amended by striking
``capabilty'' and inserting ``capability''.</DELETED>
<DELETED> (32) 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.</DELETED>
<DELETED> (33) The table in section 12012(a) is amended by
inserting a colon after ``Air National Guard''.</DELETED>
<DELETED> (f) Title 37, United States Code.--Section 323(h) of title
37, United States Code, is amended by striking ``Secretary of
Transportation'' and inserting ``Secretary of Homeland
Security''.</DELETED>
<DELETED> (g) 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:</DELETED>
<DELETED> (1) Sections 832(a) and 834(a) (117 Stat. 1550)
are each amended by striking ``such title'' and inserting
``title 10, United States Code,''</DELETED>
<DELETED> (2) Section 931(a)(1) (117 Stat. 1580) is amended
by striking ``and donations'' in the first quoted matter and
inserting ``or donations''.</DELETED>
<DELETED> (3) Section 2204(b) (117 Stat. 1706) is amended by
striking ``section 2101(a)'' each place it appears and
inserting ``section 2201(a)''.</DELETED>
<DELETED> (h) 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''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in clause (i), by striking ``Subcommittee on
Readiness, Sustainability, and Support'' and inserting
``Subcommittee on Readiness and Management Support'';
and</DELETED>
<DELETED> (2) in clause (ii), by striking ``Subcommittee on
Military Installations and Facilities'' and inserting
``Subcommittee on Readiness''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) transferred to section 704 of title 10, United
States Code;</DELETED>
<DELETED> (2) inserted at the end of that section;</DELETED>
<DELETED> (3) redesignated as subsection (c); and</DELETED>
<DELETED> (4) amended--</DELETED>
<DELETED> (A) by striking ``Armed Forces'' each
place it appears and inserting ``armed
forces'';</DELETED>
<DELETED> (B) in paragraph (1)--</DELETED>
<DELETED> (i) by striking ``Secretary of
each'' and all that follows through ``in the
Navy,'' and inserting ``Secretary concerned'';
and</DELETED>
<DELETED> (ii) by striking ``(as defined in
section 101 of title 10, United States Code)'';
and</DELETED>
<DELETED> (C) in paragraph (3)--</DELETED>
<DELETED> (i) by striking ``For purposes of
this subsection--'' and inserting ``In this
subsection:'';</DELETED>
<DELETED> (ii) in subparagraph (A), by
striking ``title 10, United States Code'' and
inserting ``this title''; and</DELETED>
<DELETED> (iii) in subparagraph (B), by
striking ``such term'' and inserting ``that
term''.</DELETED>
<DELETED>SEC. 1074. COMMISSION ON THE LONG-TERM IMPLEMENTATION OF THE
NEW STRATEGIC POSTURE OF THE UNITED STATES.</DELETED>
<DELETED> (a) Establishment of Commission.--</DELETED>
<DELETED> (1) Establishment.--There is hereby established a
commission to be known as the ``Commission on the Long-Term
Implementation of the New Strategic Posture of the United
States''. The Secretary of Defense shall enter into a contract
with a federally funded research and development center to
provide for the organization, management, and support of the
Commission. Such contract shall be entered into in consultation
with the Secretary of Energy.</DELETED>
<DELETED> (2) Composition.--(A) The Commission shall be
composed of 12 members who shall be appointed by the Secretary
of Defense. In selecting individuals for appointment to the
Commission, the Secretary of Defense shall consult with the
chairman and ranking minority member of the Committee on Armed
Services of the Senate and the chairman and ranking minority
member of the Committee on Armed Services of the House of
Representatives.</DELETED>
<DELETED> (B) Members of the Commission shall be appointed
from among private United States citizens with knowledge and
expertise in the political, military, operational, and
technical aspects of nuclear strategy.</DELETED>
<DELETED> (3) Chairman of the commission.--The Secretary of
Defense shall designate one of the members of the Commission to
serve as chairman of the Commission.</DELETED>
<DELETED> (4) Period of appointment; vacancies.--Members
shall be appointed for the life of the Commission. Any vacancy
in the Commission shall be filled in the same manner as the
original appointment.</DELETED>
<DELETED> (5) Security clearances.--All members of the
Commission shall hold appropriate security
clearances.</DELETED>
<DELETED> (b) Duties of Commission.--</DELETED>
<DELETED> (1) Review of Long-Term Implementation of the
Nuclear Posture Review.--The Commission shall examine long-term
programmatic requirements to achieve the goals set forth in the
report of the Secretary of Defense submitted to Congress on
December 31, 2001, providing the results of the Nuclear Posture
Review conducted pursuant to section 1041 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat. 1654,
1654A-262) and results of periodic assessments of the Nuclear
Posture Review. Matters examined by the Commission shall
include the following:</DELETED>
<DELETED> (A) The process of establishing
requirements for strategic forces and how that process
accommodates employment of nonnuclear strike platforms
and munitions in a strategic role.</DELETED>
<DELETED> (B) How strategic intelligence,
reconnaissance, and surveillance requirements differ
from nuclear intelligence, reconnaissance, and
surveillance requirements.</DELETED>
<DELETED> (C) The ability of a limited number of
strategic platforms to carry out a growing range of
nonnuclear strategic strike missions.</DELETED>
<DELETED> (D) The limits of tactical systems to
perform nonnuclear global strategic missions in a
prompt manner.</DELETED>
<DELETED> (E) An assessment of the ability of the
current nuclear stockpile to address the evolving
strategic threat environment through 2025.</DELETED>
<DELETED> (2) Recommendations.--The Commission shall include
in its report recommendations with respect to the
following:</DELETED>
<DELETED> (A) Changes to the requirements process to
employ nonnuclear strike platforms and munitions in a
strategic role.</DELETED>
<DELETED> (B) Changes to the nuclear stockpile and
infrastructure required to preserve a nuclear
capability commensurate with the changes to the
strategic threat environment through 2025.</DELETED>
<DELETED> (C) Actions the Secretary of Defense and
the Secretary of Energy can take to preserve
flexibility of the defense nuclear comples while
reducing the cost of a Cold War strategic
infrastructure.</DELETED>
<DELETED> (D) Identify shortfalls in the strategic
modernization programs of the United States that would
undermine the ability of the United States to develop
new nonnuclear strategic strike capabilities.</DELETED>
<DELETED> (3) Cooperation from government officials.--(A) In
carrying out its duties, the Commission shall receive the full
and timely cooperation of the Secretary of Defense, the
Secretary of Energy, and any other United States Government
official in providing the Commission with analyses, briefings,
and other information necessary for the fulfillment of its
responsibilities.</DELETED>
<DELETED> (B) The Secretary of Energy and the Secretary of
Defense shall each designate at least one officer or employee
of the Department of Energy and the Department of Defense,
respectively, to serve as a liaison officer between the
department and the Commission.</DELETED>
<DELETED> (c) Reports.--</DELETED>
<DELETED> (1) Commission report.--The Commission shall
submit to the Secretary of Defense and the Committees on Armed
Services of the Senate and House of Representatives a report on
the Commission's findings and conclusions. Such report shall be
submitted not later that 28 months after the date of the first
meeting of the Commission.</DELETED>
<DELETED> (2) Secretary of defense response.--Not later than
one year after the date on which the Commission submits its
report under paragraph (1), the Secretary of Defense shall
submit to Congress a report--</DELETED>
<DELETED> (A) commenting on the Commission's
findings and conclusions; and</DELETED>
<DELETED> (B) explaining what actions, if any, the
Secretary intends to take to implement the
recommendations of the Commission and, with respect to
each such recommendation, the Secretary's reasons for
implementing, or not implementing, the
recommendation.</DELETED>
<DELETED> (d) Hearings and Procedures.--</DELETED>
<DELETED> (1) Hearings.--The Commission may, for the purpose
of carrying out the purposes of this section, hold hearings and
take testimony.</DELETED>
<DELETED> (2) Procedures.--The federally funded research and
development center with which a contract is entered into under
subsection (a)(1) shall be responsible for establishing
appropriate procedures for the Commission.</DELETED>
<DELETED> (3) Detail of government employees.--Upon request
of the chairman of the Commission, the head of any Federal
department or agency may detail, on a nonreimbursable basis,
personnel of that department or agency to the Commission to
assist it in carrying out its duties.</DELETED>
<DELETED> (e) Funding.--Funds for activities of the Commission shall
be provided from amounts appropriated for the Department of
Defense.</DELETED>
<DELETED> (f) Termination of Commission.--The Commission shall
terminate 60 days after the date of the submission of its report under
subsection (c)(1).</DELETED>
<DELETED> (g) Implementation.--</DELETED>
<DELETED> (1) FFRDC contract.--The Secretary of Defense
shall enter into the contract required under subsection (a)(1)
not later that 60 days after the date of the enactment of this
Act.</DELETED>
<DELETED> (2) First meeting.--The Commission shall convene
its first meeting not later than 60 days after the date as of
which all members of the Commission have been
appointed.</DELETED>
<DELETED>SEC. 1075. LIABILITY PROTECTION FOR CERTAIN DEPARTMENT OF
DEFENSE VOLUNTEERS WORKING IN THE MARITIME
ENVIRONMENT.</DELETED>
<DELETED> (a) Authority to Accept Certain Volunteer Services.--
Subsection (a) of section 1588 of title 10, United States Code, is
amended by adding at the end the following new paragraph:</DELETED>
<DELETED> ``(8) Voluntary services provided to the United
States Military Academy, United States Naval Academy, and
United States Air Force Academy for the training of cadets and
midshipmen.''.</DELETED>
<DELETED> (b) Liability Protection for Volunteers in Maritime
Environment.--Subparagraph (D) of subsection (d)(1) of such section is
amended--</DELETED>
<DELETED> (1) by striking ``and'' after ``this title'' and
inserting a comma; and</DELETED>
<DELETED> (2) by inserting before the period at the end the
following: ``, and chapters 20 and 22 of title 46 (relating to
claims for damages or loss on navigable waters)''.</DELETED>
<DELETED>SEC. 1076. TRANSFER OF HISTORIC F3A-1 BREWSTER CORSAIR
AIRCRAFT.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 1077. ASSIGNMENT OF MEMBERS TO ASSIST BUREAU OF BORDER
SECURITY AND BUREAU OF CITIZENSHIP AND IMMIGRATION
SERVICES OF THE DEPARTMENT OF HOMELAND
SECURITY.</DELETED>
<DELETED> (a) Assignment Authority of Secretary of Defense.--Chapter
18 of title 10, United States Code, is amended by inserting after
section 374 the following new section:</DELETED>
<DELETED>``Sec. 374a. Assignment of members to assist border patrol and
control</DELETED>
<DELETED> ``(a) Assignment Authorized.--Upon submission of a request
consistent with subsection (b), the Secretary of Defense may assign
members of the Army, Navy, Air Force, and Marine Corps to assist--
</DELETED>
<DELETED> ``(1) the Bureau of Border Security of the
Department of Homeland Security in preventing the entry of
terrorists, drug traffickers, and illegal aliens into the
United States; and</DELETED>
<DELETED> ``(2) the United States Customs Service of the
Department of Homeland Security in the inspection of cargo,
vehicles, and aircraft at points of entry into the United
States to prevent the entry of weapons of mass destruction,
components of weapons of mass destruction, prohibited narcotics
or drugs, or other terrorist or drug trafficking
items.</DELETED>
<DELETED> ``(b) Request for Assignment.--The assignment of members
under subsection (a) may occur only if--</DELETED>
<DELETED> ``(1) the assignment is at the request of the
Secretary of Homeland Security; and</DELETED>
<DELETED> ``(2) the request is accompanied by a
certification by the Secretary of Homeland Security that the
assignment of members pursuant to the request is necessary to
respond to a threat to national security posed by the entry
into the United States of terrorists, drug traffickers, or
illegal aliens.</DELETED>
<DELETED> ``(c) Training Program Required.--The Secretary of
Homeland Security and the Secretary of Defense, shall establish a
training program to ensure that members receive general instruction
regarding issues affecting law enforcement in the border areas in which
the members may perform duties under an assignment under subsection
(a). A member may not be deployed at a border location pursuant to an
assignment under subsection (a) until the member has successfully
completed the training program.</DELETED>
<DELETED> ``(d) Conditions of Use.--(1) Whenever a member who is
assigned under subsection (a) to assist the Bureau of Border Security
or the United States Customs Service is performing duties at a border
location pursuant to the assignment, a civilian law enforcement officer
from the agency concerned shall accompany the member.</DELETED>
<DELETED> ``(2) Nothing in this section shall be construed to--
</DELETED>
<DELETED> ``(A) authorize a member assigned under subsection
(a) to conduct a search, seizure, or other similar law
enforcement activity or to make an arrest; and</DELETED>
<DELETED> ``(B) supersede section 1385 of title 18
(popularly known as the `Posse Comitatus Act').</DELETED>
<DELETED> ``(e) Establishment of Ongoing Joint Task Forces.--(1) The
Secretary of Homeland Security may establish ongoing joint task forces
if the Secretary of Homeland Security determines that the joint task
force, and the assignment of members to the joint task force, is
necessary to respond to a threat to national security posed by the
entry into the United States of terrorists, drug traffickers, or
illegal aliens.</DELETED>
<DELETED> ``(2) If established, the joint task force shall fully
comply with the standards as set forth in this section.</DELETED>
<DELETED> ``(f) Notification Requirements.--The Secretary of
Homeland Security shall provide to the Governor of the State in which
members are to be deployed pursuant to an assignment under subsection
(a) and to local governments in the deployment area notification of the
deployment of the members to assist the Department of Homeland Security
under this section and the types of tasks to be performed by the
members.</DELETED>
<DELETED> ``(g) Reimbursement Requirement.--Section 377 of this
title shall apply in the case of members assigned under subsection
(a).</DELETED>
<DELETED> ``(h) Termination of Authority.--No assignment may be made
or continued under subsection (a) after September 30,
2006.''.</DELETED>
<DELETED> (b) Commencement of Training Program.--The training
program required by subsection (c) of section 374a of title 10, United
States Code, as added by subsection (a), shall be established as soon
as practicable after the date of the enactment of this Act.</DELETED>
<DELETED> (c) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the item
relating to section 374 the following new item:</DELETED>
<DELETED>``374a. Assignment of members to assist border patrol and
control.''.
<DELETED>SEC. 1078. AUTHORITY TO ACCEPT CERTAIN VOLUNTARY
SERVICES.</DELETED>
<DELETED> Section 1588 of title 10, United States Code, is amended--
</DELETED>
<DELETED> (1) in subsection (a), by adding at the end the
following new paragraph:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (2) in subsection (f)(1), by inserting ``and
(a)(8)'' before the period at the end.</DELETED>
<DELETED>SEC. 1079. TRANSFER OF EXCESS DEPARTMENT OF DEFENSE PERSONAL
PROPERTY SUITABLE FOR FIREFIGHTING USE TO SUPPORT FEDERAL
EXCESS PERSONAL PROPERTY PROGRAM.</DELETED>
<DELETED> (a) In General.--Section 2576b of title 10, United States
Code, is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by striking ``Subject'' and inserting
``Notwithstanding any other provision of law and
subject''; and</DELETED>
<DELETED> (B) by striking ``a firefighting agency in
a State'' and inserting ``the United States Forest
Service'';</DELETED>
<DELETED> (2) in subsections (b)(2) and (c), by striking
``recipient firefighting agency'' and inserting ``Forest
Service'; and</DELETED>
<DELETED> (3) by striking subsection (d) and inserting the
following new subsections:</DELETED>
<DELETED> ``(d) Priority for Rural Firefighting Agencies.--(1)
Subject to paragraph (2), the Secretary of Defense shall enter into an
agreement with the Secretary of Agriculture to use the existing
property disposal program of the Forest Service, known as the Federal
Excess Personal Property Program, to facilitate the reutilization of
Department of Defense personal property described in subsection (a) by
firefighting agencies in rural areas.</DELETED>
<DELETED> ``(2) An agreement under paragraph (1) shall not provide
for the reutilization of Department of Defense aircraft by the Forest
Service until the end of the one-year period beginning on the date on
which the Secretary of Agriculture submits a report to the Committee on
Agriculture and the Committee on Armed Services of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry and the Committee on Armed Services of the Senate detailing
measures taken by the Forest Service in response to National
Transportation Safety Board Recommendations A-04-29 through A-04-
33.</DELETED>
<DELETED> ``(3) The transfer of Department of Defense personal
property described in subsection (a) to the Forest Service for
reutilization by firefighting agencies in rural areas shall be afforded
a property disposal priority at least equal to the priority given the
military departments and other entities within the Department of
Defense.</DELETED>
<DELETED> ``(e) Definition of State.--The term `State' includes the
District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, and any territory or possession of the
United States.''.</DELETED>
<DELETED> (b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:</DELETED>
<DELETED>``Sec. 2576b. Excess personal property: reutilization to
assist firefighting agencies''.</DELETED>
<DELETED> (2) The table of sections at the beginning of chapter 153
of such title is amended by striking the item relating to section 2576b
and inserting the following new item:</DELETED>
<DELETED>``2576b. Excess personal property: reutilization to assist
firefighting agencies.''.
<DELETED>SEC. 1080. EXPANSION OF DEPARTMENT OF DEFENSE EXCESS PERSONAL
PROPERTY DISPOSAL PROGRAM TO INCLUDE HEALTH
AGENCIES.</DELETED>
<DELETED> (a) Inclusion of Health Agencies.--Section 2576b of title
10, United States Code, is amended by adding at the end the following
new subsection:</DELETED>
<DELETED> ``(e) Transfer to State Health Agencies.--The Secretary of
Defense may expand the program authorized by this section to include
the transfer to State health agencies of personal property of the
Department of Defense that the Secretary determines is--</DELETED>
<DELETED> ``(1) excess to the needs of the Department of
Defense; and</DELETED>
<DELETED> ``(2) suitable for use in responding to health or
environmental emergencies.''.</DELETED>
<DELETED> (b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:</DELETED>
<DELETED>``Sec. 2576b. Excess personal property: reutilization to
assist firefighting agencies and health
agencies</DELETED>
<DELETED> (2) The table of sections at the beginning of chapter 153
of such title is amended by striking the item relating to section 2576b
and inserting the following new item:</DELETED>
<DELETED>``2576b. Excess personal property: reutilization to assist
firefighting agencies and health
agencies.''.
<DELETED>SEC. 1081. PLACEMENT OF MEMORIAL IN ARLINGTON NATIONAL
CEMETERY HONORING NONCITIZENS KILLED IN THE LINE OF DUTY
WHILE SERVING IN THE ARMED FORCES OF THE UNITED
STATES.</DELETED>
<DELETED> (a) In General.--The Secretary of the Army shall place in
Arlington National Cemetery a memorial marker honoring the service and
sacrifice of noncitizens killed in the line of duty while serving in
the Armed Forces of the United States.</DELETED>
<DELETED> (b) Approval of Design and Site.--The Secretary of the
Army, in consultation with Secretary of Veterans Affairs, shall approve
an appropriate design and site within Arlington National Cemetery for
the memorial marker provided for under subsection (a).</DELETED>
<DELETED> (c) Use of Federal Funds.--Federal funds shall not be
required or permitted to be used for the design and construction of the
memorial marker provided for under subsection (a).</DELETED>
<DELETED> (d) Authority To Accept Donations.--(1) The Secretary of
the Army may accept gifts and donations of services, money, and
property (including personal, tangible, or intangible property) for the
design and construction of the memorial marker provided for under
subsection (a).</DELETED>
<DELETED> (2) The authority of the Secretary of the Army to accept
gifts and donations under paragraph (1) shall expire on the date that
is five years after the date of the enactment of this Act.</DELETED>
<DELETED>TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL</DELETED>
<DELETED>SEC. 1101. PAYMENT OF FEDERAL EMPLOYEE HEALTH BENEFIT PREMIUMS
FOR MOBILIZED FEDERAL EMPLOYEES.</DELETED>
<DELETED> (a) Authority to Continue Benefit Coverage.--Section 8905a
of title 5, United States Code is amended--</DELETED>
<DELETED> (1) in subsection (a), by striking ``paragraph (1)
or (2) of'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (1)(B), by striking
``and'' at the end;</DELETED>
<DELETED> (B) in paragraph (2)(C), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (C) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(3) any employee who--</DELETED>
<DELETED> ``(A) is enrolled in a health benefits
plan under this chapter;</DELETED>
<DELETED> ``(B) is a member of a Reserve component
of the armed forces;</DELETED>
<DELETED> ``(C) is called or ordered to active duty
in support of a contingency operation (as defined in
section 101(a)(13) of title 10);</DELETED>
<DELETED> ``(D) is placed on leave without pay or
separated from service to perform active duty;
and</DELETED>
<DELETED> ``(E) serves on active duty for a period
of more than 30 consecutive days.''; and</DELETED>
<DELETED> (4) in subsection (e)(1)--</DELETED>
<DELETED> (A) in subparagraph (A), by striking
``or'' at the end;</DELETED>
<DELETED> (B) in subparagraph (B), by striking the
period at the end and inserting ``; or''; and</DELETED>
<DELETED> (C) by adding at the end the following new
subparagraph:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 1102. FOREIGN LANGUAGE PROFICIENCY PAY.</DELETED>
<DELETED> Section 1596a of title 10, United States Code, is
amended--</DELETED>
<DELETED> (1) in subsection (a)(2), by striking ``during a
contingency operation supported by the armed forces'';
and</DELETED>
<DELETED> (2) in subsection (c), by inserting before the
period at the end the following: ``and shall not be considered
base pay for any purpose''.</DELETED>
<DELETED>SEC. 1103. PAY PARITY FOR CIVILIAN INTELLIGENCE
PERSONNEL.</DELETED>
<DELETED> Section 1602 of title 10, United States Code, is amended--
</DELETED>
<DELETED> (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
Department of Defense Senior Executive, Senior Level, and other
comparable positions''; and</DELETED>
<DELETED> (2) by amending subsection (b) to read as
follows:</DELETED>
<DELETED> ``(b) Performance Appraisal System.--The positions
referred to in subsection (a) shall be subject to a performance
appraisal system which, as designed and applied, is certified by the
Secretary of Defense as making meaningful distinctions based on
relative performance and may be the same performance appraisal system
established and implemented within the Department for members of the
Senior Executive Service.''.</DELETED>
<DELETED>SEC. 1104. PAY PARITY FOR SENIOR EXECUTIVES IN NONAPPROPRIATED
FUND INSTRUMENTALITIES.</DELETED>
<DELETED> (a) In General.--Chapter 81 of title 10, United States
Code, is amended by adding at the end the following new
section:</DELETED>
<DELETED>``Sec. 1599e. Senior executive compensation for
nonappropriated fund instrumentalities</DELETED>
<DELETED> ``Notwithstanding any provisions of title 5, the Secretary
of Defense may regulate the amount of total compensation, including the
rate of basic pay, of senior executives employed by Department of
Defense nonappropriated fund instrumentalities, to provide for parity
with the total compensation, including basic pay, of Department of
Defense employees in the Senior Executive Service and other similar
senior executive positions.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the item
relating to section 1599d the following new item:</DELETED>
<DELETED>``1599e. Senior executive compensation for nonappropriated
fund instrumentalities.''.
<DELETED>SEC. 1105. PROHIBITION OF UNAUTHORIZED WEARING OR USE OF
CIVILIAN MEDALS OR DECORATIONS.</DELETED>
<DELETED> Chapter 57 of title 10, United States Code, is amended by
adding at the end the following new section:</DELETED>
<DELETED>``Sec. 1134. Civilian medals or decorations of the Department
of Defense</DELETED>
<DELETED> ``(a) Prohibition.--Except with the written permission of
the Secretary of Defense or when authorized by regulations, no person
may knowingly--</DELETED>
<DELETED> ``(1) wear; or</DELETED>
<DELETED> ``(2) use, in connection with any merchandise,
retail product, impersonation, solicitation, or commercial
activity;</DELETED>
<DELETED>medals, decorations, or other insignia awarded by the
Secretary of Defense to recognize Department of Defense civilian
employees and other individuals who render service to the Department of
Defense.</DELETED>
<DELETED> ``(b) Authority To Enjoin Violations.--Whenever it appears
to the Attorney General that any person is engaged or is about to
engage in an act or practice which constitutes or will constitute
conduct prohibited by subsection (a), the Attorney General may initiate
a civil proceeding in a district court of the United States to enjoin
such act or practice. Such court shall proceed as soon as practicable
to the hearing and determination of such action and may, at any time
before final determination, enter such restraining orders or
prohibitions, or take such other actions as is warranted, including
imposing a civil penalty not to exceed $25,000 for each violation, to
prevent injury to the United States or to any person or class of
persons for whose protection the action is brought.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the following
new item:</DELETED>
<DELETED>``1134. Civilian medals or decorations of the Department of
Defense.''
<DELETED>TITLE XII--MATTERS RELATING TO OTHER NATIONS</DELETED>
<DELETED>Subtitle A--Matters Relating to Iraq, Afghanistan, and Global
War on Terrorism</DELETED>
<DELETED>SEC. 1201. DOCUMENTATION OF CONDITIONS IN IRAQ UNDER FORMER
DICTATORIAL GOVERNMENT AS PART OF TRANSITION TO POST-
DICTATORIAL GOVERNMENT.</DELETED>
<DELETED> (a) Findings.--The Congress makes the following
findings:</DELETED>
<DELETED> (1) The regime of Saddam Hussein in Iraq was a
dictatorial regime prone to secrecy in the maintenance of its
hold on power.</DELETED>
<DELETED> (2) The people of Iraq all suffered as a result of
Saddam Hussein's dictatorial control.</DELETED>
<DELETED> (3) Efforts in other post-dictatorial states to
document the crimes and abuses of their predecessor dictatorial
governments have contributed to the process of national
reconciliation and have served as a reminder about the
importance of protecting individual rights.</DELETED>
<DELETED> (b) Transfer of Certain Documents and Records.--The
Secretary of Defense shall, to the extent practicable, establish a
process for expeditiously transferring to indigenous Iraqi entities
committed to documenting publicly the nature of the Saddam Hussein
regime any documents and records described in subsection (c) that are
obtained by United States military forces in Iraq.</DELETED>
<DELETED> (c) Covered Documents and Records.--The documents and
records referred to in subsection (b) are documents and records--
</DELETED>
<DELETED> (1) that were created by--</DELETED>
<DELETED> (A) the Government of Iraq between 1968
and May 1, 2003; or</DELETED>
<DELETED> (B) the Ba'ath Socialist Party in Iraq
after 1968; and</DELETED>
<DELETED> (2) that provide insight into--</DELETED>
<DELETED> (A) the functioning of the Government of
Iraq or the Ba'ath Socialist Party in Iraq;
or</DELETED>
<DELETED> (B) the crimes, atrocities, and brutal
practices of the Iraqi government towards the people of
Iraq during the period between 1968 and May 1,
2003.</DELETED>
<DELETED>SEC. 1202. SUPPORT OF MILITARY OPERATIONS TO COMBAT
TERRORISM.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) 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)).</DELETED>
<DELETED> (c) 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 this section 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.</DELETED>
<DELETED> (d) 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.</DELETED>
<DELETED> (e) Period of Authority.--The authority under subsection
(a) is in effect during each of fiscal years 2005 through
2007.</DELETED>
<DELETED>SEC. 1203. COMMANDERS' EMERGENCY RESPONSE PROGRAM.</DELETED>
<DELETED> (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 of this Act, not to exceed
$300,000,000 may be used, notwithstanding any other provision of law,
to provide funds for the Commanders' Emergency Response Program,
established by the Administrator of the Coalition Provisional Authority
for the purpose of enabling 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 to provide funds for a similar program to
assist the people of Afghanistan.</DELETED>
<DELETED> (b) Quarterly Reports.--The Secretary of Defense shall
submit to the congressional defense committees a quarterly report,
beginning on January 15, 2005, regarding the source of funds and the
allocation and use of funds made available pursuant to the
authorityprovided in this section.</DELETED>
<DELETED>SEC. 1204. STATUS OF IRAQI SECURITY FORCES.</DELETED>
<DELETED> (a) Strategic Plan.--No later than 120 days 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 House of
Representatives a strategic plan setting forth the manner in which the
United States will achieve the goal of establishing viable and
professional Iraqi security forces able to provide for the long-term
security of the Iraqi people.</DELETED>
<DELETED> (b) Components.--The strategic plan established under
subsection (a) shall include at least the following:</DELETED>
<DELETED> (1) Recruiting and retention goals, shown for each
service of the Iraqi security forces.</DELETED>
<DELETED> (2) Training plans for each service of the Iraqi
security forces.</DELETED>
<DELETED> (3) A description of metrics by which progress
toward the goal of Iraqi provision for its own security can be
measured.</DELETED>
<DELETED> (4) A description of equipment needs, shown for
each service of the Iraqi security forces.</DELETED>
<DELETED> (5) A resourcing plan for achieving the goals of
the strategic plan.</DELETED>
<DELETED> (6) Personnel plans in terms of United States
military and contractor personnel to be used in training each
such service.</DELETED>
<DELETED> (7) A description of challenges faced and
opportunities presented in particular regions of Iraq and a
plan for addressing those challenges.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Subsequent Reports.--Ninety days following the
submission of the strategic plan to Congress under subsection (a) and
every 90 days thereafter, the Secretary shall submit to the Committees
on Armed Services of the Senate and House of Representatives a report
on progress toward meeting the goals established in the strategic plan.
Each such report shall address the following:</DELETED>
<DELETED> (1) The number of forces recruited, currently
serving, and that have left (along with a break-down of the
reasons for leaving) by service over the period in
question.</DELETED>
<DELETED> (2) Progress in meeting training goals.</DELETED>
<DELETED> (3) Progress in achieving other metrics as
identified in the strategic plan.</DELETED>
<DELETED> (4) A description and analysis of any training
incidents and deployment successes and failures, with a
discussion of how those incidents and successes will affect
future efforts to achieve the goals of the strategic
plan.</DELETED>
<DELETED> (d) Iraqi Security Forces Defined.--In this section, the
term ``Iraqi security forces'' means the Iraqi Armed Forces (IAF), the
Iraqi Civil Defense Corps (ICDC), the Iraqi Police Service (IPS), the
Department of Border Enforcement (DBE), and the Facilities Protection
Services (FCS).</DELETED>
<DELETED>SEC. 1205. GUIDANCE AND REPORT REQUIRED ON CONTRACTORS
SUPPORTING DEPLOYED FORCES IN IRAQ.</DELETED>
<DELETED> (a) Guidance.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall issue
guidance on how to manage contractors that support deployed forces and
shall direct the Secretaries of the military departments to develop
procedures to ensure implementation of the guidance. The guidance
shall--</DELETED>
<DELETED> (1) establish policies for the use of contractors
to support deployed forces;</DELETED>
<DELETED> (2) delineate the roles and responsibilities of
commanders regarding the management and oversight of
contractors that support deployed forces; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) 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 House of
Representatives and the Senate a report containing a discussion of the
following:</DELETED>
<DELETED> (1) A description of the process used by the
Department of Defense for deciding which security functions in
Iraq will be performed by military personnel and which by
private security companies.</DELETED>
<DELETED> (2) A discussion of the overall chain of command
and oversight mechanisms that are in place to ensure adequate
command and supervision of contractor personnel in critical
security roles.</DELETED>
<DELETED> (3) An explanation of the rules of engagement for
private security personnel throughout Iraq, along with how
training in these rules of engagement is being carried
out.</DELETED>
<DELETED> (4) A description of mechanisms that exist or that
are under consideration to share intelligence and standardize
communications procedures among private security
companies.</DELETED>
<DELETED> (5) Casualty and fatality figures for each
contractor in Iraq supporting deployed forces over the period
beginning on May 1, 2003, and ending on the date of the
issuance of the guidance.</DELETED>
<DELETED> (6) Disciplinary or criminal actions brought
against such contractors during the period covered by the
report.</DELETED>
<DELETED> (7) Any incidents of note in Iraq regarding such
contractors during the period covered by the report.</DELETED>
<DELETED> (8) A plan for establishing and implementing a
process for collecting data on individual contractors, the
value of the contracts, and the number of personnel in Iraq
performing the following services:</DELETED>
<DELETED> (A) Personal security details.</DELETED>
<DELETED> (B) Non-military site security.</DELETED>
<DELETED> (C) Non-military convoy
security.</DELETED>
<DELETED> (D) Interrogation services at
interrogation centers operated by the Department of
Defense.</DELETED>
<DELETED>SEC. 1206. FINDINGS AND SENSE OF CONGRESS CONCERNING ARMY
SPECIALIST JOSEPH DARBY.</DELETED>
<DELETED> (a) Findings.--Congress makes the following
findings:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) While the Department of Defense investigate
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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Such an action is especially important in
light of the many challenges facing the country.</DELETED>
<DELETED> (5) Specialist Darby deserves the Nation's thanks
for speaking up and for standing up for what is
right.</DELETED>
<DELETED> (b) Sense of Congress.--It is the sense of Congress that--
</DELETED>
<DELETED> (1) the Secretary of Defense should make every
protection available to Army Specialist Joseph Darby and others
who demonstrate such courage; and</DELETED>
<DELETED> (2) Specialist Darby should be commended
appropriately by the Secretary of the Army.</DELETED>
<DELETED>SEC. 1207. SENSE OF CONGRESS CONCERNING THE ABUSE OF PERSONS
IN CUSTODY IN IRAQ.</DELETED>
<DELETED> It is the sense of Congress that--</DELETED>
<DELETED> (1) the abuses inflicted upon detainees at the Abu
Ghraib prison in Baghdad, Iraq, are offensive to the principles
and values of the American people and the United States
military, are incompatible with the professionalism,
dedication, standards and training required of individuals who
serve in the United States military, and contradict the
policies, orders, and laws of the United States and the United
States military and undermine the ability of the United States
military to achieve its mission in Iraq.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) the abuse of persons in United States custody
in Iraq is appropriately condemned and deplored by the American
people;</DELETED>
<DELETED> (4) the Armed Forces are moving swiftly and
decisively to identify, try, and punish persons who were
responsible or culpable for such abuse;</DELETED>
<DELETED> (5) the Secretary of the Army must continue to
conduct a full and thorough investigation into any and all
allegations of mistreatment or abuse of detainees in
Iraq;</DELETED>
<DELETED> (6) the Secretary of the Army and appropriate
military authorities must continue to undertake corrective
action to address chain of command deficiencies and the
systemic deficiencies identified in the incidents in
question;</DELETED>
<DELETED> (7) the American principle and tradition of
affording proper and humane treatment to persons under the
custody of the United States Armed Forces must be
reaffirmed;</DELETED>
<DELETED> (8) the alleged crimes of a handful of individuals
should not detract from the commendable sacrifices of over
300,000 members of the United States Armed Forces who have
served, or who are serving, in Operation Iraqi Freedom;
and</DELETED>
<DELETED> (9) the United States expresses its continuing
solidarity and support for its partnership with the Iraqi
people in building a viable Iraqi government and a secure
nation.</DELETED>
<DELETED>SEC. 1208. SENSE OF CONGRESS REGARDING LIMITATION ON USE OF
FUNDS FOR THE RECONSTRUCTION OF IRAQ.</DELETED>
<DELETED> It is the sense of Congress that no funds available to any
department or agency of the United States Government may be used to
provide assistance for the reconstruction of Iraq unless the President
certifies to Congress that the United States Government has entered
into an agreement with the Iraqi Governing Council or a transitional
government in Iraq under which Iraq agrees that it will expend a
significant portion of its revenues generated from oil production for
reconstruction activities in Iraq.</DELETED>
<DELETED>SEC. 1209. SENSE OF CONGRESS ON DESTRUCTION OF ABU GHRAIB
PRISON IN IRAQ.</DELETED>
<DELETED> (a) Findings.--Congress makes the following
findings:</DELETED>
<DELETED> (1) Under the regime of Saddam Hussein, the Abu
Ghraib prison in Iraq was one of the world's most notorious
prisons.</DELETED>
<DELETED> (2) Under that regime, as many as 50,000 men and
women were jammed into the prison at one time in 12 feet by 12
feet cells.</DELETED>
<DELETED> (3) Under that regime, many people were tortured
and executed in the Abu Ghraib prison.</DELETED>
<DELETED> (4) Recent activities have further highlighted the
horrible memories that Abu Ghraib stands for.</DELETED>
<DELETED> (b) Sense of Congress.--It is the sense of the Congress
that the Secretary of Defense should assist the Iraqi Government, with
the approval of that government, in destroying the Abu Ghraib prison
and replacing it with a modern detention facility.</DELETED>
<DELETED>Subtitle B--Other Matters</DELETED>
<DELETED>SEC. 1211. ASSIGNMENT OF ALLIED NAVAL PERSONNEL TO SUBMARINE
SAFETY PROGRAMS.</DELETED>
<DELETED> (a) In General.--Chapter 631 of title 10, United States
Code, is amended by adding at the end the following new
section:</DELETED>
<DELETED>``Sec. 7234. Submarine safety programs: participation of
allied naval personnel</DELETED>
<DELETED> ``(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 and Australia, Japan, the Republic of
Korea, and Sweden may be assigned to United States commands to work on
such systems and procedures.</DELETED>
<DELETED> ``(b) 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:</DELETED>
<DELETED> ``(A) Salary.</DELETED>
<DELETED> ``(B) Per diem.</DELETED>
<DELETED> ``(C) Cost of living.</DELETED>
<DELETED> ``(D) Travel costs.</DELETED>
<DELETED> ``(E) Cost of language or other
training.</DELETED>
<DELETED> ``(F) Other costs.</DELETED>
<DELETED> ``(2) Paragraph (1) does not apply to the following costs,
which may be paid by the United States:</DELETED>
<DELETED> ``(A) The cost of temporary duty directed by the
United States Navy.</DELETED>
<DELETED> ``(B) The cost of training programs conducted to
familiarize, orient, or certify members of foreign naval
services regarding unique aspects of their
assignments.</DELETED>
<DELETED> ``(C) Costs incident to the use of the facilities
of the United States Navy in the performance of assigned
duties.</DELETED>
<DELETED> ``(d) Applicability to Authority to Enter Into
Agreements.--The requirements 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 United States
Navy submarine safety program.</DELETED>
<DELETED> ``(e) Regulations.--The Secretary of the Navy may
prescribe regulations for the application of this section in the
exercise of authority referred to in subsection (d).''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the following
new item:</DELETED>
<DELETED>``7234. Submarine safety programs: participation of allied
naval personnel.''.
<DELETED>SEC. 1212. EXPANSION OF ENTITIES OF THE PEOPLE'S REPUBLIC OF
CHINA SUBJECT TO CERTAIN PRESIDENTIAL AUTHORITIES WHEN
OPERATING IN THE UNITED STATES.</DELETED>
<DELETED> 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 by inserting after ``the People's Liberation Army'' the
following: ``, by a ministry of the government of the People's Republic
of China, or by an entity affiliated with the defense industrial base
of the People's Republic of China''.</DELETED>
<DELETED>SEC. 1213. REPORT BY PRESIDENT ON GLOBAL PEACE OPERATIONS
INITIATIVE.</DELETED>
<DELETED> Not later than one year after the date of the enactment of
this Act, the President shall submit to the Congress a report on the
Global Peace Operations Initiative. The report shall include the
following elements:</DELETED>
<DELETED> (1) A summary of the goals of the Global Peace
Operations Initiative and the timetable for achieving those
goals.</DELETED>
<DELETED> (2) An examination of the mechanisms by which the
United States will ensure that foreign countries acquiring new
capabilities as a result of that Initiative will use those
capabilities to the national security benefit of the United
States.</DELETED>
<DELETED> (3) An examination of the mechanisms by which the
United States will ensure that training and equipment provided
under that Initiative are used solely for the purposes of
peacekeeping and peace enforcement operations.</DELETED>
<DELETED> (4) An examination of the human rights practices
of potential recipients under that Initiative, to include a
discussion of each potential recipient's commitment to
representative government.</DELETED>
<DELETED> (5) As assessment of the financial resources
required to carry out that Initiative during fiscal years 2005
through 2009.</DELETED>
<DELETED> (6) An assessment of the effectiveness of the
program of the Department of State referred to as the African
Contingency Operations and Training Assistance program and the
capacity of that program to be expanded.</DELETED>
<DELETED> (7) A review that compares and contrasts the basic
military skills required of warfighters and the skills needed
for peacekeeping and peace enforcement operations.</DELETED>
<DELETED> (8) An assessment of the ability of military
forces in the developing world to absorb, retain, and use the
advanced skills and capabilities needed for effective
peacekeeping and peace enforcement operations.</DELETED>
<DELETED> (9) A proposal for providing sufficient resources
to the Department of State to conduct the Global Peace
Operations Initiative without significant financial
contributions from the Department of Defense.</DELETED>
<DELETED> (10) An explanation of the reasons of the
Administration for proposing to exempt the Global Peace
Operations Initiative from existing law related to the type of
military and police training the United States may provide to
foreign countries.</DELETED>
<DELETED> (11) An examination of the costs and benefits of
transferring responsibility for the training and equipping of
foreign military and security forces from the Department of
State to the Department of Defense, including an identification
of any increased resources that will be provided to the
Department of Defense should the Department of Defense become
responsible for that activity.</DELETED>
<DELETED>SEC. 1214. PROCUREMENT SANCTIONS AGAINST FOREIGN PERSONS THAT
TRANSFER CERTAIN DEFENSE ARTICLES AND SERVICES TO THE
PEOPLE'S REPUBLIC OF CHINA.</DELETED>
<DELETED> (a) Declaration of Policy.--Congress declares that it is
the policy of the United States to deny the People's Republic of China
such defense goods and defense technology that could be used to
threaten the United States or undermine the security of Taiwan or the
stability of the Western Pacific region.</DELETED>
<DELETED> (b) Procurement Sanction.--(1) The Secretary of Defense
may not procure, by contract or otherwise, any goods or services from--
</DELETED>
<DELETED> (A) any foreign person the Secretary of Defense
determines has, with actual knowledge, on or after the date of
the enactment of this Act, exported, transferred, or otherwise
provided to governmental or nongovernmental entities of the
People's Republic of China any item or class of items on the
United States Munitions List (or any item or class of items
that are identical, substantially identical, or directly
competitive to an item or class of items on the United States
Munitions List); and</DELETED>
<DELETED> (B) any foreign person the Secretary of Defense
determines--</DELETED>
<DELETED> (i) is a successor entity to a person
referred to in paragraph (1);</DELETED>
<DELETED> (ii) is a parent or subsidiary of a person
referred to in paragraph (1); or</DELETED>
<DELETED> (iii) is an affiliate of a person referred
to in paragraph (1) if that affiliate is controlled in
fact by such person.</DELETED>
<DELETED> (2) The prohibition under paragraph (1) with respect to a
foreign person shall last for a period of five years after a
determination is made by the Secretary of Defense with respect to that
person under paragraph (1)(A).</DELETED>
<DELETED> (c) Public Availability of List of Sanctioned Persons.--
(1) The Secretary of Defense shall annually publish in the Federal
Register a current list of any foreign persons sanctioned under
subsection (b). The removal of foreign persons from, and the addition
of foreign persons to, the list shall also be so published.</DELETED>
<DELETED> (2) The Secretary shall maintain the list published under
paragraph (1) on the Internet website of the Department of
Defense.</DELETED>
<DELETED> (d) Removal From List of Sanctioned Persons.--The
Secretary of Defense may remove a person from the list of sanctioned
persons referred to in subsection (c) only after the five-year
prohibition period imposed under subsection (b) with respect to the
person has expired.</DELETED>
<DELETED> (e) Exceptions.--(1) Subsection (b) shall not apply--
</DELETED>
<DELETED> (A) to contracts, or subcontracts under such
contracts, in existence on the date of the enactment of this
Act, including options under such contracts;</DELETED>
<DELETED> (B) if the Secretary of Defense determines in
writing that the person to which the sanctions would otherwise
be applied is a sole source supplier of the goods or services
being procured, that the goods or services are essential, and
that alternative sources are not readily or reasonably
available;</DELETED>
<DELETED> (C) in the case of a contract for routine
servicing and maintenance, if the Secretary of Defense
determines in writing alternative sources for performing the
contract are not readily or reasonably available; or</DELETED>
<DELETED> (D) if the Secretary of Defense determines in
writing that goods or services proposed to be procured under
the contract are essential to the national security of the
United States.</DELETED>
<DELETED> (2) Determinations under paragraph (1) shall be published
in the Federal Register.</DELETED>
<DELETED> (f) Definitions.--In this section:</DELETED>
<DELETED> (1) The term ``foreign person'' has the meaning
given the term in section 14 of the Iran and Libya Sanctions
Act of 1996 (50 U.S.C. 1701).</DELETED>
<DELETED> (2) The term ``United States Munitions List''
means the list referred to in section 38(a)(1) of the Arms
Export Control Act (22 U.S.C. 2778(a)(1)).</DELETED>
<DELETED>SEC. 1215. MILITARY EDUCATIONAL EXCHANGES BETWEEN SENIOR
OFFICERS AND OFFICIALS OF THE UNITED STATES AND
TAIWAN.</DELETED>
<DELETED> (a) Defense Exchanges.--The Secretary of Defense shall
undertake a program of senior military officer and senior official
exchanges with Taiwan designed to improve Taiwan's defenses against the
People's Liberation Army of the People's Republic of China.</DELETED>
<DELETED> (b) Exchanges Described.--For the purposes of this
section, the term ``exchange'' means an activity, exercise, event, or
observation opportunity between Armed Forces personnel or Department of
Defense officials of the United States and armed forces personnel and
officials of Taiwan.</DELETED>
<DELETED> (c) Focus of Exchanges.--The senior military officer and
senior official exchanges undertaken pursuant to subsection (a) shall
include exchanges focused on the following, especially as they relate
to defending Taiwan against potential submarine attack and potential
missile attack:</DELETED>
<DELETED> (1) Threat analysis.</DELETED>
<DELETED> (2) Military doctrine.</DELETED>
<DELETED> (3) Force planning.</DELETED>
<DELETED> (4) Logistical support.</DELETED>
<DELETED> (5) Intelligence collection and
analysis.</DELETED>
<DELETED> (6) Operational tactics, techniques, and
procedures.</DELETED>
<DELETED> (d) Civil-Military Affairs.--The senior military officer
and senior official exchanges undertaken pursuant to subsection (a)
shall include activities and exercises focused on civil-military
relations, including parliamentary relations.</DELETED>
<DELETED> (e) Location of Exchanges.--The senior military officer
and senior official exchanges undertaken pursuant to subsection (a)
shall be conducted in both the United States and Taiwan.</DELETED>
<DELETED> (f) Definitions.--For purposes of this section:</DELETED>
<DELETED> (1) The term ``senior military officer'' means a
general or flag officer of the Armed Forces on active
duty.</DELETED>
<DELETED> (2) The term ``senior official'' means a civilian
official of the Department of Defense at the level of Deputy
Assistant Secretary of Defense or above.</DELETED>
<DELETED>TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE
FORMER SOVIET UNION</DELETED>
<DELETED>SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS AND FUNDS.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 1302. FUNDING ALLOCATIONS.</DELETED>
<DELETED> (a) Funding for Specific Purposes.--Of the amount
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:</DELETED>
<DELETED> (1) For strategic offensive arms elimination in
Russia, $58,522,000.</DELETED>
<DELETED> (2) For nuclear weapons transportation security in
Russia, $26,284,000.</DELETED>
<DELETED> (3) For nuclear weapons storage security in
Russia, $48,720,000.</DELETED>
<DELETED> (4) For activities designated as Other
Assessments/Administrative Support, $14,267,000.</DELETED>
<DELETED> (5) For defense and military contacts,
$8,000,000.</DELETED>
<DELETED> (6) For chemical weapons destruction in Russia,
$158,400,000.</DELETED>
<DELETED> (7) For biological weapons proliferation
prevention in the former Soviet Union, $55,013,000.</DELETED>
<DELETED> (8) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$40,030,000.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) 15 days have elapsed following the date of the
notification.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 1303. TEMPORARY AUTHORITY TO WAIVE LIMITATION ON FUNDING
FOR CHEMICAL WEAPONS DESTRUCTION FACILITY IN
RUSSIA.</DELETED>
<DELETED> (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 if the President submits to Congress
a written certification that includes--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) a full and complete justification for the
waiver of the conditions; and</DELETED>
<DELETED> (3) a plan to promote a full and accurate
disclosure by Russia regarding the size, content, status, and
location of its chemical weapons stockpile.</DELETED>
<DELETED> (b) Expiration.--The authority in subsection (a) shall
expire on September 30, 2005.</DELETED>
<DELETED>TITLE XIV--EXPORT CONTROLS AND COUNTERPROLIFERATION
MATTERS</DELETED>
<DELETED>Subtitle A--Export Control Matters</DELETED>
<DELETED>SEC. 1401. DEFINITIONS UNDER ARMS EXPORT CONTROL
ACT.</DELETED>
<DELETED> Section 47 of the Arms Export Control Act (22 U.S.C. 2794)
is amended--</DELETED>
<DELETED> (1) in paragraph (10)--</DELETED>
<DELETED> (A) by moving the margin two ems to the
left; and</DELETED>
<DELETED> (B) by striking ``and'' at the
end;</DELETED>
<DELETED> (2) in paragraph (11)--</DELETED>
<DELETED> (A) by moving the margin two ems to the
left; and</DELETED>
<DELETED> (B) by striking the period at the end and
inserting a semicolon; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(12) `license' means a document bearing the word license
issued by the United States Government agency charged with implementing
section 38 of this Act, which permits the export or import of a defense
article or defense service;</DELETED>
<DELETED> ``(13) `agent' means a representative or emissary of a
government other than an officer or employee of the government;
and</DELETED>
<DELETED> ``(14) `exporting agent' means a freight forwarder or
other consignee designated on a license application who is authorized
to act on behalf of and the control of the license
applicant.''.</DELETED>
<DELETED>SEC. 1402. EXEMPTION FROM LICENSING REQUIREMENTS FOR EXPORT OF
SIGNIFICANT MILITARY EQUIPMENT.</DELETED>
<DELETED> Section 38(b)(2) of the Arms Export Control Act (22 U.S.C.
2778(b)(2)) is amended--</DELETED>
<DELETED> (1) by striking ``(2) Except'' and inserting
``(2)(A) Except'';</DELETED>
<DELETED> (2) by striking ``(A) for official'' and inserting
``(i) for official'' and further by striking ``(B) for carrying
out'' and inserting ``(ii) for carrying out''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(B) The President may not establish an exemption in
regulation or otherwise from the license requirements of this section
for the export of a defense article that is significant military
equipment (other than a firearm that is intended for personal
use).''.</DELETED>
<DELETED>SEC. 1403. COOPERATIVE PROJECTS WITH FRIENDLY FOREIGN
COUNTRIES.</DELETED>
<DELETED> Section 27 of the Arms Export Control Act (22 U.S.C. 2767)
is amended--</DELETED>
<DELETED> (1) in subsection (g) to read as
follows:</DELETED>
<DELETED> ``(g) Unless the President states in his certification
that an emergency exists which requires the immediate approval of the
cooperative agreement in the national security interests of the United
States (in which case the President shall set forth in the
certification a justification for this determination), an agreement
shall not be signed if, within the 30-day period specified in
subsection (f), a joint resolution prohibiting the agreement is enacted
into law.''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(k) A license shall be required for the export of
defense articles or defense services relating to a cooperative project
by any person required to be registered under section 38(b)(1)(A)(i)
whenever such export is made pursuant to, or in furtherance of, a
private contract, purchase order, or similar commercial arrangement
with a foreign corporation.''.</DELETED>
<DELETED>SEC. 1404. LICENSING REQUIREMENT FOR EXPORT OF MILITARILY
CRITICAL TECHNOLOGIES.</DELETED>
<DELETED> (a) Licensing Requirement.--The President shall require a
license under the Export Administration Regulations of the Department
of Commerce (15 C.F.R. part 730 et seq.) or the International Traffic
in Arms Regulations (22 C.F.R. part 120 et seq.), as the case may be,
for the export of goods or technologies included on the Militarily
Critical Technologies List.</DELETED>
<DELETED> (b) Definition.--In this section, the term ``Militarily
Critical Technologies List'' means the list required to be developed by
the Secretary of Defense pursuant to section 5(d)(2) of the Export
Administration Act of 1979 (50 U.S.C. App. 2404(d)(2)), as such list
was effect on January 20, 2004, and includes any goods or technologies
that have been added to the list after that date.</DELETED>
<DELETED>SEC. 1405. CONTROL OF EXPORTS OF UNITED STATES WEAPONS
TECHNOLOGY TO THE PEOPLE'S REPUBLIC OF CHINA.</DELETED>
<DELETED> A dual use good or technology subject to the jurisdiction
of the Export Administration Regulations of the Department of Commerce
(15 C.F.R. part 730 et seq.) and a defense article or defense service
subject to the jurisdiction of the International Traffic in Arms
Regulations (22 C.F.R. part 120 et seq.) may be exported to a foreign
person or a foreign country that has previously exported any such item
to the military, intelligence, police, or internal security services of
the Government of the People's Republic of China that would be
prohibited for export to China if subject to United States export
control laws only if--</DELETED>
<DELETED> (1) a license for such export is approved under
the Export Administration Regulations or the International
Traffic in Arms Regulations and the Secretary of Defense
concurs in the approval of such license; and</DELETED>
<DELETED> (2) the foreign person or foreign country agrees
in writing not to transfer title to or possession of, or
otherwise provide access to, the licensed items, unless the
President provides written consent thereto.</DELETED>
<DELETED>SEC. 1406. STRENGTHENING INTERNATIONAL EXPORT
CONTROLS.</DELETED>
<DELETED> (a) Finding.--The Congress recognizes that the
international export control system, as currently constituted, is
insufficient to achieve the national security interests of the United
States.</DELETED>
<DELETED> (b) National Export Control Policy.--It is the policy of
the United States to seek continued negotiations of a strengthened
international export control system for the control of arms and
militarily-sensitive goods and technology to countries of
concern.</DELETED>
<DELETED> (c) Presidential Reporting Requirement.--(1) Not later
than 180 days after the date of the enactment of this Act, and every
six months thereafter, the President shall submit to the committees
referred to in subsection (d) a report setting forth the President's
plan for effecting a strengthened international export control system
capable of achieving the national security interests of the United
States.</DELETED>
<DELETED> (2) The report shall include--</DELETED>
<DELETED> (A) an evaluation of the effectiveness of the
current international export control system;</DELETED>
<DELETED> (B) a plan for negotiating and implementing a
strengthened international export control system capable of
achieving the national security interests of the United States;
and</DELETED>
<DELETED> (C) challenges to and progress in negotiating and
implementing that plan.</DELETED>
<DELETED> (d) Committees; Classification of Report.--(1) The report
required by subsection (c) shall be submitted to--</DELETED>
<DELETED> (A) the Committee on Armed Services, the Committee
on International Relations, and the Permanent Select Committee
on Intelligence of the House of Representatives; and</DELETED>
<DELETED> (B) the Committee on Armed Services, the Committee
on Banking, Housing and Urban Affairs, and the Select Committee
on Intelligence of the Senate.</DELETED>
<DELETED> (2) The report shall be submitted in unclassified form
and, as necessary, in classified form.</DELETED>
<DELETED>Subtitle B--Counterproliferation Matters</DELETED>
<DELETED>SEC. 1411. DEFENSE INTERNATIONAL COUNTERPROLIFERATION
PROGRAMS.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) by striking ``The training program referred to
in paragraph (1)(B) is a'' and inserting `The Secretary of
Defense may participate in a'';</DELETED>
<DELETED> (2) by inserting ``of'' after
``acquisition'';</DELETED>
<DELETED> (3) by striking ``and'' after ``countries'';
and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 1412. DEFENSE COUNTERPROLIFERATION FELLOWSHIP
PROGRAM.</DELETED>
<DELETED> (a) Program Authorized.--Chapter 101 of title 10, United
States Code, is amended by adding at the end the following new
section:</DELETED>
<DELETED>``Sec. 2015. Defense counterproliferation fellowship
program</DELETED>
<DELETED> ``(a) Program Authority.--The Secretary of Defense may
carry out a program under which foreign military defense personnel are
selected to attend Department of Defense courses and programs in
counterproliferation and nonproliferation matters in order to improve
the ability of the foreign military defense personnel to contribute to
halting the illicit acquisition or transportation of weapons of mass
destruction or of materials that support the development or use of such
weapons.</DELETED>
<DELETED> ``(b) Authority to Pay for Costs of Participants.--The
Secretary of Defense may pay for all costs (including transportation,
travel, and subsistence costs) associated with the attendance by a
participant at courses and programs in the program under this
section.</DELETED>
<DELETED> ``(c) Participants.--(1) The following persons may be
selected for participation in the program under this section:</DELETED>
<DELETED> ``(A) Foreign military officers.</DELETED>
<DELETED> ``(B) Foreign ministry of defense
officials.</DELETED>
<DELETED> ``(2) Participants in the program shall be selected by the
Secretary of Defense based upon recommendations made by the commanders
of the regional unified combatant commands.</DELETED>
<DELETED> ``(d) Authorized Program Activities.--Participants in the
program may be selected for attendance at, and may be authorize to
attend, any of the following:</DELETED>
<DELETED> ``(1) Department of Defense professional military
educational institutions.</DELETED>
<DELETED> ``(2) Regional centers for security studies of the
Department of Defense.</DELETED>
<DELETED> ``(e) Regulations.--The Secretary of Defense shall
prescribe regulations for the administration of the program under this
section.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the following
new item:</DELETED>
<DELETED>``2015. Defense counterproliferation fellowship program.''.
<DELETED>Subtitle C--Initiatives Relating to Countries of Former Soviet
Union</DELETED>
<DELETED>SEC. 1421. SILK ROAD INITIATIVE.</DELETED>
<DELETED> (a) Findings.--Congress makes the following
findings:</DELETED>
<DELETED> (1) A number of independent states of the former
Soviet Union have been helpful to the United States in the war
on terrorism.</DELETED>
<DELETED> (2) Such states are new and struggling democracies
and would benefit considerably from assistance to create
sustainable jobs for their underemployed or unemployed
scientists, engineers, and technicians who were formerly
engaged in activities to develop and produce weapons of mass
destruction for the Russian Federation or other such
state.</DELETED>
<DELETED> (b) Policies.--(1) It is the policy of the United States
to seek to establish and promote programs to prevent the proliferation,
from scientists, engineers, and technicians of the Russian Federation
and other independent states of the former Soviet Union to countries of
proliferation concern, of expertise to develop and produce weapons of
mass destruction.</DELETED>
<DELETED> (2) It is also the policy of the United States to seek to
assist independent states of the former Soviet Union that have been
helpful to the United States in the war on terrorism so as to promote
the creation of jobs that foster economic stability and
democracy.</DELETED>
<DELETED> (c) 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 in the United
States and in Silk Road nations for scientists, engineers, and
technicians formerly engaged in activities to develop and produce
weapons of mass destruction in Silk Road nations. The program should--
</DELETED>
<DELETED> (A) incorporate best practices under the former
Initiatives for Proliferation Prevention program; and</DELETED>
<DELETED> (B) facilitate commercial partnerships between
private entities in the United States and scientists,
engineers, and technicians in the Silk Road nations.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Silk Road Nations Defined.--In this section, the Silk
Road nations are Armenia, Azerbaijan, the Republic of Georgia,
Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and
Uzbekistan.</DELETED>
<DELETED> (e) Funding.--Of the funds authorized to be appropriated
to the Department of Energy for nonproliferation and international
security for fiscal year 2005, $10,000,000 may be used to carry out
this section.</DELETED>
<DELETED>SEC. 1422. TELLER-KURCHATOV NONPROLIFERATION
FELLOWSHIPS.</DELETED>
<DELETED> (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 the Kurchatov Institute of the Russian Federation and scientists
employed at Lawrence Livermore National Laboratory, international
exchange fellowships, to be known as Teller-Kurchatov Nonproliferation
Fellowships, in the nuclear nonproliferation sciences.</DELETED>
<DELETED> (2) The purpose of the program shall be to provide
opportunities for advancement in the field of nuclear nonproliferation
to scientists who, as demonstrated by their academic or professional
achievements, show particular promise of making significant
contributions in that field.</DELETED>
<DELETED> (3) A fellowship awarded to a scientist under the program
shall be for study and training at (and, where appropriate, at an
institution of higher education in the vicinity of)--</DELETED>
<DELETED> (A) the Kurchatov Institute, in the case of a
scientist employed at Lawrence Livermore National Laboratory;
and</DELETED>
<DELETED> (B) Lawrence Livermore National Laboratory, in the
case of a scientist employed at the Kurchatov
Institute.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) In a calendar year, the Administrator may not award
more than--</DELETED>
<DELETED> (A) one fellowship to a scientist employed at the
Kurchatov Institute; and</DELETED>
<DELETED> (B) one fellowship to a scientist employed at
Lawrence Livermore National Laboratory.</DELETED>
<DELETED> (6) A fellowship under the program shall include--
</DELETED>
<DELETED> (A) travel expenses;</DELETED>
<DELETED> (B) any tuition and fees at an institution of
higher education for study or training under the fellowship;
and</DELETED>
<DELETED> (C) any other expenses that the Administrator
considers appropriate, such as room and board.</DELETED>
<DELETED> (b) Definitions.--In this section:</DELETED>
<DELETED> (1) The term ``institution of higher education''
means a college, university, or other educational institution
that is empowered by an appropriate authority, as determined by
the Administrator, to award degrees higher than the
baccalaureate level.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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 field of nuclear
nonproliferation.</DELETED>
<DELETED> (c) Funding.--Of the funds authorized to be appropriated
to the Department of Energy for nonproliferation and international
security for fiscal year 2005, $10,000,000 may be used to carry out
this section.</DELETED>
<DELETED>SEC. 1423. COLLABORATION TO REDUCE THE RISKS OF A LAUNCH OF
RUSSIAN NUCLEAR WEAPONS.</DELETED>
<DELETED> (a) Findings.--Congress finds that, despite the ending of
the Cold War more than a decade ago, the nuclear postures and strategic
command and control systems of the Russian Federation pose risks that a
nuclear ballistic missile could be launched as the result of an
accident, misinformation, miscalculation, or unauthorized use. Such
risks are posed as a result of factors including the
following:</DELETED>
<DELETED> (1) The high state of readiness of the Russian
Federation's nuclear forces.</DELETED>
<DELETED> (2) The remote locations of much of the Russian
Federation's nuclear forces.</DELETED>
<DELETED> (3) The inadequacy of the Russian Federation's
early-warning information.</DELETED>
<DELETED> (4) The very short time that would be available to
the President of the Russian Federation if the President were
informed that a nuclear ballistic missile attack was or might
be underway.</DELETED>
<DELETED> (5) The possibility that the Russian Federation,
because of concerns that much of its nuclear forces would not
survive a nuclear attack, may have a nuclear deterrence posture
reliant upon launching a retaliatory nuclear strike when it
believes a nuclear ballistic missile attack against it is or
might be underway.</DELETED>
<DELETED> (6) Deficiencies in the security and control of
the nuclear forces of the Russian Federation that could result
in unauthorized personnel gaining control of a nuclear-armed
missile or warhead.</DELETED>
<DELETED> (7) The susceptibility of nuclear strategic
command and control systems and early-warning systems to an
intrusion or accident that could create the false appearance
that a nuclear ballistic missile attack is or might be
underway.</DELETED>
<DELETED> (b) Report.--(1) Not later than November 1, 2005, the
Secretary of Defense shall submit to Congress a report on the
collaborative measures that the United States and the Russian
Federation could take to reduce the risks that a nuclear ballistic
missile could be launched as the result of an accident, misinformation,
miscalculation, or unauthorized use. For each such measure, the report
shall provide--</DELETED>
<DELETED> (A) specific comments on the advisability of the
measure in terms of the potential contribution of the measure
to the national security interests of the United States,
including the potential contribution of the measure in
improving relations between the United States and the Russian
Federation; and</DELETED>
<DELETED> (B) a description of the obstacles and
opportunities associated with pursuing the measure.</DELETED>
<DELETED> (2) In addition to any other measure that the Secretary
considers appropriate, the report required by paragraph (1) shall cover
the following measures:</DELETED>
<DELETED> (A) The future of the Joint Data Exchange
Center.</DELETED>
<DELETED> (B) Potential topics for discussion between high-
level military leaders of the United States and of the Russian
Federation on reducing the risk that a nuclear ballistic
missile could be launched as the result of an accident,
misinformation, miscalculation, or unauthorized use.</DELETED>
<DELETED>TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION
IRAQI FREEDOM AND OPERATION ENDURING FREEDOM</DELETED>
<DELETED>SEC. 1501. PURPOSE.</DELETED>
<DELETED> The purpose of this title is to authorize appropriations
for the Department of Defense for fiscal year 2005, in addition to
amounts otherwise authorized by this Act, to provide funds for
additional costs due to Operation Iraqi Freedom and Operation Enduring
Freedom.</DELETED>
<DELETED>Subtitle A--Authorization of Appropriations</DELETED>
<DELETED>SEC. 1511. ARMY PROCUREMENT.</DELETED>
<DELETED> Funds are hereby authorized to be appropriated for fiscal
year 2005 for procurement accounts of the Army in amounts as
follows:</DELETED>
<DELETED> (1) For aircraft, $498,300,000.</DELETED>
<DELETED> (2) For missiles, $42,800,000.</DELETED>
<DELETED> (3) For weapons and tracked combat vehicles,
$201,900,000.</DELETED>
<DELETED> (4) For ammunition, $78,750,000.</DELETED>
<DELETED> (5) For other procurement,
$1,567,410,000.</DELETED>
<DELETED> (6) For National Guard and Reserve equipment,
$50,000,000.</DELETED>
<DELETED>SEC. 1512. NAVY AND MARINE CORPS PROCUREMENT.</DELETED>
<DELETED> (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 $98,190,000.</DELETED>
<DELETED> (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 $38,402,000.</DELETED>
<DELETED>SEC. 1513. AIR FORCE PROCUREMENT.</DELETED>
<DELETED> Funds are hereby authorized to be appropriated for fiscal
year 2005 for the procurement account for aircraft for the Air Force in
amount of $99,000,000.</DELETED>
<DELETED>SEC. 1514. DEFENSE-WIDE ACTIVITIES PROCUREMENT.</DELETED>
<DELETED> Funds are hereby authorized to be appropriated for fiscal
year 2005 for the procurement account for Defense-wide procurement in
the amount of $720,000,000.</DELETED>
<DELETED>SEC. 1515. OPERATION AND MAINTENANCE.</DELETED>
<DELETED> Funds are hereby authorized to be appropriated for fiscal
year 2005 for the use of the Armed Forces for expenses, not otherwise
provided for, for operation and maintenance, in amounts as
follows:</DELETED>
<DELETED> (1) For the Army, $9,607,113,000.</DELETED>
<DELETED> (2) For the Navy, $256,500,000.</DELETED>
<DELETED> (3) For the Marine Corps,
$2,398,735,000.</DELETED>
<DELETED> (4) For the Air Force, $1,635,000,000.</DELETED>
<DELETED> (5) For Defense-wide, $2,327,900,000.</DELETED>
<DELETED>SEC. 1516. DEFENSE HEALTH PROGRAM.</DELETED>
<DELETED> 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
$75,000,000, for Operation and Maintenance.</DELETED>
<DELETED>SEC. 1517. MILITARY PERSONNEL.</DELETED>
<DELETED> There is hereby authorized to be appropriated to the
Department of Defense for military personnel accounts for fiscal year
2005 a total of $5,305,000,000.</DELETED>
<DELETED>SEC. 1518. TREATMENT AS ADDITIONAL AUTHORIZATIONS.</DELETED>
<DELETED> The amounts authorized to be appropriated by this title
are in addition to amounts otherwise authorized to be appropriated by
this Act.</DELETED>
<DELETED>SEC. 1519. TRANSFER AUTHORITY.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) The total amount of authorizations that the Secretary
may transfer under the authority of this section may not exceed
$2,500,000,000. The transfer authority provided in this section is in
addition to any other transfer authority available to the Secretary of
Defense.</DELETED>
<DELETED> (b) Limitations.--The authority provided by this section
to transfer authorizations--</DELETED>
<DELETED> (1) may only be used to provide authority for
items that have a higher priority than the items from which
authority is transferred;</DELETED>
<DELETED> (2) may not be used to provide authority for an
item that has been denied authorization by Congress;
and</DELETED>
<DELETED> (3) may not be combined with the authority under
section 1001.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).</DELETED>
<DELETED>SEC. 1520. DESIGNATION OF EMERGENCY AUTHORIZATIONS.</DELETED>
<DELETED> The amounts authorized to be appropriated by this title
are available upon the enactment of this Act and are designated for
emergency contingency operations related to the global war on
terrorism.</DELETED>
<DELETED>Subtitle B--Personnel Provisions</DELETED>
<DELETED>SEC. 1531. THREE-YEAR INCREASE IN ACTIVE ARMY STRENGTH
LEVELS.</DELETED>
<DELETED> (a) Authorized End Strengths.--(1) The end strength level
authorized for the Army for fiscal year 2005 under section 401 is
hereby increased by 10,000.</DELETED>
<DELETED> (2) For fiscal years 2006 and 2007, the Army is authorized
strengths for active duty personnel as follows:</DELETED>
<DELETED> (A) As of September 30, 2006, 502,400.</DELETED>
<DELETED> (B) As of September 30, 2007, 512,400.</DELETED>
<DELETED> (b) Statutory Minimum Active Strength Level.--The minimum
strength for the Army under section 691(b) of title 10, United States
Code (notwithstanding the number specified in paragraph (1) of that
section)--</DELETED>
<DELETED> (1) for the period beginning on October 1, 2004,
and ending on September 30, 2005, shall be the number specified
in section 401(1) of this Act, increased by 10,000;</DELETED>
<DELETED> (2) for the period beginning on October 1, 2005,
and ending on September 30, 2006, shall be 502,400;
and</DELETED>
<DELETED> (3) for the period beginning on October 1, 2006,
and ending on September 30, 2007, shall be 512,400.</DELETED>
<DELETED> (c) Notice to Congress.--If the Secretary of Defense, in
consultation with the Secretary of the Army, determines that
adjustments are necessary to the minimum end-strength level for the
Army in effect at any time pursuant to subsection (b), the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report providing the Secretary's
recommendations and rationale for such an adjustment. Such a report
must be submitted before the submission of the budget request for the
fiscal year for which the change would be effective.</DELETED>
<DELETED>SEC. 1532. THREE-YEAR INCREASE IN ACTIVE MARINE CORPS STRENGTH
LEVELS.</DELETED>
<DELETED> (a) Authorized End Strengths.--(1) The end strength level
authorized for the Marine Corps for fiscal year 2005 under section 401
is hereby increased by 3,000.</DELETED>
<DELETED> (2) For fiscal years 2006 and 2007, the Marine Corps is
authorized strengths for active duty personnel as follows:</DELETED>
<DELETED> (A) As of September 30, 2006, 181,000.</DELETED>
<DELETED> (B) As of September 30, 2007, 184,000.</DELETED>
<DELETED> (b) Statutory Minimum Active Strength Level.--The minimum
strength for the Marine Corps under section 691(b) of title 10, United
States Code (notwithstanding the number specified in paragraph (3) of
that section)--</DELETED>
<DELETED> (1) for the period beginning on October 1, 2004,
and ending on September 30, 2005, shall be the number specified
in section 401(3) of this Act, increased by 3,000;</DELETED>
<DELETED> (2) for the period beginning on October 1, 2005,
and ending on September 30, 2006, shall be 181,000;
and</DELETED>
<DELETED> (3) for the period beginning on October 1, 2006,
and ending on September 30, 2007, shall be 184,000.</DELETED>
<DELETED> (c) Notice to Congress.--If the Secretary of Defense, in
consultation with the Secretary of the Navy, determines that
adjustments are necessary to the minimum end-strength level for the
Marine Corps in effect at any time pursuant to subsection (b), the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report providing the
Secretary's recommendations and rationale for such an adjustment. Such
a report must be submitted before the submission of the budget request
for the fiscal year for which the change would be effective.</DELETED>
<DELETED>SEC. 1533. EXTENSION OF INCREASED RATES FOR IMMINENT DANGER
PAY AND FAMILY SEPARATION ALLOWANCE.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (2) Effective January 1, 2006, such section is further
amended--</DELETED>
<DELETED> (A) in subsection (a), by striking ``$150'' and
inserting ``$225''; and</DELETED>
<DELETED> (B) by striking subsection (e).</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (2) Effective January 1, 2006, such section is further
amended--</DELETED>
<DELETED> (A) in subsection (a)(1), by striking ``$100'' and
inserting ``$250''; and</DELETED>
<DELETED> (B) by striking subsection (e).</DELETED>
<DELETED>Subtitle C--Financial Management Matters</DELETED>
<DELETED>SEC. 1541. REVISED FUNDING METHODOLOGY FOR MILITARY RETIREE
HEALTH CARE BENEFITS.</DELETED>
<DELETED> (a) Revision.--Section 1116 of title 10, United States
Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 1116. Payments into the Fund</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) At the beginning of each fiscal year, the Secretary
of Defense shall determine the sum of the following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> `(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) The Secretary of Defense shall promptly certify the
amount determined under subsection (b) each year to the Secretary of
the Treasury.''.</DELETED>
<DELETED> (b) 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).''.</DELETED>
<DELETED> (2) Section 1115(a) of such title is amended by striking
``1116(c)'' and inserting ``1116''.</DELETED>
<DELETED> (3) Section 1115(b) of such title is amended--</DELETED>
<DELETED> (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).'';</DELETED>
<DELETED> (B) by striking paragraph (2);</DELETED>
<DELETED> (C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;</DELETED>
<DELETED> (D) in each of paragraphs (1) and (2), as so
redesignated, by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively; and</DELETED>
<DELETED> (E) in paragraph (2)(B), as so redesignated, by
striking ``subparagraph (A)(ii)'' and inserting ``paragraph
(1)(B)''.</DELETED>
<DELETED> (4) Section 1115(c)(1) of such title is amended by
striking ``and section 1116(a) of this title''.</DELETED>
<DELETED> (5) Section 1115(c)(5) of such title is amended by
striking ``1116(c)'' and inserting ``1116''.</DELETED>
<DELETED> (c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2005.</DELETED>
<DELETED>DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS</DELETED>
<DELETED>SECTION 2001. SHORT TITLE.</DELETED>
<DELETED> This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2005''.</DELETED>
<DELETED>TITLE XXI--ARMY</DELETED>
<DELETED>SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.</DELETED>
<DELETED> (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:</DELETED>
Army: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Alabama..................... Anniston Army Depot..... $23,690,000
Alaska...................... Fort Richardson......... $24,300,000
Fort Wainwright......... $92,459,000
California.................. Fort Irwin.............. $38,100,000
Colorado.................... Fort Carson............. $59,508,000
Georgia..................... Fort Benning............ $73,627,000
Fort Gillem............. $5,800,000
Fort McPherson.......... $4,900,000
Fort Stewart/Hunter Army $65,495,000
Air Field..............
Hawaii...................... Helemano Military $75,300,000
Reservation.
Hickam Air Force........ $11,200,000
Schofield Barracks...... $241,792,000
Kansas...................... Fort Riley.............. $44,050,000
Kentucky.................... Fort Campbell........... $89,600,000
Fort Knox............... $73,850,000
Louisiana................... Fort Polk............... $70,953,000
Maryland.................... Fort Detrick............ $4,000,000
Missouri.................... Fort Leonard Wood....... $21,450,000
New Jersey.................. Picatinny Arsenal....... $9,900,000
New Mexico.................. White Sands Missile $33,000,000
Range.
New York.................... Fort Drum............... $13,650,000
Fort Hamilton........... $7,600,000
Hancock Field........... $6,000,000
Military Entrance $6,200,000
Processing Station,
Buffalo................
United States Military $60,000,000
Academy, West Point....
North Carolina.............. Fort Bragg.............. $111,687,000
Oklahoma.................... Fort Sill............... $17,800,000
Texas....................... Camp Bullis............. $5,300,000
Fort Bliss.............. $19,400,000
Fort Hood............... $88,888,000
Virginia.................... Fort A.P. Hill.......... $3,975,000
Fort Lee................ $4,250,000
Fort Myer............... $49,526,000
Washington.................. Fort Lewis.............. $48,000,000
-----------------
Total............... $1,505,250,000
------------------------------------------------------------------------
<DELETED> (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:</DELETED>
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
------------------------------------------------------------------------
<DELETED>SEC. 2102. FAMILY HOUSING.</DELETED>
<DELETED> (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:</DELETED>
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
----------------------------------------------------------------------------------------------------------------
<DELETED> (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.</DELETED>
<DELETED>SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.</DELETED>
<DELETED> (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 $3,428,815,000 as follows:</DELETED>
<DELETED> (1) For military construction projects inside the
United States authorized by section 2101(a),
$1,335,750,000.</DELETED>
<DELETED> (2) For military construction projects outside the
United States authorized by section 2101(b),
$115,200,000.</DELETED>
<DELETED> (3) For unspecified minor military construction
projects authorized by section 2805 of title 10, United States
Code, $20,000,000.</DELETED>
<DELETED> (4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $161,209,000.</DELETED>
<DELETED> (5) For military family housing
functions:</DELETED>
<DELETED> (A) For construction and acquisition,
planning and design, and improvement of military family
housing and facilities, $636,099,000.</DELETED>
<DELETED> (B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $926,507,000.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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) and as amended by section 2105 of
the Military Authorization Act for Fiscal Year 2004 (division B
of Public Law 108-136; 117 Stat. 1697), $48,000,000.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (1) The total amount authorized to be appropriated
under paragraphs (1) and (2) of subsection (a).</DELETED>
<DELETED> (2) $41,000,000 (the balance of the amount
authorized under section 2101(a) to upgrade Drum Road, Helemano
Military Reservation, Hawaii).</DELETED>
<DELETED> (3) $25,000,000 (the balance of the amount
authorized under section 2101(a) for construction of a vehicle
maintenance facility, Schofield Barracks, Hawaii).</DELETED>
<DELETED> (3) $25,000,000 (the balance of the amount
authorized under section 2101(a) for construction of a barracks
complex, Fort Campbell, Kentucky).</DELETED>
<DELETED> (4) $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).</DELETED>
<DELETED> (5) $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).</DELETED>
<DELETED> (6) $31,000,000 (the balance of the amount
authorized under section 2101(a) for a barracks complex renewal
project, Fort Bragg, North Carolina).</DELETED>
<DELETED>SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2004 PROJECTS.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) by striking the amount identified as the total
in the amount column and inserting
``$1,043,150,000''.</DELETED>
<DELETED> (b) Conforming Amendments.--Section 2104(b) of that Act
(117 Stat. 1700) is amended--</DELETED>
<DELETED> (1) in paragraph (2), by striking ``$32,000,000''
and inserting ``$32,950,000''; and</DELETED>
<DELETED> (2) in paragraph (4), by striking ``$43,000,000''
and inserting ``$48,000,000''.</DELETED>
<DELETED>SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2003 PROJECT.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in the item relating to Fort Sill, Oklahoma,
by striking ``$39,652,000'' in the amount column and inserting
``$40,752,000''; and</DELETED>
<DELETED> (2) by striking the amount identified as the total
in the amount column and inserting
``$1,157,267,000''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>TITLE XXII--NAVY</DELETED>
<DELETED>SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.</DELETED>
<DELETED> (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:</DELETED>
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.
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 $10,580,000
Center, Crane...........
Louisiana.................... Joint Reserve Base/Naval $6,030,000
Air Station, New Orleans
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.................
Nevada....................... Naval Air Station, Fallon $4,980,000
South Carolina............... Marine Corps Air Station, $5,480,000
Beaufort................
Virginia..................... Camp Elmore Marine Corps $13,500,000
Detachment..............
Marine Corps Air $21,180,000
Facility, Quantico......
Marine Corps Combat $24,140,000
Development Command,
Quantico................
Naval Air Station, Oceana $2,770,000
Naval Amphibious Base, $9,550,000
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 $23,455,000
Sound...................
Naval Station, Bremerton. $74,125,000
Strategic Weapons $131,090,000
Facility Pacific, Bangor
---------------
Total................ $730,038,000
------------------------------------------------------------------------
<DELETED> (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:</DELETED>
Navy: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Bahamas...................... Naval Undersea Warfare $20,750,000
Center, Andros Islands..
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................ $126,700,000
------------------------------------------------------------------------
<DELETED> (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 the installations or locations and
in the amount, set forth in the following table:</DELETED>
Navy: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Unspecified Worldwide.... $148,640,000
---------------
Total................ $148,640,000
------------------------------------------------------------------------
<DELETED>SEC. 2202. FAMILY HOUSING.</DELETED>
<DELETED> Using amounts appropriated pursuant to the authorization
of appropriations in section 2204(a)(6)(A), the Secretary of the Navy
may construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations or
locations, for the purposes and in the amounts, set forth in the
following table:</DELETED>
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location Purpose Amount
----------------------------------------------------------------------------------------------------------------
North Carolina.......................... Marine Corps Air Station, 198 Units................. $27,002,000
Cherry Point.............
---------------
Total................. .......................... $27,002,000
----------------------------------------------------------------------------------------------------------------
<DELETED>SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.</DELETED>
<DELETED> (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 $1,913,273,000, as follows:</DELETED>
<DELETED> (1) For military construction projects inside the
United States authorized by section 2201(a),
$631,908,000.</DELETED>
<DELETED> (2) For military construction projects outside the
United States authorized by section 2201(b),
$126,700,000.</DELETED>
<DELETED> (3) For the military construction projects at
unspecified worldwide locations authorized by section 2201(c),
$98,560,000.</DELETED>
<DELETED> (4) For unspecified minor military construction
projects authorized by section 2805 of title 10, United States
Code, $12,000,000.</DELETED>
<DELETED> (5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $93,804,000.</DELETED>
<DELETED> (6) For military family housing
functions:</DELETED>
<DELETED> (A) For construction and acquisition,
planning and design, and improvement of military family
housing and facilities, $139,107,000.</DELETED>
<DELETED> (B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $696,304,000.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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 of Fiscal Year 2004 (division B
of Public Law 108-136; 117 Stat. 1704), $49,200,000.</DELETED>
<DELETED> (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
of Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1704), $40,000,000.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (1) The total amount authorized to be appropriated
under paragraphs (1), (2) and (3) of subsection (a).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (3) $40,000,000 (the balance of the amount
authorized under section 2201(a) for construction of bachelor
enlisted quarters, Naval Station, Bremerton,
Washington).</DELETED>
<DELETED> (4) $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).</DELETED>
<DELETED> (5) $34,098,000 (the balance of the amount
authorized under section 2201(c) for construction of a White
Side complex at an unspecified location worldwide).</DELETED>
<DELETED> (6) $15,982,000 (the balance of the amount
authorized under section 2201(c) for construction of a
presidential helicopter programs support facility at an
unspecified location).</DELETED>
<DELETED>TITLE XXIII--AIR FORCE</DELETED>
<DELETED>SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.</DELETED>
<DELETED> (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:</DELETED>
Air Force: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Alaska....................... Elmendorf Air Force Base. $26,057,000
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
Florida...................... Tyndall Air Force Base... $29,162,000
Georgia...................... Moody Air Force Base..... $9,600,000
Robins Air Force Base.... $21,570,000
Hawaii....................... Hickam Air Force Base.... $25,900,000
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
New Mexico................... Kirtland Air Force Base.. $9,200,000
North Carolina............... Pope Air Force Base...... $15,150,000
Ohio......................... Wright-Patterson Air $9,200,000
Force Base.
South Carolina............... Shaw Air Force Base...... $7,000,000
Tennessee.................... Arnold Air Force Base.... $24,500,000
Texas........................ Dyess Air Force Base..... $3,300,000
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...... $18,013,000
Wyoming...................... F.E. Warren Air Force $5,500,000
Base.
---------------
Total................ $405,284,000
------------------------------------------------------------------------
<DELETED> (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:</DELETED>
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
Japan........................ Misawa Air Base.......... $6,700,000
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................ $159,299,000
------------------------------------------------------------------------
<DELETED> (c) Unspecified Worldwide.--Using the 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 installations or locations, and
in the amount, set forth in the following table:</DELETED>
Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Classified Locations..... $26,121,000
Unspecified Worldwide.... $28,794,000
---------------
Total................ $54,915,000
------------------------------------------------------------------------
<DELETED>SEC. 2302. FAMILY HOUSING.</DELETED>
<DELETED> (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:</DELETED>
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
----------------------------------------------------------------------------------------------------------------
<DELETED> (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.</DELETED>
<DELETED>SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR
FORCE.</DELETED>
<DELETED> (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 $2,500,249,000, as follows:</DELETED>
<DELETED> (1) For military construction projects inside the
United States authorized by section 2301(a),
$405,284,000.</DELETED>
<DELETED> (2) For military construction projects outside the
United States authorized by section 2301(b),
$159,299,000.</DELETED>
<DELETED> (3) For the military construction projects at
unspecified worldwide locations authorized by section 2301(c),
$54,915,000.</DELETED>
<DELETED> (4) For unspecified minor military construction
projects authorized by section 2805 of title 10, United States
Code, $13,000,000.</DELETED>
<DELETED> (5) For architectural and engineering services and
construction design, under section 2807 of title 10, United
States Code, $166,126,000.</DELETED>
<DELETED> (6) For military family housing
functions:</DELETED>
<DELETED> (A) For construction and acquisition,
planning and design and improvement of military family
housing and facilities, $846,959,000.</DELETED>
<DELETED> (B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $854,666,000.</DELETED>
<DELETED> (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 total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a).</DELETED>
<DELETED>TITLE XXIV--DEFENSE AGENCIES</DELETED>
<DELETED>SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.</DELETED>
<DELETED> (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:</DELETED>
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................
Defense Supply Center, $5,500,000
Columbus, Ohio..........
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....... Huntsville, Alabama...... $19,560,000
National Security Agency..... Fort Meade, Maryland..... $15,007,000
Special Operations Command... Corona, California....... $13,600,000
Fleet Combat Training $5,700,000
Center, Dam Neck,
Virginia................
Fort A.P. Hill, Virginia. $1,500,000
Fort Bragg, North $42,888,000
Carolina................
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..
Naval Air Station, North $1,000,000
Island, California......
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................ $470,782,000
------------------------------------------------------------------------
<DELETED> (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:</DELETED>
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................
Misawa Air Base, Japan... $19,900,000
Special Operations Command... Naval Station, Guam, $2,200,000
Marianas Islands........
Royal Air Force $10,200,000
Mildenhall, United
Kingdom.................
TRICARE Management Activity.. Diego Garcia............. $3,800,000
Grafenwoehr, Germany..... $13,000,000
---------------
Total................ $140,435,000
------------------------------------------------------------------------
<DELETED> (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 amount, set forth in the following table:</DELETED>
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
------------------------------------------------------------------------
<DELETED>SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 2403. ENERGY CONSERVATION PROJECTS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE
AGENCIES.</DELETED>
<DELETED> (a) Modification of Inside the United States Projects.--
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
$1,089,063,000, as follows:</DELETED>
<DELETED> (1) For military construction projects inside the
United States authorized by section 2401(a),
$413,782,000.</DELETED>
<DELETED> (2) For military construction projects outside the
United States authorized by section 2401(b),
$140,435,000.</DELETED>
<DELETED> (3) For the military construction projects at
unspecified worldwide locations authorized by section 2401(c),
$10,300,000.</DELETED>
<DELETED> (4) For unspecified minor military construction
projects under section 2805 of title 10, United States Code,
$20,938,000.</DELETED>
<DELETED> (5) For contingency construction projects of the
Secretary of Defense under section 2804 of title 10, United
States Code, $10,000,000.</DELETED>
<DELETED> (6) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $63,482,000.</DELETED>
<DELETED> (7) For Energy Conservation projects authorized by
section 2404 of this Act, $50,000,000.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (9) For military family housing
functions:</DELETED>
<DELETED> (A) For improvement of military family
housing and facilities, $49,000.</DELETED>
<DELETED> (B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $49,575,000.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (1) The total amount authorized to be appropriated
under paragraphs (1), (2) and (3) of subsection (a).</DELETED>
<DELETED> (2) $57,000,000 (the balance of the amount
authorized under section 2401(a) for hospital replacement, Fort
Belvoir, Virginia).</DELETED>
<DELETED>TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY
INVESTMENT PROGRAM</DELETED>
<DELETED>SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.</DELETED>
<DELETED> Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2004, for contributions by the
Secretary of Defense under section 2806 of title 10, United States
Code, for the share of the United States of the cost of projects for
the North Atlantic Treaty Organization Security Investment Program
authorized by section 2501, in the amount of $165,800,000.</DELETED>
<DELETED>TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES</DELETED>
<DELETED>SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> (1) For the Department of the Army--</DELETED>
<DELETED> (A) for the Army National Guard of the
United States, $393,225,000; and</DELETED>
<DELETED> (B) for the Army Reserve,
$116,955,000.</DELETED>
<DELETED> (2) For the Department of the Navy, for the Naval
and Marine Corps Reserve, $30,955,000.</DELETED>
<DELETED> (3) For the Department of the Air Force--
</DELETED>
<DELETED> (A) for the Air National Guard of the
United States, $184,620,000; and</DELETED>
<DELETED> (B) for the Air Force Reserve,
$107,520,000.</DELETED>
<DELETED>TITLE XXVII--EXPIRATION AND EXTENSION OF
AUTHORIZATIONS</DELETED>
<DELETED>SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) October 1, 2007; or</DELETED>
<DELETED> (2) the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2008.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) October 1, 2007; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2002 PROJECTS.</DELETED>
<DELETED> (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 or 2302 of
that Act, shall remain in effect until October 1, 2005, or the date of
the enactment of an Act authorizing funds for military construction for
fiscal year 2006, whichever is later.</DELETED>
<DELETED> (b) Tables.--The tables referred to in subsection (a) are
as follows:</DELETED>
Army: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Fort Wainwright........... Power plant cooling tower. $23,000,000
Hawaii.................................. Pohakuloa Training Area... Parker Ranch land $1,500,000
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
----------------------------------------------------------------------------------------------------------------
<DELETED>SEC. 2703. EXTENSION AND RENEWAL OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 2001 PROJECTS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Tables.--The tables referred to in subsection (a) are
as follows:</DELETED>
Army: Extension of 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
South Carolina.......................... Fort Jackson.............. Family housing (1 unit)... $250,000
----------------------------------------------------------------------------------------------------------------
Defense Agencies: Extension of 2001 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Agency Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Defense Finance and Accounting Service.. Kleber Kaserne, Germany... Building renovation....... $7,400,000
Defense Education Activity.............. Osan Air Base, Korea...... Osan Elementary School $843,000
addition.................
----------------------------------------------------------------------------------------------------------------
<DELETED>SEC. 2704. EFFECTIVE DATE.</DELETED>
<DELETED> Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this Act
shall take effect on the later of--</DELETED>
<DELETED> (1) October 1, 2004; or</DELETED>
<DELETED> (2) the date of the enactment of this
Act.</DELETED>
<DELETED>TITLE XXVIII--GENERAL PROVISIONS</DELETED>
<DELETED>Subtitle A--Military Construction Program and Military Family
Housing Changes</DELETED>
<DELETED>SECTION 2801. INCREASE IN CERTAIN THRESHOLDS FOR CARRYING OUT
UNSPECIFIED MINOR MILITARY CONSTRUCTION
PROJECTS.</DELETED>
<DELETED> (a) Advance Approval and Congressional Notification
Threshold.--Subsection (b)(1) of section 2805 of title 10, United
States Code, is amended by striking ``$750,000'' and inserting
``$1,000,000''.</DELETED>
<DELETED> (b) Use of Operation and Maintenance Funds Threshold.--
Subsection (c) of such section is amended--</DELETED>
<DELETED> (1) by striking paragraph (1) and inserting the
following new paragraph:</DELETED>
<DELETED> ``(1) Except as provided in paragraphs (2) and (3), the
Secretary concerned may spend from appropriations available for
operation and maintenance amounts necessary to carry out an unspecified
minor military construction project costing not more than
$1,500,000.''; and</DELETED>
<DELETED> (2) in paragraph (3), by striking ``limitations''
and inserting ``limitation''.</DELETED>
<DELETED>SEC. 2802. ASSESSMENT OF VULNERABILITY OF MILITARY
INSTALLATIONS TO TERRORIST ATTACK AND ANNUAL REPORT ON
MILITARY CONSTRUCTION REQUIREMENTS RELATED TO
ANTITERRORISM AND FORCE PROTECTION.</DELETED>
<DELETED> (a) Annual Assessment and Report.--Section 2808 of title
10, United States Code, is amended by adding at the end the following
new subsection:</DELETED>
<DELETED> ``(d) Antiterrorism and Force Protection Assessments and
Military Construction Requirements.--(1) The Secretary of Defense shall
develop common guidance and criteria to be used by the Secretary
concerned--</DELETED>
<DELETED> ``(A) to assess the vulnerability of military
installations located inside and outside of the United States
to terrorist attack;</DELETED>
<DELETED> ``(B) to develop construction standards designed
to reduce the vulnerability of structures to terrorist attack
and improve the security of the occupants of such
structures;</DELETED>
<DELETED> ``(C) to prepare and carry out military
construction projects, such as gate and fenceline construction,
to improve the physical security of military installations;
and</DELETED>
<DELETED> ``(D) to assist in prioritizing such projects
within the military construction budget of each of the armed
forces.</DELETED>
<DELETED> ``(2) The Secretary of Defense shall require vulnerability
assessments of military installations to be conducted, at regular
intervals, using the criteria developed under paragraph (1).</DELETED>
<DELETED> ``(3) 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
describing--</DELETED>
<DELETED> ``(A) the location and results of the
vulnerability assessments conducted during the preceding fiscal
year;</DELETED>
<DELETED> ``(B) the military construction requirements
anticipated to be necessary during the next three fiscal years
to improve the physical security of military installations;
and</DELETED>
<DELETED> ``(C) the extent to which funds are not requested
in the Department of Defense budget for the next fiscal year to
meet those requirements.</DELETED>
<DELETED> ``(4) In the case of the report required under paragraph
(3) to be submitted in 2006, the Secretary of Defense shall include a
certification by the Secretary that since September 11, 2001,
vulnerability assessments have been undertaken at 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.''.</DELETED>
<DELETED> (b) Stylistic and Clerical Amendments.--(1) The heading of
such section is amended to read as follows:</DELETED>
<DELETED>``Sec. 2808. Construction authority related to declaration of
war or national emergency; construction requirements
related to antiterrorism and force
protection''.</DELETED>
<DELETED> (2) Such section is further amended--</DELETED>
<DELETED> (A) in subsection (a), by inserting ``Construction
Authority; Limitation.--'' after ``(a)'';</DELETED>
<DELETED> (B) in subsection (b), by inserting
``Congressional Notification.--'' after ``(b)''; and</DELETED>
<DELETED> (C) in subsection (c), by inserting
``Termination.--'' after ``(c)''.</DELETED>
<DELETED> (3) The table of sections at the beginning of chapter 169
of such title is amended by striking the item relating to section 2808
and inserting the following new item:</DELETED>
<DELETED>``2808. Construction authority related to declaration of war
or national emergency; construction
requirements related to antiterrorism and
force protection.''.
<DELETED>SEC. 2803. CHANGE IN THRESHOLD FOR CONGRESSIONAL NOTIFICATION
REGARDING USE OF OPERATION AND MAINTENANCE FUNDS FOR
FACILITY REPAIR.</DELETED>
<DELETED> Section 2811(d) of title 10, United States Code, is
amended by striking ``$10,000,000'' and inserting
``$7,500,000''.</DELETED>
<DELETED>SEC. 2804. REPORTING REQUIREMENTS REGARDING MILITARY FAMILY
HOUSING REQUIREMENTS FOR GENERAL OFFICERS AND FLAG
OFFICERS.</DELETED>
<DELETED> (a) Annual Report 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:</DELETED>
<DELETED> ``(e) Annual Report of Cost of General Officers and Flag
Officers Quarters.--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 30 of each year, the Secretary of Defense shall submit a report--
</DELETED>
<DELETED> ``(1) identifying family housing units used, or
intended for use, as quarters for general officers or flag
officers for which the total operation and maintenance costs,
utility costs, and repair costs are anticipated to exceed
$20,000 in the next fiscal year; and</DELETED>
<DELETED> ``(2) specifying the total of such costs for each
unit of family housing identified under paragraph
(1).''.</DELETED>
<DELETED> (b) Report on Need for Such Quarters in National Capital
Region.--The Secretary of Defense shall prepare a report analyzing
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.</DELETED>
<DELETED> (c) Report on World-Wide Inventory of Such Quarters.--The
Secretary of Defense shall prepare a report containing a worldwide
inventory of family housing units for general officers and flag
officers and identifying annual expenditures for each such unit for
operation and maintenance, utilities, and repair for each for the
fiscal years 2000 through 2004.</DELETED>
<DELETED> (d) Submission of Reports.--The reports required by
subsections (b) and (c) shall be submitted to the congressional defense
committees not later than March 30, 2005.</DELETED>
<DELETED> (e) Definitions.--In this section:</DELETED>
<DELETED> (1) The terms ``general officer'' and ``flag
officer'' have the meanings given such terms in section 101(b)
of title 10, United States Code.</DELETED>
<DELETED> (2) The term ``National Capital Region'' has the
meaning given such term in section 2674(f) of such
title.</DELETED>
<DELETED>SEC. 2805. CONGRESSIONAL NOTIFICATION OF DEVIATIONS FROM
AUTHORIZED COST VARIATIONS FOR MILITARY CONSTRUCTION
PROJECTS AND MILITARY FAMILY HOUSING PROJECTS.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>SEC. 2806. REPEAL OF LIMITATION ON USE OF ALTERNATIVE
AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY
FAMILY HOUSING.</DELETED>
<DELETED> Effective October 1, 2005, subsection (g) of section 2883
of title 10, United States Code, is amended to read as
follows:</DELETED>
<DELETED> ``(g) Limitation on Use of Authority to Acquire or
Construct Military Unaccompanied Housing.--The total value in budget
authority of all contracts and investments undertaken using the
authorities provided in this subchapter for the acquisition or
construction of military unaccompanied housing shall not exceed
$150,000,000.''.</DELETED>
<DELETED>SEC. 2807. TEMPORARY AUTHORITY TO ACCELERATE DESIGN EFFORTS
FOR MILITARY CONSTRUCTION PROJECTS CARRIED OUT USING
DESIGN-BUILD SELECTION PROCEDURES.</DELETED>
<DELETED> Section 2305a of title 10, United States Code, is amended
by adding at the end the following new subsection:</DELETED>
<DELETED> ``(f) Special Authority for Military Construction
Projects.--(1) The Secretary of a military department, and the
Secretary of Defense with respect to matters concerning the Defense
Agencies, 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.</DELETED>
<DELETED> ``(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 costs above the
costs attributable to the final design of the project.</DELETED>
<DELETED> ``(3) Not more than 36 military construction projects
containing the accelerated design effort authorized by paragraph (1)
may be carried out.</DELETED>
<DELETED> ``(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, 2008, except that, if the report required by this paragraph is not
submitted by March 1, 2007, the authority shall expire on that
date.''.</DELETED>
<DELETED>SEC. 2808. EXCHANGE OR SALE OF RESERVE COMPONENT FACILITIES TO
ACQUIRE REPLACEMENT FACILITIES.</DELETED>
<DELETED> Section 18233 of title 10, United States Code, is amended
by adding at the end the following new subsection:</DELETED>
<DELETED> ``(g)(1) The Secretary of Defense may convey, by exchange
or sale, an existing facility of a reserve component of the armed
forces for the purpose of acquiring a replacement facility under this
section or using the proceeds from the sale to acquire a replacement
facility under this section, if the Secretary determines it is in the
best interests of the United States to acquire the replacement facility
by such exchange or sale. The United States shall receive funds or a
replacement facility, or a combination of both, having a total value at
least equal to the fair market value of the conveyed
facility.</DELETED>
<DELETED> ``(2) Acquisition of a replacement facility under this
subsection may be accomplished by construction, expansion,
rehabilitation, or conversion and must result in a fully equipped and
operational replacement facility. Nothing in this subsection prohibits
the Secretary of Defense from contributing additional funds, in
accordance with this section, to obtain a fully equipped and
operational replacement facility.</DELETED>
<DELETED> ``(3) Funds received under this subsection shall be
deposited in a separate account and remain available to the Secretary
of Defense, without appropriation, for use in accordance with this
subsection. Any funds received under this subsection in connection with
a conveyance in excess of the funds required to obtain a fully equipped
and operational replacement facility for the conveyed facility may be
used by the Secretary for the purposes of subsection (a).''.</DELETED>
<DELETED>SEC. 2809. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED AUTHORITY
TO USE OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION
PROJECTS OUTSIDE THE UNITED STATES.</DELETED>
<DELETED> Section 2808 of the Military Construction Authorization
Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat.
1723) is amended--</DELETED>
<DELETED> (1) in subsections (a) and (d), by striking
``fiscal year 2004'' both places it appears and inserting
``fiscal years 2004 and 2005''; and</DELETED>
<DELETED> (2) in subsection (c)(1), by striking ``in fiscal
year 2004'' and inserting ``in a fiscal year''.</DELETED>
<DELETED>SEC. 2810. CONSIDERATION OF COMBINATION OF MILITARY MEDICAL
TREATMENT FACILITIES AND HEALTH CARE FACILITIES OF
DEPARTMENT OF VETERANS AFFAIRS.</DELETED>
<DELETED> (a) Department of Defense Consideration of Joint
Construction.--(1) Subchapter I of chapter 169 of title 10, United
States Code, is amended by adding at the end the following new
section:</DELETED>
<DELETED>``Sec. 2816. Consideration of joint construction and use of
military medical treatment facilities and health care
facilities of the Department of Veterans
Affairs</DELETED>
<DELETED> ``In the case of the budget submitted under section 1105
of title 31 for any fiscal year, the Secretary of Defense shall include
in the budget justification materials submitted to Congress in support
of the budget a certification that, in evaluating for inclusion in the
budget for that fiscal year any military construction project for
construction in the United States (or a territory or possession of the
United States) of a new military medical treatment facility, the
Secretary, after consulting with the Secretary of Veterans Affairs,
evaluated the feasibility of carrying out the project so as to
establish with the Department of Veterans Affairs a joint medical
facility that--</DELETED>
<DELETED> ``(1) could serve as a facility for health
resources sharing between the Department of Defense and the
Department of Veterans Affairs; and</DELETED>
<DELETED> ``(2) would be no more costly to each Department
to construct and operate than separate facilities for each
Department.''.</DELETED>
<DELETED> (2) The table of sections at the beginning of such
subchapter is amended by adding at the end the following new
item:</DELETED>
<DELETED>``2816. Consideration of joint construction and use of
military medical treatment facilities and
health care facilities of the Department of
Veterans Affairs.''.
<DELETED> (b) Department of Veterans Affairs Consideration of Joint
Construction.--Section 8104(b) of title 38, United States Code, is
amended by adding at the end the following new paragraph:</DELETED>
<DELETED> ``(9) In the case of a prospectus proposing the
construction of a new or replacement medical facility, the
Secretary's certification that the Secretary, after consulting
with the Secretary of Defense, evaluated the feasibility of
carrying out the project so as to establish with the Department
of Defense a joint medical facility that--</DELETED>
<DELETED> ``(A) could serve as a facility for health
resources sharing between the Department of Defense and
the Department of Veterans Affairs; and</DELETED>
<DELETED> ``(B) would be no more costly to each
Department to construct and operate than separate
facilities for each Department.''.</DELETED>
<DELETED>Subtitle B--Real Property and Facilities
Administration</DELETED>
<DELETED>SEC. 2811. INCREASE IN CERTAIN THRESHOLDS FOR REPORTING REAL
PROPERTY TRANSACTIONS.</DELETED>
<DELETED> (a) General Notice and Wait Threshold.--Subsection (a) of
section 2662 of title 10, United States Code, is amended by striking
``$750,000'' each place it appears and inserting
``$1,500,000''.</DELETED>
<DELETED> (b) Annual Report on Minor Transactions Threshold.--
Subsection (b) of such section is amended by striking ``subsection (a)
that involve an estimated value of more than $250,000, but not more
than $750,000'' and inserting ``such subsection that involve an
estimated value of more than $500,000, but not more than the amount
specified in such subsection''.</DELETED>
<DELETED> (c) Notice and Wait Threshold for Certain GSA Leases.--
Subsection (e) of such section is amended by striking ``$750,000'' and
inserting ``$1,500,000''.</DELETED>
<DELETED> (d) Threshold for Acquisition of Low-Cost Interests in
Land.--Subsection (a) of section 2672 of such title is amended to read
as follows:</DELETED>
<DELETED> ``(a) Acquisition Authority.--The Secretary of a military
department may acquire any interest in land that--</DELETED>
<DELETED> ``(1) the Secretary determines is needed in the
interest of national defense; and</DELETED>
<DELETED> ``(2) does not cost more than $1,500,000,
exclusive of administrative costs and the amounts of any
deficiency judgments.''.</DELETED>
<DELETED> (e) Treatment Multiple Parcels Under Low-Cost Acquisition
Authority.--Subsection (b) of such section is amended to read as
follows:</DELETED>
<DELETED> ``(b) Treatment of Multiple Parcels.--This section does
not authorize the acquisition, as a part of the same project, of more
than one parcel of land unless--</DELETED>
<DELETED> ``(1) the parcels are noncontiguous; or</DELETED>
<DELETED> ``(2) if contiguous, the total cost for the
acquisition of all of the contiguous parcels does not cost more
than the amount specified in subsection (a)(2).''.</DELETED>
<DELETED>SEC. 2812. REORGANIZATION OF EXISTING ADMINISTRATIVE
PROVISIONS RELATING TO REAL PROPERTY
TRANSACTIONS.</DELETED>
<DELETED> (a) Limitation on Commissions.--(1) Section 2661 of title
10, United States Code, is amended by adding at the end the following
new subsection:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (2) Section 2666 of such title is repealed.</DELETED>
<DELETED> (b) Repeal of Obsolete Authority to Acquire Land for
Timber Production.--Section 2664 of such title is repealed.</DELETED>
<DELETED> (c) 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:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (2) Section 2673 of such title is repealed.</DELETED>
<DELETED> (3) Section 2675 of such title is amended--</DELETED>
<DELETED> (A) by inserting before ``The Secretary'' the
following ``(a) Lease Authority; Duration.--''; and</DELETED>
<DELETED> (B) by adding at the end the following new
subsection:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (d) Stylistic and Clerical Amendments.--(1) Section 2661
of such title is further amended--</DELETED>
<DELETED> (A) in subsection (a), by inserting ``Availability
of Operation and Maintenance Funds.--'' after ``(a)'' ;
and</DELETED>
<DELETED> (B) in subsection (b), by inserting ``Leasing and
Road Maintenance Authority.--'' after ``(b)''.</DELETED>
<DELETED> (2) The table of sections at the beginning of chapter 159
of such title is amended by striking the items relating to sections
2664, 2666, and 2673.</DELETED>
<DELETED>SEC. 2813. TREATMENT OF MONEY RENTALS FROM GOLF COURSE AT ROCK
ISLAND ARSENAL, ILLINOIS.</DELETED>
<DELETED> (a) Support of MWR Activities.--Section 2667(d) of title
10, United States Code, is amended--</DELETED>
<DELETED> (1) in paragraph (1)(B)--</DELETED>
<DELETED> (A) by redesignating clause (ii) as clause
(iii); and</DELETED>
<DELETED> (B) by inserting after clause (i) the
following new clause:</DELETED>
<DELETED> ``(ii) Money rentals deposited in a
nonappropriated morale, welfare, and recreation account under
paragraph (3).''; and</DELETED>
<DELETED> (2) by inserting after paragraph (2) the following
new paragraph:</DELETED>
<DELETED> ``(3) The Secretary of the Army may deposit up to 50
percent of the money rentals received by the United States from a lease
involving the golf course at Rock Island Arsenal, Illinois, in the
nonappropriated morale, welfare, and recreation account for that
installation, to be used for quality-of-life programs at that
installation.''.</DELETED>
<DELETED> (b) Effective Date.--Paragraph (3) of section 2667(d) of
title 10, United States Code, as added by subsection (a), shall apply
to money rentals referred to in such paragraph received by the United
States after September 30, 2004.</DELETED>
<DELETED>SEC. 2814. NUMBER OF CONTRACTS AUTHORIZED DEPARTMENT-WIDE
UNDER DEMONSTRATION PROGRAM ON REDUCTION IN LONG-TERM
FACILITY MAINTENANCE COSTS.</DELETED>
<DELETED> Section 2814 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 10 U.S.C. 2809 note) is amended--
</DELETED>
<DELETED> (1) in subsection (a), by striking ``or the
Secretary of a military department'' and inserting ``and the
Secretaries of the military departments'';</DELETED>
<DELETED> (2) in subsection (b)(1), by striking ``12
contracts per military department'' and inserting ``36
contracts''; and</DELETED>
<DELETED> (3) in subsection (b)(2), by striking ``the date
of the enactment of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003'' and inserting
``December 2, 2002''.</DELETED>
<DELETED>SEC. 2815. REPEAL OF COMMISSION ON REVIEW OF OVERSEAS MILITARY
FACILITY STRUCTURE OF THE UNITED STATES.</DELETED>
<DELETED> Section 128 of the Military Construction Appropriations
Act, 2004 (Public Law 108-132; 117 Stat. 1382; 10 U.S.C. 111 note), is
repealed.</DELETED>
<DELETED>SEC. 2816. 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 2817. ELIMINATION OF REVERSIONARY INTERESTS CLOUDING
UNITED STATES TITLE TO PROPERTY USED AS NAVY
HOMEPORTS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) 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. 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.</DELETED>
<DELETED> (2) Cash payments are not authorized as consideration for
the acquisition of reversionary interests under subsection
(a).</DELETED>
<DELETED>SEC. 2818. REPORT ON FEASIBILITY OF VETERANS MEMORIAL AT
MARINE CORPS AIR STATION, EL TORO, CALIFORNIA.</DELETED>
<DELETED> 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 City of Irvine's anticipated future uses of the former
MCAS El Toro property would permit the establishment and maintenance of
a veterans memorial at no cost to the Federal Government.</DELETED>
<DELETED>Subtitle C--Base Closure and Realignment</DELETED>
<DELETED>SEC. 2821. TWO-YEAR POSTPONEMENT OF 2005 BASE CLOSURE AND
REALIGNMENT ROUND AND SUBMISSION OF REPORTS REGARDING
FUTURE INFRASTRUCTURE REQUIREMENTS FOR THE ARMED
FORCES.</DELETED>
<DELETED> (a) Two-Year Postponement in Submittal of Base Closure and
Realignment Recommendations.--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 National
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115
Stat. 1345), is amended--</DELETED>
<DELETED> (1) in the section heading, by striking ``2005''
and inserting ``2007''; and</DELETED>
<DELETED> (2) in subsection (a), by striking ``May 16,
2005,'' and inserting ``May 16, 2007,''.</DELETED>
<DELETED> (b) Commission Review and Recommendations.--Subsection (d)
of section 2914 of the Defense Base Closure and Realignment Act of 1990
is amended--</DELETED>
<DELETED> (1) in paragraphs (1) and (2), by striking
``September 8, 2005'' both places it appears and inserting
``September 8, 2007''; and</DELETED>
<DELETED> (2) in paragraph (6)--</DELETED>
<DELETED> (A) by striking ``in 2005'' and inserting
``under this section''; and</DELETED>
<DELETED> (B) by striking ``July 1, 2005'' and
inserting ``July 1, 2007''.</DELETED>
<DELETED> (c) Review by President and Transmittal to Congress.--
Subsection (e) of section 2914 of the Defense Base Closure and
Realignment Act of 1990 is amended--</DELETED>
<DELETED> (1) in paragraph (1)--</DELETED>
<DELETED> (A) by striking ``in 2005'' and inserting
``under this section''; and</DELETED>
<DELETED> (B) by striking ``September 23, 2005'' and
inserting ``September 23, 2007'';</DELETED>
<DELETED> (2) in paragraph (2), by striking ``October 20,
2005'' and inserting ``October 20, 2007''; and</DELETED>
<DELETED> (3) in paragraph (3)--</DELETED>
<DELETED> (A) by striking ``November 7, 2005'' and
inserting ``November 7, 2007''; and</DELETED>
<DELETED> (B) by striking ``in 2005'' and inserting
``in 2007''.</DELETED>
<DELETED> (d) New Force Structure Plan and Infrastructure Inventory;
Recertification of Need for Additional Round.--Section 2912 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 3001
of the National Defense Authorization Act for Fiscal Year 2002 (Public
Law 107-107; 115 Stat. 1342), is amended--</DELETED>
<DELETED> (1) in the section heading, by striking ``2005''
and inserting ``2007'';</DELETED>
<DELETED> (2) by striking ``fiscal year 2005'' each place it
appears and inserting ``fiscal year 2007'';</DELETED>
<DELETED> (3) in subsection (b)(1), by inserting ``for
fiscal year 2007'' after ``subsection (a)'';</DELETED>
<DELETED> (4) in subsections (b)(2) and (d), by striking
``in 2005'' each place it appears and inserting ``under section
2914'';</DELETED>
<DELETED> (5) in subsection (d), by striking ``March 15,
2005'' both places it appears and inserting ``March 15,
2007'';</DELETED>
<DELETED> (6) in subsection (d)(4), by striking ``calendar
year 2005 and shall terminate on April 15, 2006'' and inserting
``calendar year 2007 and shall terminate on April 15, 2008'';
and</DELETED>
<DELETED> (7) in subsection (d)(5), by striking ``second
session of the 108th Congress for the activities of the
Commission in 2005'' and inserting ``second session of the
109th Congress for the activities of the Commission under
section 2914''.</DELETED>
<DELETED> (e) Infrastructure-Related Reporting Requirements;
Termination of Base Closure Round.--Section 2912 of the Defense Base
Closure and Realignment Act of 1990 is further amended by adding at the
end the following new subsection:</DELETED>
<DELETED> ``(e) Infrastructure-Related Reports.--</DELETED>
<DELETED> ``(1) Required reports.--The Secretary shall
prepare the following reports related to infrastructure
requirements for the Armed Forces:</DELETED>
<DELETED> ``(A) A report containing the Integrated
Global Presence and Basing Strategy of the Department
of Defense, including the location of long-term
overseas installations, installations to be used for
rotational purposes, and forward operating locations,
anticipated rotational plans and policies, and domestic
and overseas infrastructure requirements associated
with the strategy.</DELETED>
<DELETED> ``(B) A report describing the anticipated
infrastructure requirements associated with the
probable end-strength levels and major military force
units (including land force divisions, carrier and
other major combatant vessels, air wings, and other
comparable units) for each of the Armed Forces
resulting from force transformation.</DELETED>
<DELETED> ``(C) A report describing the anticipated
infrastructure requirements related to expected changes
in the active component versus reserve component
personnel mix of the Armed Forces.</DELETED>
<DELETED> ``(D) A report describing the anticipated
infrastructure requirements associated with the so-
called `10-30-30 objective' of the Secretary to ensure
that military forces are capable of deployment overseas
within 10 days in sufficient strength to defeat an
enemy within 30 days and be ready for redeployment
within 30 days after the end of combat
operations.</DELETED>
<DELETED> ``(E) A report containing the results of a
complete reassessment of the infrastructure necessary
to support the force structure described in the force-
structure plan prepared under paragraph (1) of
subsection (a) and describing any resulting excess
infrastructure and infrastructure capacity, which were
previously required by paragraph (2) of such
subsection. The reassessment shall be based on actual
infrastructure, facility, and space requirements for
the Armed Forces rather than a comparative study
between 1989 and 2003.</DELETED>
<DELETED> ``(F) A report describing the anticipated
infrastructure requirements associated with the
assessment prepared by the Secretary pursuant to
section 2822 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1726), in which Congress required the Secretary to
assess the probable threats to national security and
determine the potential, prudent, surge requirements
for the Armed Forces and military installations to meet
those threats.</DELETED>
<DELETED> ``(2) Time for submission of reports.--The reports
required by paragraph (1) shall be submitted to the
congressional defense committees only during the period
beginning on January 1, 2006, and ending on March 15,
2006.</DELETED>
<DELETED> ``(3) Termination of round for failure to submit
reports as required.--If the reports required by paragraph (1)
are not submitted during the period specified in paragraph (2),
the process for the making of recommendations to the Congress
for the closure or realignment of military installations and
the selection of installations for closure or realignment under
this part in 2007 shall be terminated.''.</DELETED>
<DELETED> (f) Conforming Amendments.--(1) Section 2904(a)(3) of the
Defense Base Closure and Realignment Act of 1990 is amended by striking
``in the 2005 report'' and inserting ``in a report submitted after
2001''.</DELETED>
<DELETED> (2) Section 2906(e) of such Act is amended by striking
``2005'' and inserting ``2007''.</DELETED>
<DELETED> (3) Section 2906A of such Act is amended--</DELETED>
<DELETED> (A) in the section heading, by striking ``2005''
and inserting ``2007''; and</DELETED>
<DELETED> (B) by striking ``2005'' each place it appears and
inserting ``2007''.</DELETED>
<DELETED> (4) Section 2909(a) of such Act is amended by striking
``2006'' and inserting ``2008''.</DELETED>
<DELETED>SEC. 2822. ESTABLISHMENT OF SPECIFIC DEADLINE FOR SUBMISSION
OF REVISIONS TO FORCE-STRUCTURE PLAN AND INFRASTRUCTURE
INVENTORY FOR NEXT BASE CLOSURE ROUND.</DELETED>
<DELETED> 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 document submitted to Congress for fiscal year 2006.''
and inserting ``not later than March 15 of the year in which the
Secretary will submit, consistent with subsection (e) of this section,
the list of the military installations inside the United States that
the Secretary recommends for closure or realignment. No revision of the
force-structure plan or infrastructure inventory is authorized after
that March 15 date.''.</DELETED>
<DELETED>SEC. 2823. SPECIFICATION OF FINAL SELECTION CRITERIA FOR NEXT
BASE CLOSURE ROUND.</DELETED>
<DELETED> (a) Findings.--Congress finds the following:</DELETED>
<DELETED> (1) Title XXX of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115
Stat. 1342) amended 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) to authorize the Secretary of Defense to
conduct an additional round of base realignments and
closures.</DELETED>
<DELETED> (2) In section 2822 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117
Stat. 1726), approved November 24, 2003, Congress required the
Secretary of Defense to assess the probable threats to national
security and determine the potential, prudent, surge
requirements for the Armed Forces and military installations to
meet those threats. Such section specifically requires the
Secretary of Defense to use the determination of surge
requirements in exercising the authority of the Secretary to
conduct the next round of base realignments and
closures.</DELETED>
<DELETED> (3) Section 2913 of the Defense Base Closure and
Realignment Act of 1990, as added by title XXX of the National
Defense Authorization Act for Fiscal Year 2002, specified the
process by which the Secretary of Defense was to prepare the
criteria to be used by the Secretary in making recommendations
for the next round of base realignments and closures and listed
certain requirements the Secretary had to comply with as part
of the process, including the advance publication of the
proposed criteria and the solicitation and consideration of
public comments.</DELETED>
<DELETED> (4) In subsection (e) of such section, Congress
required the Secretary of Defense to publish in the Federal
Register and transmit to Congress not later than February 16,
2004, the final criteria intended to be used by the Secretary
in making recommendations for the next round of base
realignments and closures. Pursuant to such subsection, the
Secretary of Defense published the final selection criteria in
the Federal Register on February 12, 2004 (69 Fed. Reg.
6948).</DELETED>
<DELETED> (5) In addition to specifically reserving its
right to disapprove the final selection criteria, Congress may
modify or otherwise amend the criteria by Act of
Congress.</DELETED>
<DELETED> (b) Congressional Specification of Final BRAC Selection
Criteria.--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), as added by section 3002 of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1344), is
amended to read as follows:</DELETED>
<DELETED>``SEC. 2913. FINAL SELECTION CRITERIA FOR ADDITIONAL ROUND OF
BASE CLOSURES AND REALIGNMENTS.</DELETED>
<DELETED> ``(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 any additional round of base closures and realignments are
as follows:</DELETED>
<DELETED> ``(1) The current and future mission requirements
and the impact on operational readiness of the total force of
the Department of Defense, including the impact on joint
warfighting, training, readiness, and research, development,
test, and evaluation of weapons systems and
equipment.</DELETED>
<DELETED> ``(2) The availability and condition of land,
facilities, infrastructure, and associated air and water space
(including preservation of training areas suitable for maneuver
by ground, naval, or air forces throughout a diversity of
climate and terrain areas, the preservation of testing ranges
able to accommodate current or future military weapons systems
and equipment, and the preservation of staging areas for the
use of the Armed Forces in homeland defense missions) at both
existing and potential receiving locations.</DELETED>
<DELETED> ``(3) The ability to accommodate contingency,
mobilization, and future total force requirements at both
existing and potential receiving locations to support
operations, training, maintenance, and repair.</DELETED>
<DELETED> ``(4) Preservation of land, air, and water space,
facilities, and infrastructure necessary to support training
and operations of military forces determined to be surge
requirements by the Secretary of Defense, as required by
section 2822 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1726).</DELETED>
<DELETED> ``(5) The extent and timing of potential costs and
savings of base realignment and closure actions on the entire
Federal budget, as well as the Department of Defense, including
the number of years, beginning with the date of completion of
the closure or realignment, for the savings to exceed the
costs. Costs shall include those costs related to potential
environmental restoration, waste management, and environmental
compliance activities.</DELETED>
<DELETED> ``(6) The economic impact on existing communities
in the vicinity of military installations.</DELETED>
<DELETED> ``(7) The ability of the infrastructure of both
the existing and potential receiving communities to support
forces, missions, and personnel, including quality of living
standards for members of the Armed Forces and their
dependents.</DELETED>
<DELETED> ``(8) The environmental impact on receiving
locations.</DELETED>
<DELETED> ``(b) Priority Given to Military Value.--In recommending
military installations for closure or realignment, the Secretary shall
give priority consideration to the first four criteria specified in
subsection (a).</DELETED>
<DELETED> ``(c) Relation to Other Materials.--The final selection
criteria specified in subsection (a) 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 after December 31, 2003.</DELETED>
<DELETED> ``(d) 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 after December 31,
2003.''.</DELETED>
<DELETED> (c) Conforming Amendments.--The Defense Base Closure and
Realignment Act of 1990 is amended--</DELETED>
<DELETED> (1) in section 2912(c)(1)(A), by striking
``criteria prepared under section 2913'' and inserting
``criteria specified in section 2913''; and</DELETED>
<DELETED> (2) in section 2914(a), by striking ``criteria
prepared by the Secretary under section 2913'' and inserting
``criteria specified in section 2913''.</DELETED>
<DELETED>SEC. 2824. REQUIREMENT FOR UNANIMOUS VOTE OF DEFENSE BASE
CLOSURE AND REALIGNMENT COMMISSION TO ADD TO OR OTHERWISE
EXPAND CLOSURE AND REALIGNMENT RECOMMENDATIONS MADE BY
SECRETARY OF DEFENSE.</DELETED>
<DELETED> Section 2914(d) 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; 155 Stat, 1346) and amended by section 2854 of the
Bob Stump National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314; 116 Stat. 2728), is amended--</DELETED>
<DELETED> (1) in paragraph (3), by striking ``to add'' and
inserting ``to consider additions''; and</DELETED>
<DELETED> (2) by striking paragraph (5) and inserting the
following new paragraph:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) at least two members of the
Commission visit the military installation before the
date of the transmittal of the report; and</DELETED>
<DELETED> ``(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 unanimous.''.</DELETED>
<DELETED>SEC. 2825. ADHERENCE TO CERTAIN AUTHORITIES ON PRESERVATION OF
MILITARY DEPOT CAPABILITIES DURING ANY SUBSEQUENT ROUND
OF BASE CLOSURES AND REALIGNMENTS.</DELETED>
<DELETED> 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 adding at the end the following new section:</DELETED>
<DELETED>``SEC. 2915. ADHERENCE TO CERTAIN AUTHORITIES ON PRESERVATION
OF MILITARY DEPOT CAPABILITIES DURING ANY SUBSEQUENT
ROUND OF BASE CLOSURES AND REALIGNMENTS.</DELETED>
<DELETED> ``(a) Adherence Required.--(1) Any base closure and
realignment actions under section 2914 or subsequent round of base
closure and realignment, and any actions to carry out the closure or
realignment of military installations as a result of such actions,
shall reflect a strict adherence to the provisions of title 10, United
States Code, for the maintenance of government-owned, government-
operated depot-level maintenance, repair, and logistics capabilities
within the Department of Defense, including the provisions of chapter
146 of such title and other applicable provisions.</DELETED>
<DELETED> ``(2) No action to carry out the closure or realignment of
military installations in any base closures and realignments under this
part after the date of the enactment of this section may include a
waiver authorized by paragraph (2) or (3) of section 2464(b) or section
2466(b) of title 10, United States Code.</DELETED>
<DELETED> ``(b) Base Closure and Realignment Actions Defined.--In
this section, the term `base closure and realignment actions' means the
following:</DELETED>
<DELETED> ``(1) The preparation by the Secretary of Defense
of recommendations on installations for closure or realignment
under this part or any subsequent base closure law.</DELETED>
<DELETED> ``(2) The review by the Commission of the
recommendations referred to in paragraph (1).</DELETED>
<DELETED> ``(3) The review by the President of the
recommendations referred to in paragraphs (1) and
(2).''.</DELETED>
<DELETED>Subtitle D--Land Conveyances</DELETED>
<DELETED>PART I--ARMY CONVEYANCES</DELETED>
<DELETED>SEC. 2831. TRANSFER OF ADMINISTRATIVE JURISDICTION, DEFENSE
SUPPLY CENTER, COLUMBUS, OHIO.</DELETED>
<DELETED> (a) Transfer Required.--As soon as practicable after the
date of the enactment of this Act, the Secretary of the Army shall
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, for the purpose of permitting the
Secretary of Veterans Affairs to use the property as the site for an
outpatient clinic.</DELETED>
<DELETED> (b) Payment of Costs of Conveyance.--(1) The Secretary of
the Army shall require the Secretary of Veterans Affairs to cover costs
to be incurred by the Secretary of the Army, or to reimburse the
Secretary of the Army for costs incurred by the Secretary of the Army,
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 Secretary of Veterans Affairs in advance of the
Secretary of the Army incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the Secretary of the
Army to carry out the conveyance, the Secretary of the Army shall
refund the excess amount to the Secretary of Veterans
Affairs.</DELETED>
<DELETED> (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 of the Army 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.</DELETED>
<DELETED> (c) Description of Real 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.</DELETED>
<DELETED>SEC. 2832. LAND CONVEYANCE, FORT HOOD, TEXAS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 2833. LAND CONVEYANCE, ARMY NATIONAL GUARD FACILITY,
SEATTLE, WASHINGTON.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) 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.</DELETED>
<DELETED> (2) Section 2695(c) of title 10, United States Code, shall
apply to any amounts received by the Secretary as reimbursement under
this subsection.</DELETED>
<DELETED> (c) Exemption From Federal Screening.--The conveyance
authorized by subsection (a) is exempt from the requirement to screen
the property for other Federal use pursuant to sections 2693 and 2696
of title 10, United States Code.</DELETED>
<DELETED> (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 (b).</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 2834. MODIFICATION OF LAND EXCHANGE AND CONSOLIDATION,
FORT LEWIS, WASHINGTON.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) by striking ``may convey to'' and inserting
``may transfer to the Secretary of the Interior, in trust
for''; and</DELETED>
<DELETED> (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).''.</DELETED>
<DELETED> (b) Increase in Acreage to Be Transferred.--Such
subsection is further amended by striking ``138 acres'' and inserting
``168 acres''.</DELETED>
<DELETED> (c) Qualification on Property to Be Transferred.--
Subsection (a)(2) of such section is amended--</DELETED>
<DELETED> (1) by striking ``conveyance'' and inserting
``transfer''; and</DELETED>
<DELETED> (2) by striking ``or the right of way described in
subsection (c)'' and inserting ``located on the real property
transferred under that paragraph''.</DELETED>
<DELETED> (d) Consideration.--Subsection (b) of such section is
amended--</DELETED>
<DELETED> (1) in the matter preceding paragraph (1), by
striking ``conveyance'' and inserting ``transfer'';
and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (e) Treatment of Existing Permit Rights; Grant of
Easement.--Such section is further amended--</DELETED>
<DELETED> (1) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and</DELETED>
<DELETED> (2) by inserting after subsection (c) the
following new subsection:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (f) Conforming Amendments.--(1) Subsection (c) of such
section is amended by inserting ``of the Army'' after
``Secretary''.</DELETED>
<DELETED> (2) Subsection (e) of such section (as redesignated by
subsection (e)(1)) is amended--</DELETED>
<DELETED> (A) by striking ``conveyed'' and inserting
``transferred'';</DELETED>
<DELETED> (B) by inserting ``of the Army'' after
``Secretary''; and</DELETED>
<DELETED> (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)''.</DELETED>
<DELETED> (3) Subsection (f) of such section (as redesignated by
subsection (e)(1)) is amended--</DELETED>
<DELETED> (A) by inserting ``of the Army'' after
``Secretary'' both place it appears; and</DELETED>
<DELETED> (B) by striking ``conveyances under this section''
and inserting ``transfer under subsection (a) and conveyances
under subsections (b)(2) and (c)''.</DELETED>
<DELETED>PART II--NAVY CONVEYANCES</DELETED>
<DELETED>SEC. 2841. TRANSFER OF JURISDICTION, NEBRASKA AVENUE NAVAL
COMPLEX, DISTRICT OF COLUMBIA.</DELETED>
<DELETED> (a) Transfer Required.--Except as provided in subsection
(b), the Secretary of the Navy shall transfer to the administrative
jurisdiction of the Administrator of General Services the parcel of
Department of the Navy real property in the District of Columbia known
as the Nebraska Avenue Complex for the purpose of permitting the
Administrator to use the Complex to accommodate the Department of
Homeland Security. The Complex shall be transferred in its existing
condition.</DELETED>
<DELETED> (b) Authority to Retain Military Family Housing.--At the
option of the Secretary of the Navy, the Secretary may retain
administrative jurisdiction over that portion of the Complex that, as
of the date of the enactment of this Act, is being used to provide Navy
family housing.</DELETED>
<DELETED> (c) Time for Transfer.--Not later than January 1, 2005,
the Secretary of the Navy shall complete the transfer of administrative
jurisdiction over the portion of the Complex required to be transferred
under subsection (a).</DELETED>
<DELETED> (d) Relocation of Navy Activities.--As part of the
transfer of the Complex under subsection (a), the Secretary of the Navy
shall relocate Department of the Navy activities at the Complex to
other locations.</DELETED>
<DELETED> (e) Payment of Initial Relocation Costs.--Subject to the
availability of appropriations for this purpose, the Secretary of the
Department of Homeland Security shall be responsible for the payment
of--</DELETED>
<DELETED> (1) all reasonable costs, including costs to move
furnishings and equipment, related to the initial relocation of
Department of the Navy activities from the Complex under
subsection (d); and</DELETED>
<DELETED> (2) all reasonable costs incident to the initial
occupancy by such activities of interim leased space, including
rental costs for the first year.</DELETED>
<DELETED> (f) Payment of Long-Term Relocation Costs.--</DELETED>
<DELETED> (1) Sense of congress regarding payment.--It is
the sense of the Congress that the Secretary of the Navy should
receive, from Federal agencies other than the Department of
Defense, funds authorized and appropriated for the purpose of
covering all reasonable costs, not paid under subsection (e),
that are incurred or will be incurred by the Secretary to
permanently relocate Department of the Navy activities from the
Complex under subsection (d).</DELETED>
<DELETED> (2) Submission of cost estimates.--As soon as
practicable after the date of the enactment of this Act , the
Secretary of the Navy shall submit to the Director of the
Office of Management and Budget and the Congress an initial
estimate of the amounts that will be necessary to cover the
costs to permanently relocate Department of the Navy activities
from the portion of the Complex to be transferred under
subsection (a). The Secretary shall include in the estimate
anticipated land acquisition and construction costs. The
Secretary shall revise the estimate as necessary whenever
information regarding the actual costs for the relocation is
obtained.</DELETED>
<DELETED> (g) Treatment of Funds.--(1) Funds received by the
Secretary of the Navy, from sources outside the Department of Defense,
to relocate Department of the Navy activities from the Complex shall be
used to pay the costs incurred by the Secretary to permanently relocate
Department of the Navy activities from the Complex. A military
construction project carried out using such funds is deemed to be an
authorized military construction project for purposes of section 2802
of title 10, United States Code. Section 2822 of such title shall
continue to apply to any military family housing unit proposed to be
constructed or acquired using such funds.</DELETED>
<DELETED> (2) When a decision is made to carry out a military
construction project using such funds, the Secretary of the Navy shall
notify Congress in writing of that decision, including the
justification for the project and the current estimate of the cost of
the project. The project may then be carried out only after the end of
the 21-day period beginning on the date the notification is received by
Congress or, if earlier, the end of the 14-day period beginning on the
date on which a copy of the notification is provided in an electronic
medium pursuant to section 480 of title 10, United States
Code.</DELETED>
<DELETED> (h) Effect of Failure to Receive Sufficient Funds for
Relocation Costs.--</DELETED>
<DELETED> (1) Congressional notification.--At the end of the
three-year period beginning on the date of the transfer of the
Complex under subsection (a), the Secretary of the Navy shall
submit to Congress a report--</DELETED>
<DELETED> (A) specifying the total amount needed to
cover both the initial and permanent costs of
relocating Department of the Navy activities from the
portion of the Complex transferred under subsection
(a);</DELETED>
<DELETED> (B) specifying the total amount of the
initial relocation costs paid by the Secretary of the
Department of Homeland Security under subsection (e);
and</DELETED>
<DELETED> (C) specifying the total amount of
appropriated funds received by the Secretary of the
Navy, from sources outside the Department of Defense,
to cover the permanent relocation costs.</DELETED>
<DELETED> (2) Role of omb.--The Secretary of the Navy shall
obtain the assistance and concurrence of the Director of the
Office of Management and Budget in determining the total amount
needed to cover both the initial and permanent costs of
relocating Department of the Navy activities from the portion
of the Complex transferred under subsection (a), as required by
paragraph (1)(A).</DELETED>
<DELETED> (3) Certification regarding relocation costs.--Not
later than 30 days after the date on which the report under
paragraph (1) is required to be submitted to Congress, the
President shall certify to Congress whether the amounts
specified in the report pursuant to subparagraphs (B) and (C)
of such paragraph are sufficient to cover both the initial and
permanent costs of relocating Department of the Navy activities
from the portion of the Complex transferred under subsection
(a). The President shall make this certification only after
consultation with the Chairman and ranking minority member of
the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives and the Chairman
and ranking minority member of the Committee on Armed Services
and the Committee on Appropriations of the Senate.</DELETED>
<DELETED> (4) Restoration of complex to navy.--If the
President certifies under paragraph (3) that amounts referred
to in subparagraphs (B) and (C) of paragraph (1) are
insufficient to cover Navy relocation costs, the Administrator
of General Services, at the request of the Secretary of the
Navy, shall restore the Complex to the administrative
jurisdiction of the Secretary of the Navy.</DELETED>
<DELETED> (5) Navy sale of complex.--If administrative
jurisdiction over the Complex is restored to the Secretary of
the Navy, the Secretary shall convey the Complex by competitive
sale. Amounts received by the United States as consideration
from any sale under this paragraph shall be deposited in the
special account in the Treasury established pursuant to section
572(b) of title 40, United States Code.</DELETED>
<DELETED>SEC. 2842. LAND CONVEYANCE, NAVY PROPERTY, FORMER FORT
SHERIDAN, ILLINOIS.</DELETED>
<DELETED> (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 collectively referred to as the ``grantee''), all
right, title, and interest of the United States in and to certain
environmentally sensitive land at the former Fort Sheridan, Illinois,
consisting of mostly bluffs and ravines, for the purpose of ensuring
the permanent protection of the lands.</DELETED>
<DELETED> (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 all or any portion of 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Exemption From Federal Screening.--The conveyance
authorized by subsection (a) is exempt from the requirement to screen
the property for other Federal use pursuant to sections 2693 and 2696
of title 10, United States Code.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (g) 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.</DELETED>
<DELETED> (h) 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.</DELETED>
<DELETED>SEC. 2843. LAND EXCHANGE, NAVAL AIR STATION, PATUXENT RIVER,
MARYLAND.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Property Received in Exchange.--As consideration for
the conveyance of the real property under subsection (a), the State
shall convey to the United States a parcel of real property consisting
of approximately five acres located in Point Lookout State Park, St.
Mary's County, Maryland.</DELETED>
<DELETED> (c) Payment of Costs of Conveyance.--(1) The Secretary may
require the State to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, relocation expenses incurred
under subsection (b), and other administrative costs related to the
conveyance. If amounts are collected from the State in advance of the
Secretary incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to
State.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Exemption From Federal Screening.--The conveyance
authorized by subsection (a) is exempt from the requirement to screen
the property for other Federal use pursuant to sections 2693 and 2696
of title 10, United States Code.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>PART III--AIR FORCE CONVEYANCES</DELETED>
<DELETED>SEC. 2851. LAND EXCHANGE, MAXWELL AIR FORCE BASE,
ALABAMA.</DELETED>
<DELETED> (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 all of the Maxwell Heights Housing
site at Maxwell Air Force Base, Alabama.</DELETED>
<DELETED> (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
improvements thereon, consisting of approximately 35 acres designated
as project AL 6-4 that is owned by the City and is contiguous to
Maxwell Air Force Base. The Secretary shall have jurisdiction over the
real property received under this paragraph.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) 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.</DELETED>
<DELETED> (d) 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.</DELETED>
<DELETED>DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY
AUTHORIZATIONS AND OTHER AUTHORIZATIONS</DELETED>
<DELETED>TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS</DELETED>
<DELETED>Subtitle A--National Security Programs
Authorizations</DELETED>
<DELETED>SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.</DELETED>
<DELETED> (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 $9,047,700,000, to be allocated as follows:</DELETED>
<DELETED> (1) For weapons activities,
$6,577,953,000.</DELETED>
<DELETED> (2) For defense nuclear nonproliferation
activities, $1,338,147,000.</DELETED>
<DELETED> (3) For naval reactors, $797,900,000.</DELETED>
<DELETED> (4) For the Office of the Administrator for
Nuclear Security, $333,700,000.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> Project 05-D-140, project engineering and design,
various locations, $11,600,000.</DELETED>
<DELETED> Project 05-D-160, facilities and infrastructure
recapitalization program, project engineering and design,
various locations, $8,700,000.</DELETED>
<DELETED> Project 05-D-170, project engineering and design,
safeguards and security, various locations,
$17,000,000.</DELETED>
<DELETED> Project 05-D-401, production bays upgrade, Pantex
Plant, Amarillo, Texas, $25,100,000.</DELETED>
<DELETED> Project 05-D-402, beryllium capability project, Y-
12 national security complex, Oak Ridge, Tennessee,
$3,627,000.</DELETED>
<DELETED> Project 05-D-601, compressed air upgrades project,
Y-12 national security complex, Oak Ridge, Tennessee,
$4,400,000.</DELETED>
<DELETED> Project 05-D-602, power grid infrastructure
upgrade, Los Alamos National Laboratory, Los Alamos, New
Mexico, $10,000,000.</DELETED>
<DELETED> Project 05-D-603, new master substation, Sandia
National Laboratories, Albuquerque, New Mexico,
$600,000.</DELETED>
<DELETED> Project 05-D-701, security perimeter, Los Alamos
National Laboratory, Los Alamos, New Mexico,
$20,000,000.</DELETED>
<DELETED>SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.</DELETED>
<DELETED> Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2005 for environmental management
activities in carrying out programs necessary for national security in
the amount of $6,863,307,000, to be allocated as follows:</DELETED>
<DELETED> (1) For defense site acceleration completion,
$5,876,837,000.</DELETED>
<DELETED> (2) For defense environmental services,
$986,470,000.</DELETED>
<DELETED>SEC. 3103. OTHER DEFENSE ACTIVITIES.</DELETED>
<DELETED> 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 $658,618,000.</DELETED>
<DELETED>SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.</DELETED>
<DELETED> 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 $131,000,000.</DELETED>
<DELETED>Subtitle B--Program Authorizations, Restrictions, and
Limitations</DELETED>
<DELETED>SEC. 3111. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN
SCIENTIFIC, ENGINEERING, AND TECHNICAL
PERSONNEL.</DELETED>
<DELETED> Section 4601 of the Atomic Energy Defense Act (50 U.S.C.
2701) is amended by striking ``September 30, 2004'' and inserting
``September 30, 2006''.</DELETED>
<DELETED>SEC. 3112. REQUIREMENTS FOR BASELINE OF PROJECTS UNDER
FACILITIES AND INFRASTRUCTURE RECAPITALIZATION
PROGRAM.</DELETED>
<DELETED> Subsection (a) of section 3114 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--</DELETED>
<DELETED> (1) in paragraph (1) by inserting ``of a
baseline'' after ``selection''; and</DELETED>
<DELETED> (2) by amending paragraph (2) to read as
follows:</DELETED>
<DELETED> ``(2)(A) After December 31, 2004, a project may be
added to or removed from the Facilities and Infrastructure
Recapitalization Program only after the Administrator submits
to the congressional defense committees a notice that the
Administrator has identified such project for addition or
removal and has approved such addition or removal as a
modification to the baseline for that program.</DELETED>
<DELETED> ``(B) The Administrator may not obligate funds for
any project added under subparagraph (A) until a period of 60
days has elapsed after the date on which such committees
receive the notice under subparagraph (A) with respect to that
project.</DELETED>
<DELETED> ``(C) The authority of the Administrator to
identify and approve under subparagraph (A) may not be
delegated.''.</DELETED>
<DELETED>Subtitle C--Other Matters</DELETED>
<DELETED>SEC. 3131. TRANSFERS AND REPROGRAMMINGS OF NATIONAL NUCLEAR
SECURITY ADMINISTRATION FUNDS.</DELETED>
<DELETED> Section 3252 of the National Nuclear Security
Administration Act (50 U.S.C. 2452) is amended by adding at the end the
following new subsection:</DELETED>
<DELETED> ``(d) Transfer and Reprogramming Process.--(1) The
Administrator shall have sole jurisdiction within the Department of
Energy to submit to Congress or the appropriate congressional
committees a notice of, or request for, a transfer or reprogramming of
funds of the Administration.</DELETED>
<DELETED> ``(2) The functions of the Chief Financial Officer of the
Department of Energy shall not apply to a notice or request described
in paragraph (1), except to certify whether the funds covered by such
notice or request are available.''.</DELETED>
<DELETED>SEC. 3132. NATIONAL ACADEMY OF SCIENCES STUDY ON MANAGEMENT BY
DEPARTMENT OF ENERGY OF HIGH-LEVEL RADIOACTIVE
WASTE.</DELETED>
<DELETED> (a) Review Required.--The Secretary of Energy shall 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 the waste streams specified in subsection (b) that
are not currently planned for disposal in a high-level
repository.</DELETED>
<DELETED> (b) Covered Waste Streams.--The waste streams referred to
in subsection (a) are the streams of high-level radioactive waste at--
</DELETED>
<DELETED> (1) the Savannah River Site, South
Carolina;</DELETED>
<DELETED> (2) the Idaho National Engineering Laboratory,
Idaho; and</DELETED>
<DELETED> (3) the Hanford Reservation, Washington.</DELETED>
<DELETED> (c) Matters Included.--The study required by subsection
(a) shall evaluate--</DELETED>
<DELETED> (1) the physical, chemical, and radiological
characteristics of the waste referred to in subsection (b),
including specifically the waste proposed to be left
indefinitely in storage tanks;</DELETED>
<DELETED> (2) the probability that such waste, if left
indefinitely in storage tanks, will leak into the environment
and the range of potential dangers such leakage would
represent;</DELETED>
<DELETED> (3) the plans of the Department for the disposal
of the high-level radioactive waste that the Department had
planned, before certain litigation in Federal district court in
2003 on ``Waste Incidental to Reprocessing'', to reclassify as
low-level waste;</DELETED>
<DELETED> (4) treatment and disposal alternatives to the
plans referred to in paragraph (3), including, for each such
alternative, assessments of the technology approaches and of
the implications with respect to cost, worker safety, and long-
term environmental and human health;</DELETED>
<DELETED> (5) the adequacy of the plans referred to in
subsection (a), including Department of Energy Order No. 435.1,
to protect, for the long term, the environment and population
surrounding each site referred to in subsection (b);
and</DELETED>
<DELETED> (6) any other matters that the National Research
Council considers appropriate and directly related to the
subject matter of the study.</DELETED>
<DELETED> (d) Recommendations Required.--In carrying out the study,
the National Research Council shall develop recommendations relating to
the subject matter of the study. The recommendations shall include--
</DELETED>
<DELETED> (1) recommendations for improving the scientific
basis for managing the waste covered by the study, including
alternative criteria for determining what waste should be
managed as ``Waste Incidental to Reprocessing''; and</DELETED>
<DELETED> (2) any other recommendations that the National
Research Council considers appropriate and directly related to
the subject matter of the study.</DELETED>
<DELETED> (e) Reports.--The National Research Council shall submit
to the Secretary of Energy and the congressional defense committees--
</DELETED>
<DELETED> (1) not later than six months after entering into
the arrangement required by subsection (a), an interim report
on the study with respect to the waste proposed to be left
indefinitely in storage tanks, including the tentative
findings, conclusions, and recommendations with respect to such
waste; and</DELETED>
<DELETED> (2) not later than one year after entering into
the arrangement required by subsection (a), a final report on
the study, including all findings, conclusions, and
recommendations.</DELETED>
<DELETED> (f) Provision of Information.--The Secretary shall make
available to the National Research Council all information that the
National Research Council considers necessary to carry out, in a timely
manner, its responsibilities under this section.</DELETED>
<DELETED> (g) Funding.--Of the amounts authorized to be appropriated
to the Department of Energy by section 3102, $1,500,000 shall be
available only for carrying out the study required by this
section.</DELETED>
<DELETED>SEC. 3133. CONTRACT TO REVIEW WASTE ISOLATION PILOT PLANT, NEW
MEXICO.</DELETED>
<DELETED> The Secretary of Energy shall 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 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 and
shall be renewable for four additional one-year periods, subject to the
authorization and appropriation of funds for such purpose.</DELETED>
<DELETED>SEC. 3134. ADDITIONAL AMOUNT FOR DEFENSE SITE ACCELERATION
COMPLETION.</DELETED>
<DELETED> (a) Additional Amount.--The amount in section 3102 is
hereby increased by $50,000,000, to be available under section 3102(1)
for defense site acceleration completion.</DELETED>
<DELETED> (b) Offset.--The amount in section 301(4), operation and
maintenance, Air Force, is hereby reduced by $50,000,000, to be derived
from the transportation capital fund.</DELETED>
<DELETED>SECTION 3135. IMPROVEMENTS TO ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM.</DELETED>
<DELETED> (a) State Agreements.--Section 3661 of the Energy
Employees Occupational Illness Compensation Program Act of 2000 (42
U.S.C. 7385o) is amended--</DELETED>
<DELETED> (1) in subsection (b) by striking ``Pursuant to
agreements under subsection (a), the'' and inserting
``The'';</DELETED>
<DELETED> (2) in subsection (c) by striking ``provided in an
agreement under subsection (a), and if''; and</DELETED>
<DELETED> (3) in subsection (e) by striking ``If provided in
an agreement under subsection (a)'' and inserting ``If a panel
reports a determination under subsection (d)(5)''.</DELETED>
<DELETED> (b) Selection of Panel Members.--Section 3661 of that Act
(42 U.S.C. 7385o) is further amended in subsection (d) by amending
paragraph (2) to read as follows:</DELETED>
<DELETED> ``(2) The Secretary of Health and Human Services
shall select individuals to serve as panel members based on
experience and competency in diagnosing occupational illnesses.
For each individual so selected, the Secretary shall appoint
that individual as a panel member or obtain by contract the
services of that individual as a panel member.''.</DELETED>
<DELETED>TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD</DELETED>
<DELETED>SEC. 3201. AUTHORIZATION.</DELETED>
<DELETED> 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.).</DELETED>
<DELETED>TITLE XXXIII--NATIONAL DEFENSE STOCKPILE</DELETED>
<DELETED>SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE
FUNDS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Limitations.--The authorities provided by this section
shall be subject to such limitations as may be provided in
appropriations Acts.</DELETED>
<DELETED>SEC. 3302. RELAXATION OF QUANTITY RESTRICTIONS ON DISPOSAL OF
MANGANESE FERRO IN NATIONAL DEFENSE STOCKPILE.</DELETED>
<DELETED> Section 3306(a) of the National Defense Authorization Act
for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1391; 50 U.S.C. 98d
note) is amended--</DELETED>
<DELETED> (1) in paragraph (3), by striking ``each of the
fiscal years 2004 and 2005'' and inserting ``fiscal year
2004''; and</DELETED>
<DELETED> (2) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(4) During fiscal year 2005, 100,000 short tons
of high carbon manganese ferro of the highest grade.</DELETED>
<DELETED>SEC. 3303. REVISION OF EARLIER AUTHORITY TO DISPOSE OF CERTAIN
MATERIALS IN NATIONAL DEFENSE STOCKPILE.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> ``(4) $785,000,000 by the end of fiscal year 2005;
and</DELETED>
<DELETED> ``(5) $870,000,000 by the end of fiscal year
2009.''.</DELETED>
<DELETED>TITLE XXXIV--NAVAL PETROLEUM RESERVES</DELETED>
<DELETED>SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Period of Availability.--Funds appropriated pursuant
to the authorization of appropriations in subsection (a) shall remain
available until expended.</DELETED>
<DELETED>TITLE XXXV--MARITIME ADMINISTRATION</DELETED>
<DELETED>SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR MARITIME
ADMINISTRATION.</DELETED>
<DELETED> 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)--
</DELETED>
<DELETED> (1) for expenses necessary for operations and
training activities, $109,300,000;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3502. EXTENSION OF AUTHORITY TO PROVIDE WAR RISK
INSURANCE FOR MERCHANT MARINE VESSELS.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED>TITLE XXXVI--SMALL BUSINESS ADMINISTRATION</DELETED>
<DELETED>SEC. 3601. ADDITION OF LANDSCAPING AND PEST CONTROL SERVICES
TO LIST OF DESIGNATED INDUSTRY GROUPS PARTICIPATING IN
THE SMALL BUSINESS COMPETITIVENESS DEMONSTRATION
PROGRAM.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in paragraph (3), by striking ``and'' at the
end;</DELETED>
<DELETED> (2) in paragraph (4), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(5) landscaping and pest control
services.''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) by redesignating subsection (e) as subsection
(f), and</DELETED>
<DELETED> (2) by inserting after subsection (d) the
following new subsection:</DELETED>
<DELETED> ``(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).''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B--Army Programs
Sec. 111. Light utility helicopter program.
Sec. 112. Up-armored high mobility multi-purpose wheeled vehicles or
wheeled vehicle ballistic add-on armor
protection.
Sec. 113. Command-and-control vehicles or field artillery ammunition
support vehicles.
Subtitle C--Navy Programs
Sec. 121. LHA(R) amphibious assault ship program.
Sec. 122. Multiyear procurement authority for the light weight 155-
millimeter howitzer program.
Sec. 123. Pilot program for flexible funding of submarine engineered
refueling overhaul and conversion.
Subtitle D--Air Force Programs
Sec. 131. Prohibition of retirement of KC-135E aircraft.
Sec. 132. Prohibition of retirement of F-117 aircraft.
Sec. 133. Senior scout mission bed-down initiative.
Subtitle E--Other Matters
Sec. 141. Report on options for acquisition of precision-guided
munitions.
Sec. 142. Report on maturity and effectiveness of the Global
Information Grid Bandwidth Expansion (GIG-
BE) Network.
TITLE II--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. DD(X)-class destroyer program.
Sec. 212. Global Positioning System III satellite.
Sec. 213. Initiation of concept demonstration of Global Hawk high
altitude endurance unmanned aerial vehicle.
Sec. 214. Joint Unmanned Combat Air Systems program.
Sec. 215. Joint Strike Fighter Aircraft program.
Sec. 216. Joint experimentation.
Sec. 217. Infrastructure system security engineering development for
the Navy.
Sec. 218. Neurotoxin mitigation research.
Sec. 219. Spiral development of joint threat warning system maritime
variants.
Sec. 220. Advanced ferrite antenna.
Sec. 221. Prototype littoral array system for operating submarines.
Sec. 222. Advanced manufacturing technologies and radiation casualty
research.
Subtitle C--Ballistic Missile Defense
Sec. 231. Fielding of ballistic missile defense capabilities.
Sec. 232. Patriot Advance Capability-3 and Medium Extended Air Defense
System.
Sec. 233. Comptroller General assessments of ballistic missile defense
programs.
Sec. 234. Baselines and operational test and evaluation for ballistic
missile defense system.
Subtitle D--Other Matters
Sec. 241. Annual report on submarine technology insertion.
Sec. 242. Sense of the Senate regarding funding of the advanced
shipbuilding enterprise under the national
shipbuilding research program of the Navy.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Sec. 304. Amount for one source military counseling and referral
hotline.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 311. Commander's Emergency Response Program.
Sec. 312. Limitation on transfers out of working capital funds.
Sec. 313. Family readiness program of the National Guard.
Subtitle C--Environmental Provisions
Sec. 321. Payment of certain private cleanup costs in connection with
Defense Environmental Restoration Program.
Sec. 322. Reimbursement of Environmental Protection Agency for certain
costs in connection with Moses Lake
Wellfield Superfund Site, Moses Lake,
Washington.
Sec. 323. Satisfaction of certain audit requirements by the Inspector
General of the Department of Defense.
Sec. 324. Comptroller General study and report on drinking water
contamination and related health effects at
Camp Lejeune, North Carolina.
Sec. 325. Increase in authorized amount of environmental remediation,
Front Royal, Virginia.
Sec. 326. Comptroller General study and report on alternative
technologies to decontaminate groundwater
at Department of Defense installations.
Sec. 327. Sense of Senate on perchlorate contamination of ground and
surface water.
Sec. 328. Amount for research and development for improved prevention
of Leishmaniasis.
Sec. 329. Report regarding encroachment issues affecting Utah Test and
Training Range, Utah.
Subtitle D--Depot-Level Maintenance and Repair
Sec. 331. Simplification of annual reporting requirements concerning
funds expended for depot maintenance and
repair workloads.
Sec. 332. Repeal of requirement for annual report on management of
depot employees.
Sec. 333. Extension of special treatment for certain expenditures
incurred in the operation of centers of
industrial and technical excellence.
Subtitle E--Extensions of Program Authorities
Sec. 341. Two-year extension of Department of Defense
telecommunications benefit.
Sec. 342. Two-year extension of Arsenal Support Program Initiative.
Sec. 343. Reauthorization of warranty claims recovery pilot program.
Subtitle F--Defense Dependents Education
Sec. 351. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces
and Department of Defense civilian
employees.
Sec. 352. Impact aid for children with severe disabilities.
Sec. 353. Sense of the Senate regarding the impact of the privatization
of military housing on local schools
Subtitle G--Other Matters
Sec. 361. Charges for Defense Logistics Information Services materials.
Sec. 362. Temporary authority for contractor performance of security-
guard functions.
Sec. 363. Pilot program for purchase of certain municipal services for
Department of Defense installations.
Sec. 364. Consolidation and improvement of authorities for Army
working-capital funded facilities to engage
in public-private partnerships.
Sec. 365. Program to commemorate 60th anniversary of World War II.
Sec. 366. Media coverage of the return to the United States of the
remains of deceased members of the Armed
Forces from overseas.
Sec. 367. Tracking and care of members of the Armed Forces who are
injured in combat.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Additional authority for increases of Army active duty
personnel end strengths for fiscal years
2005 through 2009.
Sec. 403. Exclusion of service academy permanent and career professors
from a limitation on certain officer grade
strengths.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2005 limitations on non-dual status technicians.
Sec. 415. Authorized strengths for Marine Corps Reserve officers in
active status in grades below general
officer.
Subtitle C--Authorizations of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
Sec. 422. Armed Forces Retirement Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Joint Officer Personnel Management
Sec. 501. Modification of conditions of eligibility for waiver of joint
duty credit requirement for promotion to
general or flag officer.
Sec. 502. Management of joint specialty officers.
Sec. 503. Revised promotion policy objectives for joint officers.
Sec. 504. Length of joint duty assignments.
Sec. 505. Repeal of minimum period requirement for Phase II Joint
Professional Military Education.
Sec. 506. Revised definitions applicable to joint duty.
Subtitle B--Other Officer Personnel Policy
Sec. 511. Transition of active-duty list officer force to a force of
all regular officers.
Sec. 512. Eligibility of Navy staff corps officers to serve as Deputy
Chiefs of Naval Operations and Assistant
Chiefs of Naval Operations.
Sec. 513. One-year extension of authority to waive joint duty
experience as eligibility requirement for
appointment of chiefs of reserve
components.
Sec. 514. Limitation on number of officers frocked to major general and
rear admiral (upper half).
Sec. 515. Study regarding promotion eligibility of retired warrant
officers recalled to active duty.
Subtitle C--Reserve Component Personnel Policy
Sec. 521. Repeal of exclusion of active duty for training from
authority to order reserves to active duty.
Sec. 522. Exception to mandatory retention of Reserves on active duty
to qualify for retirement pay.
Subtitle D--Education and Training
Sec. 531. One-year extension of Army College First pilot program.
Sec. 532. Military recruiter equal access to campus.
Sec. 533. Exclusion from denial of funds for preventing ROTC access to
campus of amounts to cover individual costs
of attendance at institutions of higher
education.
Sec. 534. Transfer of authority to confer degrees upon graduates of the
Community College of the Air Force.
Sec. 535. Repeal of requirement for officer to retire upon termination
of service as Superintendent of the Air
Force Academy.
Subtitle E--Decorations, Awards, and Commendations
Sec. 541. Award of medal of honor to individual interred in the Tomb of
the Unknowns as representative of
casualties of a war.
Sec. 542. Separate campaign medals for Operation Enduring Freedom and
for Operation Iraqi Freedom.
Sec. 543. Plan for revised criteria and eligibility requirements for
award of combat infantryman badge and
combat medical badge for service in Korea
after July 28, 1953.
Subtitle F--Military Justice
Sec. 551. Reduced blood alcohol content limit for offense of drunken
operation of a vehicle, aircraft, or
vessel.
Sec. 552. Waiver of recoupment of time lost for confinement in
connection with a trial.
Sec. 553. Department of Defense policy and procedures on prevention and
response to sexual assaults involving
members of the Armed Forces.
Subtitle G--Scope of Duties of Ready Reserve Personnel in Inactive Duty
Status
Sec. 561. Redesignation of inactive-duty training to encompass
operational and other duties performed by
Reserves while in inactive duty status.
Sec. 562. Repeal of unnecessary duty status distinction for funeral
honors duty.
Sec. 563. Conforming amendments to other laws referring to inactive-
duty training.
Sec. 564. Conforming amendments to other laws referring to funeral
honors duty.
Subtitle H--Other Matters
Sec. 571. Accession of persons with specialized skills.
Sec. 572. Federal write-in ballots for absentee military voters located
in the United States.
Sec. 573. Renaming of National Guard Challenge Program and increase in
maximum Federal share of cost of State
programs under the program.
Sec. 574. Appearance of veterans service organizations at preseparation
counseling provided by the Department of
Defense.
Sec. 575. Sense of the Senate regarding return of members to active
duty service upon rehabilitation from
service-related injuries.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Geographic basis for housing allowance during short-
assignment permanent changes of station for
education or training.
Sec. 602. Immediate lump-sum reimbursement for unusual nonrecurring
expenses incurred for duty outside the
continental United States.
Sec. 603. Permanent increase in authorized amount of family separation
allowance.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for certain health care
professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of other bonus and special pay
authorities.
Sec. 615. Reduced service obligation for nurses receiving nurse
accession bonus.
Sec. 616. Assignment incentive pay.
Sec. 617. Permanent increase in authorized amount of hostile fire and
imminent danger special pay.
Sec. 618. Eligibility of enlisted members to qualify for critical
skills retention bonus while serving on
indefinite reenlistment.
Sec. 619. Clarification of educational pursuits qualifying for Selected
Reserve Education Loan Repayment Program
for health professions officers.
Sec. 620. Bonus for certain initial service of commissioned officers in
the Selected Reserve.
Sec. 621. Relationship between eligibility to receive supplemental
subsistence allowance and eligibility to
receive imminent danger pay, family
separation allowance, and certain Federal
assistance.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Travel and transportation allowances for family members to
attend burial ceremonies of members who die
on duty.
Sec. 632. Lodging costs incurred in connection with dependent student
travel.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 641. Special rule for computing the high-36 month average for
disabled members of reserve components.
Sec. 642. Death benefits enhancement.
Sec. 643. Repeal of phase-in of concurrent receipt of retired pay and
veterans' disability compensation for
veterans with service-connected
disabilities rated as 100 percent.
Sec. 644. Full SBP survivor benefits for surviving spouses over age 62.
Sec. 645. Open enrollment period for survivor benefit plan commencing
October 1, 2005.
Subtitle E--Other Matters
Sec. 651. Increased maximum period for leave of absence for pursuit of
a program of education in a health care
profession.
Sec. 652. Eligibility of members for reimbursement of expenses incurred
for adoption placements made by foreign
governments.
Sec. 653. Acceptance of frequent traveler miles, credits, and tickets
to facilitate the air or surface travel of
certain members of the Armed Forces and
their families.
Sec. 654. Child care for children of members of Armed Forces on active
duty for Operation Enduring Freedom or
Operation Iraqi Freedom.
Sec. 655. Relief for mobilized military reservists from certain Federal
agricultural loan obligations.
TITLE VII--HEALTH CARE
Subtitle A--Enhanced Benefits for Reserves
Sec. 701. Demonstration project on health benefits for Reserves.
Sec. 702. Permanent earlier eligibility date for TRICARE benefits for
members of reserve components.
Sec. 703. Waiver of certain deductibles for members on active duty for
a period of more than 30 days.
Sec. 704. Protection of dependents from balance billing.
Sec. 705. Permanent extension of transitional health care benefits and
addition of requirement for preseparation
physical examination.
Sec. 706. Expanded eligibility of Ready Reserve members under TRICARE
program.
Sec. 707. Continuation of non-TRICARE health benefits plan coverage for
certain Reserves called or ordered to
active duty and their dependents.
Subtitle B--Other Matters
Sec. 711. Repeal of requirement for payment of subsistence charges
while hospitalized.
Sec. 712. Opportunity for young child dependent of deceased member to
become eligible for enrollment in a TRICARE
dental plan.
Sec. 713. Pediatric dental practice necessary for professional
accreditation.
Sec. 714. Services of marriage and family therapists.
Sec. 715. Chiropractic health care benefits advisory committee.
Sec. 716. Grounds for Presidential waiver of requirement for informed
consent or option to refuse regarding
administration of drugs not approved for
general use.
Sec. 717. Eligibility of cadets and midshipmen for medical and dental
care and disability benefits.
Sec. 718. Continuation of sub-acute care for transition period.
Sec. 719. Temporary authority for waiver of collection of payments due
for CHAMPUS benefits received by disabled
persons unaware of loss of CHAMPUS
eligibility.
Sec. 720. Vaccine Healthcare Centers Network.
Sec. 721. Use of Department of Defense funds for abortions in cases of
rape and incest
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Responsibilities of acquisition executives and Chief
Information Officers under the Clinger-
Cohen Act.
Sec. 802. Software-related program costs under major defense
acquisition programs.
Sec. 803. Internal controls for Department of Defense purchases through
GSA Client Support Centers.
Sec. 804. Defense commercial satellite services procurement process.
Sec. 805. Revision and extension of authority for advisory panel on
review of government procurement laws and
regulations.
Subtitle B--General Contracting Authorities, Procedures, and
Limitations, and Other Matters
Sec. 811. Increased thresholds for applicability of certain
requirements.
Sec. 812. Period for multiyear task and delivery order contracts.
Sec. 813. Submission of cost or pricing data on noncommercial
modifications of commercial items.
Sec. 814. Delegations of authority to make determinations relating to
payment of defense contractors for business
restructuring costs.
Sec. 815. Limitation regarding service charges imposed for defense
procurements made through contracts of
other agencies.
Sec. 816. Sense of the Senate on effects of cost inflation on the value
range of the contracts to which a small
business contract reservation applies.
Subtitle C--Extensions of Temporary Program Authorities
Sec. 821. Extension of contract goal for small disadvantaged business
and certain institutions of higher
education.
Sec. 822. Extension of Mentor-Protege program.
Sec. 823. Extension of test program for negotiation of comprehensive
small business subcontracting plans.
Sec. 824. Extension of pilot program on sales of manufactured articles
and services of certain Army industrial
facilities.
Subtitle D--Industrial Base Matters
Sec. 831. Commission on the Future of the National Technology and
Industrial Base.
Sec. 832. Waiver authority for domestic source or content requirements.
Sec. 833. Consistency with United States obligations under trade
agreements.
Sec. 834. Repeal of certain requirements and limitations relating to
the defense industrial base.
Subtitle E--Defense Acquisition and Support Workforce
Sec. 841. Limitation and reinvestment authority relating to reduction
of the defense acquisition and support
workforce.
Sec. 842. Defense acquisition workforce improvements.
Subtitle F--Public-Private Competitions
Sec. 851. Public-private competition for work performed by civilian
employees of the Department of Defense.
Sec. 852. Performance of certain work by Federal Government employees.
Sec. 853. Competitive sourcing reporting requirement.
Subtitle G--Other Matters
Sec. 861. Inapplicability of certain fiscal laws to settlements under
special temporary contract closeout
authority.
Sec. 862. Demonstration program on expanded use of Reserves to perform
developmental testing, new equipment
training, and related activities.
Sec. 863. Applicability of competition exceptions to eligibility of
National Guard for financial assistance for
performance of additional duties.
Sec. 864. Management plan for contractor security personnel.
Sec. 865. Report on contractor performance of security, intelligence,
law enforcement, and criminal justice
functions in Iraq.
Sec. 866. Accreditation study of commercial off-the-shelf processes for
evaluating information technology products
and services.
Sec. 867. Contractor performance of acquisition functions closely
associated with inherently governmental
functions.
Sec. 868. Contracting with employers of persons with disabilities.
Sec. 869. Energy savings performance contracts.
Sec. 870. Availability of Federal supply schedule supplies and services
to United Service Organizations,
incorporated.
Sec. 871. Acquisition of aerial refueling aircraft for the Air Force.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Reserve Components
Sec. 901. Modification of stated purpose of the reserve components.
Sec. 902. Commission on the National Guard and Reserves.
Sec. 903. Chain of succession for the Chief of the National Guard
Bureau.
Sec. 904. Redesignation of Vice Chief of the National Guard Bureau as
Director of the Joint Staff of the National
Guard Bureau.
Sec. 905. Authority to redesignate the Naval Reserve.
Sec. 906. Homeland security activities of the National Guard.
Subtitle B--Other Matters
Sec. 911. Study of roles and authorities of the Director of Defense
Research and Engineering.
Sec. 912. Directors of Small Business Programs.
Sec. 913. Leadership positions for the Naval Postgraduate School.
Sec. 914. United States Military Cancer Institute.
Sec. 915. Authorities of the Judge Advocates General.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. United States contribution to NATO common-funded budgets in
fiscal year 2005.
Sec. 1003. Reduction in overall authorization due to inflation savings.
Sec. 1004. Defense business systems investment management.
Sec. 1005. Uniform funding and management of service academy athletic
and recreational extracurricular programs.
Sec. 1006. Authorization of appropriations for a contingent emergency
reserve fund for operations in Iraq and
Afghanistan.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Exchange and sale of obsolete Navy service craft and boats.
Sec. 1012. Limitation on disposal of obsolete naval vessel.
Sec. 1013. Award of contracts for ship dismantling on net cost basis.
Sec. 1014. Authority to transfer naval vessels to certain foreign
countries.
Subtitle C--Reports
Sec. 1021. Report on contractor security in Iraq.
Sec. 1022. Technical correction to reference to certain annual reports.
Sec. 1023. Study of establishment of mobilization station at Camp
Ripley National Guard Training Center,
Little Falls, Minnesota.
Sec. 1024. Report on training provided to members of the Armed Forces
to prepare for post-conflict operations.
Sec. 1025. Report on availability of potential overland ballistic
missile defense test ranges.
Sec. 1026. Operation of the Federal voting assistance program and the
Military Postal System.
Sec. 1027. Report on establishing national centers of excellence for
unmanned aerial and ground vehicles.
Sec. 1028. Report on post-major combat operations phase of Operation
Iraqi Freedom.
Sec. 1029. Comptroller General analysis of use of transitional benefit
corporations in connection with competitive
sourcing of performance of Department of
Defense activities and functions.
Sec. 1029A. Comptroller General study of programs of transition
assistance for personnel separating from
the Armed Forces.
Sec. 1029B. Study on coordination of job training and certification
standards.
Sec. 1029C. Content of preseparation counseling for personnel
separating from active duty service.
Sec. 1029D. Periodic detailed accounting for operations of the global
war on terrorism.
Sec. 1029E. Report on the stabilization of Iraq.
Sec. 1029F. Reports on matters relating to detainment of prisoners by
the Department of Defense.
Subtitle D--Matters Relating to Space
Sec. 1031. Space posture review.
Sec. 1032. Panel on the Future of Military Space Launch.
Sec. 1033. Operationally responsive national security payloads for
space satellites.
Sec. 1034. Nondisclosure of certain products of commercial satellite
operations.
Sec. 1035. Sense of Congress on space launch ranges.
Subtitle E--Defense Against Terrorism
Sec. 1041. Temporary acceptance of communications equipment provided by
local public safety agencies.
Sec. 1042. Full-time dedication of airlift support for homeland defense
operations.
Sec. 1043. Survivability of critical systems exposed to chemical or
biological contamination.
Subtitle F--Matters Relating to Other Nations
Sec. 1051. Humanitarian assistance for the detection and clearance of
landmines and explosive remnants of war.
Sec. 1052. Use of funds for unified counterdrug and counterterrorism
campaign in Colombia.
Sec. 1053. Assistance to Iraq and Afghanistan military and security
forces.
Sec. 1054. Assignment of NATO naval personnel to submarine safety
research and development programs.
Sec. 1055. Compensation for former prisoners of war.
Sec. 1056. Drug eradication efforts in Afghanistan.
Sec. 1057. Humane treatment of detainees.
Sec. 1058. United Nations Oil-For-Food Program.
Sec. 1059. Sense of Congress on the global partnership against the
spread of weapons of mass destruction.
Sec. 1059A Exception to bilateral agreement requirements for transfers
of defense items.
Sec. 1059B. Redesignation and modification of authorities relating to
Inspector General of the coalition
provisional authority.
Sec. 1059C. Treatment of foreign prisoners.
Subtitle G--Other Matters
Sec. 1061. Technical amendments relating to definitions of general
applicability in title 10, United States
Code.
Sec. 1062. Two-year extension of authority of Secretary of Defense to
engage in commercial activities as security
for intelligence collection activities
abroad.
Sec. 1063. Liability protection for persons voluntarily providing
maritime-related services accepted by the
Navy.
Sec. 1064. Licensing of intellectual property.
Sec. 1065. Delay of electronic voting demonstration project.
Sec. 1066. War risk insurance for merchant marine vessels.
Sec. 1067. Repeal of quarterly reporting requirement concerning
payments for District of Columbia water and
sewer services and establishment of annual
report by Treasury.
Sec. 1068. Receipt of pay by reserves from civilian employers while on
active duty in connection with a
contingency operation.
Sec. 1069. Protection of Armed Forces personnel from retaliatory
actions for communications made through the
chain of command.
Sec. 1070. Missile defense cooperation.
Sec. 1071. Policy on nonproliferation of ballistic missiles.
Sec. 1072. Reimbursement for certain protective, safety, or health
equipment purchased by or for members of
the Armed Forces for deployment in
operations in Iraq and central Asia.
Sec. 1073. Preservation of search and rescue capabilities of the
Federal Government.
Sec. 1074. Grant of Federal charter to Korean War Veterans Association,
Incorporated.
Sec. 1075. Coordination of USERRA with the Internal Revenue Code of
1986.
Sec. 1076. Aerial firefighting equipment.
Sec. 1077. Sense of Senate on American Forces Radio and Television
Service.
Sec. 1078. Sense of Congress on America's National World War I Museum.
Sec. 1079. Reduction of barriers for Hispanic-serving institutions in
defense contracts, defense research
programs, and other minority-related
defense programs.
Sec. 1080. Extension of scope and jurisdiction for current fraud
offenses.
Sec. 1081. Contractor accountability.
Sec. 1082. Definition of United States.
Sec. 1083. Mentor-protege pilot program.
Sec. 1084. Broadcast Decency Enforcement Act of 2004.
Sec. 1085. Children's Protection from Violent Programming Act.
Sec. 1086. Assessment of effectiveness of current rating system for
violence and effectiveness of V-chip in
blocking violent programming.
Sec. 1087. Unlawful distribution of violent video programming that is
not specifically rated for violence and
therefore is not blockable.
Sec. 1088. Separability.
Sec. 1089. Effective Date.
Sec. 1090. Pilot program on cryptologic service training.
Sec. 1091. Energy savings performance contracts.
Sec. 1092. Clarification of fiscal year 2004 funding level for a
National Institute of Standards and
Technology account.
Sec. 1093. Report on offset requirements under certain contracts.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY
Sec. 1101. Science, mathematics, and research for transformation
(SMART) defense scholarship pilot program.
Sec. 1102. Foreign language proficiency pay.
Sec. 1103. Pay and performance appraisal parity for civilian
intelligence personnel.
Sec. 1104. Accumulation of annual leave by intelligence senior level
employees.
Sec. 1105. Pay parity for senior executives in defense nonappropriated
fund instrumentalities.
Sec. 1106. Health benefits program for employees of nonappropriated
fund instrumentalities.
Sec. 1107. Bid protests by Federal employees in actions under Office of
Management and Budget Circular A-76.
Sec. 1108. Report on how to recruit and retain individuals with foreign
language skills.
Sec. 1109. Plan on implementation and utilization of flexible personnel
management authorities in Department of
Defense laboratories.
Sec. 1110. Nonreduction in pay while Federal employee is performing
active service in the uniformed services or
National Guard.
TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1201. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1202. Funding allocations.
Sec. 1203. Modification and waiver of limitation on use of funds for
chemical weapons destruction facilities in
Russia.
Sec. 1204. Inclusion of descriptive summaries in annual Cooperative
Threat Reduction reports and budget
justification materials.
TITLE XIII--MEDICAL READINESS TRACKING AND HEALTH SURVEILLANCE
Sec. 1301. Annual medical readiness plan and Joint Medical Readiness
Oversight Committee.
Sec. 1302. Medical readiness of Reserves.
Sec. 1303. Baseline Health Data Collection Program.
Sec. 1304. Medical care and tracking and health surveillance in the
theater of operations.
Sec. 1305. Declassification of information on exposures to
environmental hazards.
Sec. 1306. Environmental hazards.
Sec. 1307. Post-deployment medical care responsibilities of
installation commanders.
Sec. 1308. Full implementation of Medical Readiness Tracking and Health
Surveillance Program and Force Health
Protection and Readiness Program.
Sec. 1309. Other matters.
Sec. 1310. Use of civilian experts as consultants.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2004 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year
2003 project.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2004 projects.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 2002
projects.
Sec. 2703. Extension of authorization of certain fiscal year 2001
project.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Increase in thresholds for unspecified minor military
construction projects.
Sec. 2802. Modification of approval and notice requirements for
facility repair projects.
Sec. 2803. Additional reporting requirements relating to alternative
authority for acquisition and improvement
of military housing.
Sec. 2804. Modification of authorities under alternative authority for
acquisition and improvement of military
housing.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Recodification and consolidation of certain authorities and
limitations relating to real property
administration.
Sec. 2812. Modification and enhancement of authorities on facilities
for reserve components.
Sec. 2813. Authority to exchange or sell reserve component facilities
and lands to obtain new reserve component
facilities and lands.
Sec. 2814. Repeal of authority of Secretary of Defense to recommend
that installations be placed in inactive
status during 2005 round of defense base
closure and realignment.
Subtitle C--Land Conveyances
Sec. 2821. Transfer of administrative jurisdiction, Defense Supply
Center, Columbus, Ohio.
Sec. 2822. Land conveyance, Browning Army Reserve Center, Utah.
Sec. 2823. Land exchange, Arlington County, Virginia.
Sec. 2824. Land conveyance, Hampton, Virginia.
Sec. 2825. Land conveyance, Seattle, Washington.
Sec. 2826. Transfer of jurisdiction, Nebraska Avenue Naval Complex,
District of Columbia.
Sec. 2827. Land conveyance, Honolulu, Hawaii.
Sec. 2828. Land conveyance, Portsmouth, Virginia.
Sec. 2829. Land conveyance, former Griffiss Air Force Base, New York.
Sec. 2830. Land exchange, Maxwell Air Force Base, Alabama.
Sec. 2831. Land exchange, Naval Air Station, Patuxent River, Maryland.
Sec. 2832. Land conveyance, March Air Force Base, California.
Sec. 2833. Land conveyance, Sunflower Army Ammunition Plant, Kansas.
Sec. 2834. Land conveyance, Naval Weapons Station, Charleston, South
Carolina.
Sec. 2835. Land conveyance, Louisiana Army Ammunition Plant, Doyline,
Louisiana.
Sec. 2836. Modification of authority for land conveyance, equipment and
storage yard, Charleston, South Carolina.
Subtitle D--Other Matters
Sec. 2841. Department of Defense Follow-On Laboratory Revitalization
Demonstration Program.
Sec. 2842. Jurisdiction and utilization of former public domain lands,
Umatilla Chemical Depot, Oregon.
Sec. 2843. Development of heritage center for the National Museum of
the United States Army.
Sec. 2844. Authority to settle claim of Oakland Base Reuse Authority
and Redevelopment Agency of the City of
Oakland, California.
Sec. 2845. Comptroller general report on closure of Department of
Defense Dependent Elementary and Secondary
Schools and commissary stores.
TITLE XXIX--MARITIME ADMINISTRATION
Sec. 2901. Modification of priority afforded applications for national
defense tank vessel construction
assistance.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Limitation on availability of funds for Modern Pit Facility.
Sec. 3112. Limitation on availability of funds for Advanced Nuclear
Weapons Concepts Initiative.
Sec. 3113. Limited authority to carry out new projects under Facilities
and Infrastructure Recapitalization Program
after project selection deadline.
Sec. 3114. Modification of milestone and report requirements for
National Ignition Facility.
Sec. 3115. Modification of submittal date of annual plan for
stewardship, management, and certification
of warheads in the nuclear weapons
stockpile.
Sec. 3116. Defense site acceleration completion.
Sec. 3117. National Academy of Sciences study.
Sec. 3118. Annual report on expenditures for safeguards and security.
Sec. 3119. Authority to consolidate counterintelligence offices of
Department of Energy and National Nuclear
Security Administration within National
Nuclear Security Administration.
Sec. 3120. Treatment of waste material.
Sec. 3121. Local stakeholder organizations for Department of Energy
environmental management 2006 closure
sites.
Sec. 3122. Report on maintenance of retirement benefits for certain
workers at 2006 closure sites after closure
of sites.
Sec. 3123. Report on Efforts of National Nuclear Security
Administration to understand plutonium
aging.
Subtitle C--Proliferation Matters
Sec. 3131. Modification of authority to use international nuclear
materials protection and cooperation
program funds outside the former Soviet
Union.
Sec. 3132. Acceleration of removal or security of fissile materials,
radiological materials, and related
equipment at vulnerable sites worldwide.
Subtitle D--Other Matters
Sec. 3141. Indemnification of Department of Energy contractors.
Sec. 3142. Two-year extension of authority for appointment of certain
scientific, engineering, and technical
personnel.
Sec. 3143. Enhancement of Energy Employees Occupational Illness
Compensation Program authorities.
Sec. 3144. Support for public education in the vicinity of Los Alamos
National Laboratory, New Mexico.
Sec. 3145. Review of Waste Isolation Pilot Plant, New Mexico, pursuant
to competitive contract.
Sec. 3146. Compensation of Pajarito Plateau, New Mexico, homesteaders
for acquisition of lands for Manhattan
Project in World War II.
Subtitle E--Energy Employees Occupational Illness Compensation Program
Sec. 3161. Coverage of individuals employed at atomic weapons employer
facilities during periods of residual
contamination.
Sec. 3162. Update of report on residual contamination of facilities.
Sec. 3163. Workers compensation.
Sec. 3164. Termination of effect of other enhancements of Energy
Employees Occupational Illness Compensation
Program.
Sec. 3165. Sense of Senate on resource center for energy employees
under Energy Employee Occupational Illness
Compensation Program in Western New York
and Western Pennsylvania region.
Sec. 3166. Review by Congress of individuals designated by President as
members of cohort.
Sec. 3167. Inclusion of certain former nuclear weapons program workers
in special exposure cohort under the Energy
Employees Occupational Illness Compensation
Program.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Disposal of ferromanganese.
Sec. 3302. Revisions to required receipt objectives for certain
previously authorized disposals from the
National Defense Stockpile.
Sec. 3303. Prohibition on storage of mercury at certain facilities.
TITLE XXXIV--LOCAL LAW ENFORCEMENT ENHANCEMENT ACT
Sec. 3401. Short Title.
Sec. 3402. Findings.
Sec. 3403. Definition of hate crime.
Sec. 3404. Support for criminal investigations and prosecutions by
State and local law enforcement officials.
Sec. 3405. Grant Program.
Sec. 3406. Authorization for additional personnel to assist State and
local law enforcement.
Sec. 3407. Prohibition of certain hate crime acts.
Sec. 3408. Duties of Federal Sentencing Commission.
Sec. 3409. Statistics.
Sec. 3410. Severability.
TITLE XXXV--ASSISTANCE TO FIREFIGHTERS
Sec. 3501. Short title.
Sec. 3502. Authority of Secretary of Homeland Security for Firefighter
Assistance Program.
Sec. 3503. Grants to volunteer emergency medical service organizations.
Sec. 3504. Grants for automated external defibrillator devices.
Sec. 3505. Criteria for reviewing grant applications.
Sec. 3506. Financial assistance for firefighter safety programs.
Sec. 3507. Assistance for applications.
Sec. 3508. Reduced requirements for matching funds.
Sec. 3509. Grant recipient limitations.
Sec. 3510. Other considerations.
Sec. 3511. Reports to congress.
Sec. 3512. Technical corrections.
Sec. 3513. Authorization of appropriations.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2005
for procurement for the Army as follows:
(1) For aircraft, $2,702,640,000.
(2) For missiles, $1,488,321,000.
(3) For weapons and tracked combat vehicles,
$1,693,595,000.
(4) For ammunition, $1,598,302,000.
(5) For other procurement, $5,384,296,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 2005 for procurement for the Navy as follows:
(1) For aircraft, $8,870,832,000.
(2) For weapons, including missiles and torpedoes,
$2,183,829,000.
(3) For shipbuilding and conversion, $10,127,027,000.
(4) For other procurement, $4,904,978,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2005 for procurement for the Marine Corps in the amount
of $1,303,203,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2005 for procurement of ammunition
for the Navy and the Marine Corps in the amount of $873,140,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2005
for procurement for the Air Force as follows:
(1) For aircraft, $13,033,674,000.
(2) For missiles, $4,635,613,000.
(3) For ammunition, $1,396,457,000.
(4) For other procurement, $13,298,257,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2005
for Defense-wide procurement in the amount of $2,967,402,000.
Subtitle B--Army Programs
SEC. 111. LIGHT UTILITY HELICOPTER PROGRAM.
(a) Limitation.--Of the funds authorized to be appropriated under
section 101(1) for the procurement of light utility helicopters,
$45,000,000 may not be obligated or expended until 30 days after the
date on which the Secretary of the Army submits to the congressional
defense committees a report that contains--
(1) the Secretary's certification that all required
documentation for the acquisition of light utility helicopters
has been completed and approved; and
(2) the Army aviation modernization plan required by
subsection (b).
(b) Army Aviation Modernization Plan.--(1) Not later than March 1,
2005, the Secretary of the Army shall submit to the congressional
defense committees an updated modernization plan for Army aviation.
(2) The updated Army aviation modernization plan shall contain, at
a minimum, the following matters:
(A) The analysis on which the plan is based.
(B) A discussion of the Secretary's decision to terminate
the Comanche helicopter program and to restructure the aviation
force of the Army.
(C) The actions taken or to be taken to accelerate the
procurement and development of aircraft survivability equipment
for Army aircraft, together with a detailed list of aircraft
survivability equipment that specifies such equipment by
platform and by the related programmatic funding for
procurement.
(D) A discussion of the conversion of Apache helicopters to
block III configuration, including the rationale for converting
only 501 Apache helicopters to that configuration and the costs
associated with a conversion of all Apache helicopters to the
block III configuration.
(E) A discussion of the procurement of light armed
reconnaissance helicopters, including the rationale for the
requirement for light armed reconnaissance helicopters and a
discussion of the costs associated with upgrading the light
armed reconnaissance helicopter to meet Army requirements.
(F) The rationale for the Army's requirement for light
utility helicopters, together with a summary and copy of the
analysis of the alternative means for meeting such requirement
that the Secretary considered in the determination to procure
light utility helicopters, including, at a minimum, the
analysis of the alternative of using light armed reconnaissance
helicopters and UH-60 Black Hawk helicopters instead of light
utility helicopters to meet such requirement.
(G) The rationale for the procurement of cargo fixed-wing
aircraft.
(H) The rationale for the initiation of a joint multi-role
helicopter program.
(I) A description of the operational employment of the
Army's restructured aviation force.
SEC. 112. UP-ARMORED HIGH MOBILITY MULTI-PURPOSE WHEELED VEHICLES OR
WHEELED VEHICLE BALLISTIC ADD-ON ARMOR PROTECTION.
(a) Amount.--Of the amount authorized to be appropriated for the
Army for fiscal year 2005 for other procurement under section 101(5),
$610,000,000 shall be available for both of the purposes described in
subsection (b) and may be used for either or both of such purposes.
(b) Purposes.--The purposes referred to in subsection (a) are as
follows:
(1) The procurement of up-armored high mobility multi-
purpose wheeled vehicles at a rate up to 450 such vehicles each
month.
(2) The procurement of wheeled vehicle ballistic add-on
armor protection.
(c) Allocation by Secretary of the Army.--(1) The Secretary of the
Army shall allocate the amount available under subsection (a) between
the two purposes set forth in subsection (b) as the Secretary
determines appropriate to meet the requirements of the Army.
(2) Not later than 15 days before making an allocation under
paragraph (1), the Secretary shall transmit a notification of the
proposed allocation to the congressional defense committees.
(d) Prohibition on Use for Other Purposes.--The amount available
under subsection (a) may not be used for any purpose other than a
purpose specified in subsection (b).
SEC. 113. COMMAND-AND-CONTROL VEHICLES OR FIELD ARTILLERY AMMUNITION
SUPPORT VEHICLES.
(a) Increased Amount for Procurement of Weapons and Tracked Combat
Vehicles.--The amount authorized to be appropriated under section
101(3) is hereby increased by $5,000,000.
(b) Amount for Command-and-Control Vehicles or Field Artillery
Ammunition Support Vehicles.--Of the amount authorized to be
appropriated under section 101(3), $5,000,000 may be used for the
procurement of command-and-control vehicles or field artillery
ammunition support vehicles.
(c) Offset.--The amount authorized to be appropriated by section
421 is hereby reduced by $5,000,000, with the amount of the reduction
to be derived from excess amounts provided for military personnel of
the Air Force.
Subtitle C--Navy Programs
SEC. 121. LHA(R) AMPHIBIOUS ASSAULT SHIP PROGRAM.
(a) Authorization of Ship.--The Secretary of the Navy is authorized
to procure the first amphibious assault ship of the LHA(R) class,
subject to the availability of appropriations for that purpose.
(b) Authorized Amount.--Of the amount authorized to be appropriated
under section 102(a)(3) for fiscal year 2005, $150,000,000 shall be
available for the advance procurement and advance construction of
components for the first amphibious assault ship of the LHA(R) class.
The Secretary of the Navy may enter into a contract or contracts with
the shipbuilder and other entities for the advance procurement and
advance construction of those components.
SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR THE LIGHT WEIGHT 155-
MILLIMETER HOWITZER PROGRAM.
(a) Authority.--Beginning with the fiscal year 2005 program year,
the Secretary of the Navy may, in accordance with section 2306b of
title 10, United States Code, enter into a multiyear contract for the
procurement of the light weight 155-millimeter howitzer.
(b) Limitation.--The Secretary may not enter into a multiyear
contract for the procurement of light weight 155 millimeter howitzers
under subsection (a) until the Secretary determines on the basis of
operational testing that the light weight 155-millimeter howitzer is
effective for fleet use.
SEC. 123. PILOT PROGRAM FOR FLEXIBLE FUNDING OF SUBMARINE ENGINEERED
REFUELING OVERHAUL AND CONVERSION.
(a) Establishment.--The Secretary of the Navy may carry out a pilot
program of flexible funding of engineered refueling overhauls and
conversions of submarines in accordance with this section.
(b) Authority.--Under the pilot program, the Secretary of the Navy
may, subject to subsection (d), transfer amounts described in
subsection (c) to the authorization of appropriations for the Navy for
procurement for shipbuilding and conversion for any fiscal year to
continue to provide authorization of appropriations for any engineered
refueling conversion or overhaul of a submarine of the Navy for which
funds were initially provided on the basis of the authorization of
appropriations to which transferred.
(c) Amounts Available for Transfer.--The amounts available for
transfer under this section are amounts authorized to be appropriated
to the Navy for any fiscal year after fiscal year 2004 and before
fiscal year 2013 for the following purposes:
(1) For procurement as follows:
(A) For shipbuilding and conversion.
(B) For weapons procurement.
(C) For other procurement.
(2) For operation and maintenance.
(d) Limitations.--(1) A transfer may be made with respect to a
submarine under this section only to meet either (or both) of the
following requirements:
(A) An increase in the size of the workload for engineered
refueling overhaul and conversion to meet existing requirements
for the submarine.
(B) A new engineered refueling overhaul and conversion
requirement resulting from a revision of the original baseline
engineered refueling overhaul and conversion program for the
submarine.
(2) A transfer may not be made under this section before the date
that is 30 days after the date on which the Secretary of the Navy
transmits to the congressional defense committees a written
notification of the intended transfer. The notification shall include
the following matters:
(A) The purpose of the transfer.
(B) The amounts to be transferred.
(C) Each account from which the funds are to be
transferred.
(D) Each program, project, or activity from which the
amounts are to be transferred.
(E) Each account to which the amounts are to be
transferred.
(F) A discussion of the implications of the transfer for
the total cost of the submarine engineered refueling overhaul
and conversion program for which the transfer is to be made.
(e) Merger of Funds.--A transfer made from one account to another
with respect to the engineered refueling overhaul and conversion of a
submarine under the authority of this section shall be deemed to
increase the amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred and shall be
available for the engineered refueling overhaul and conversion of such
submarine for the same period as the account to which transferred.
(f) Relationship to Other Transfer Authority.--The authority to
make transfers under this section is in addition to any other transfer
authority provided in this or any other Act and is not subject to any
restriction, limitation, or procedure that is applicable to the
exercise of any such other authority.
(g) Final Report.--Not later than October 1, 2011, the Secretary of
the Navy shall submit to the congressional defense committees a report
containing the Secretary's evaluation of the efficacy of the authority
provided under this section.
(h) Termination of Program.--No transfer may be made under this
section after September 30, 2012.
Subtitle D--Air Force Programs
SEC. 131. PROHIBITION OF RETIREMENT OF
KC-135E AIRCRAFT.
The Secretary of the Air Force may not retire any KC-135E aircraft
of the Air Force in fiscal year 2005.
SEC. 132. PROHIBITION OF RETIREMENT OF
F-117 AIRCRAFT.
No F-117 aircraft in use by the Air Force during fiscal year 2004
may be retired during fiscal year 2005.
SEC. 133. SENIOR SCOUT MISSION BED-DOWN INITIATIVE.
(a) Amount for Program.--The amount authorized to be appropriated
by section 103(1) is hereby increased by $2,000,000, with the amount of
the increase to be available for a bed-down initiative to enable the C-
130 aircraft of the Idaho Air National Guard to be the permanent
carrier of the SENIOR SCOUT mission shelters of the 169th Intelligence
Squadron of the Utah Air National Guard.
(b) Offset.--The amount authorized to be appropriated by section
421 is hereby reduced by $2,000,000, with the amount of the reduction
to be derived from excess amounts provided for military personnel of
the Air Force.
Subtitle E--Other Matters
SEC. 141. REPORT ON OPTIONS FOR ACQUISITION OF PRECISION-GUIDED
MUNITIONS.
(a) Requirement for Report.--Not later than March 1, 2005, the
Secretary of Defense shall submit a report on options for the
acquisition of precision-guided munitions to the congressional defense
committees.
(b) Content of Report.--The report shall include the following
matters:
(1) A list of the precision-guided munitions in the
inventory of the Department of Defense.
(2) For each such munition--
(A) the inventory level as of the most recent date
that it is feasible to specify when the report is
prepared;
(B) the inventory objective that is necessary to
execute the current National Military Strategy
prescribed by the Chairman of the Joint Chiefs of
Staff;
(C) the year in which that inventory objective
would be expected to be achieved--
(i) if the munition were procured at the
minimum sustained production rate;
(ii) if the munition were procured at the
most economic production rate; and
(iii) if the munition were procured at the
maximum production rate; and
(D) the procurement cost (in constant fiscal year
2004 dollars) at each of the production rates specified
in subparagraph (C).
SEC. 142. REPORT ON MATURITY AND EFFECTIVENESS OF THE GLOBAL
INFORMATION GRID BANDWIDTH EXPANSION (GIG-BE) NETWORK.
(a) Report Required.--Not later that 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on a test program to
demonstrate the maturity and effectiveness of the Global Information
Grid-Bandwidth Expansion (GIG-BE) network architecture.
(b) Contents of Report.--The report under subsection (a) shall--
(1) determine whether the results of the test program
described in subsection (a) demonstrate compliance of the GIG-
BE architecture with the overall goals of the GIG-BE program;
(2) identify--
(A) the extent to which the GIG-BE architecture
does not meet the overall goals of the program; and
(B) the components that are not yet sufficiently
developed to achieve the overall goals of the program;
(3) include a plan and cost estimates for achieving
compliance; and
(4) document the equipment and network configuration used
to demonstrate real-world scenarios within the continental
United States.
TITLE II--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2005
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $9,686,958,000.
(2) For the Navy, $16,679,391,000.
(3) For the Air Force, $21,264,267,000.
(4) For Defense-wide activities, $20,635,937,000, of which
$309,135,000 is authorized for the Director of Operational Test
and Evaluation.
SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY.
(a) Amount for Projects.--Of the total amount authorized to be
appropriated by section 201, $10,998,850,000 shall be available for
science and technology projects.
(b) Science and Technology Defined.--In this section, the term
``science and technology project'' means work funded in program
elements for defense research, development, test, and evaluation under
Department of Defense budget activities 1, 2, or 3.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. DD(X)-CLASS DESTROYER PROGRAM.
(a) Authorization of Ship.--For the second destroyer in the DD(X)-
class destroyer program, the Secretary of the Navy is authorized to use
funds authorized to be appropriated to the Navy under section 201(2).
(b) Amount for Detail Design.--Of the amount authorized to be
appropriated under section 201(2) for fiscal year 2005, $99,400,000
shall be available for the detail design of the second destroyer of the
DD(X)-class.
SEC. 212. GLOBAL POSITIONING SYSTEM III SATELLITE.
Not more than 80 percent of the amount authorized to be
appropriated by section 201(4) and available for the purpose of
research, development, test, and evaluation on the Global Positioning
System III satellite may be obligated or expended for that purpose
until the Secretary of Defense--
(1) completes an analysis of alternatives for the satellite
and ground architectures, satellite technologies, and tactics,
techniques, and procedures for the next generation global
positioning system (GPS); and
(2) submits to the congressional defense committees a
report on the results of the analysis, including an assessment
of the results of the analysis.
SEC. 213. INITIATION OF CONCEPT DEMONSTRATION OF GLOBAL HAWK HIGH
ALTITUDE ENDURANCE UNMANNED AERIAL VEHICLE.
Section 221(c) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106-398; 114 Stat. 1654A-40) is amended by striking ``March 1,
2001'' and inserting ``March 1, 2005''.
SEC. 214. JOINT UNMANNED COMBAT AIR SYSTEMS PROGRAM.
(a) Executive Committee.--(1) The Secretary of Defense shall,
subject to subsection (b), establish and require an executive committee
to provide guidance and recommendations for the management of the Joint
Unmanned Combat Air Systems program to the Director of the Defense
Advanced Research Projects Agency and the personnel who are managing
the program for such agency.
(2) The executive committee established under paragraph (1) shall
be composed of the following members:
(A) The Under Secretary of Defense for Acquisition,
Technology, and Logistics, who shall chair the executive
committee.
(B) The Assistant Secretary of the Navy for Research,
Development, and Acquisition.
(C) The Assistant Secretary of the Air Force for
Acquisition.
(D) The Deputy Chief of Naval Operations for Warfare
Requirements and Programs.
(E) The Deputy Chief of Staff of the Air Force for Air and
Space Operations.
(F) Any additional personnel of the Department of Defense
whom the Secretary determines appropriate for membership on the
executive committee.
(b) Applicability Only to DARPA-Managed Program.--The requirements
of subsection (a) apply with respect to the Joint Unmanned Combat Air
Systems program only while the program is managed by the Defense
Advanced Research Projects Agency.
SEC. 215. JOINT STRIKE FIGHTER AIRCRAFT PROGRAM.
(a) Requirement for Study.--The Secretary of Defense shall require
the Defense Science Board to conduct a study on the Joint Strike
Fighter aircraft program.
(b) Matters To Be Studied.--The study shall include, for each of
the three variants of the Joint Strike Fighter aircraft, the following
matters:
(1) The current status.
(2) The extent of the effects of excess aircraft weight on
estimated performance.
(3) The validity of the technical approaches being
considered to achieve the required performance.
(4) The risks of those technical approaches.
(5) A list of any alternative technical approaches that
have the potential to achieve the required performance.
(c) Report.--The Secretary shall submit a report on the results of
the study to the congressional defense committees at the same time that
the President submits the budget for fiscal year 2006 to Congress under
section 1105(a) of title 31, United States Code.
SEC. 216. JOINT EXPERIMENTATION.
(a) Defense-Wide Program Element.--The Secretary of Defense shall
plan, program, and budget for all joint experimentation of the Armed
Forces as a separate, dedicated program element under research,
development, test, and evaluation, Defense-wide activities.
(b) Applicability to Fiscal Years After Fiscal Year 2005.--This
section shall apply with respect to fiscal years beginning after 2005.
SEC. 217. INFRASTRUCTURE SYSTEM SECURITY ENGINEERING DEVELOPMENT FOR
THE NAVY.
(a) Increase in Amount for Research, Development, Test and
Evaluation, Navy.--The amount authorized to be appropriated by section
201(2) for research, development, test and evaluation, Navy, is hereby
increased by $3,000,000.
(b) Availability of Amount for Infrastructure System Security
Engineering Development.--Of the amount authorized to be appropriated
by section 201(2) for research, development, test, and evaluation,
Navy, as increased by subsection (a), $3,000,000 may be available for
infrastructure system security engineering development.
(c) Offset.--(1) The amount authorized to be appropriated by
section 101(5) for other procurement, Army, is hereby reduced by
$1,000,000, with the amount of the reduction to be allocated to Buffalo
Landmine Vehicles.
(2) The amount authorized to be appropriated by section 102(b) for
procurement for the Marine Corps is hereby reduced by $500,000, with
the amount of the reduction to be allocated to Combat Casualty Care.
(3) The amount authorized to be appropriated by section 201(1) for
research, development, test, and evaluation, Army, is hereby reduced by
$1,000,000, with the amount of the reduction to the allocated to Active
Coating Technology.
(4) The amount authorized to be appropriated by section 201(4) for
research, development, test, and evaluation, Defense-wide activities,
is hereby reduced by $500,000, with the amount of the reduction to be
allocated to Radiation Hardened Complementary Metal Oxide Semi-
Conductors.
SEC. 218. NEUROTOXIN MITIGATION RESEARCH.
(a) Increase in Amount for Research, Development, Test, and
Evaluation, Defense-Wide.--The amount authorized to be appropriated by
section 201(4) for research, development, test, and evaluation,
Defense-wide activities, is hereby increased by $2,000,000.
(b) Availability for Neurotoxin Mitigation Research.--Of the amount
authorized to be appropriated by section 201(4) for research,
development, test, and evaluation, Defense-wide activities, as
increased by subsection (a), $2,000,000 may be available in Program
Element PE 62384BP for neurotoxin mitigation research.
(c) Offset.--The amount authorized to be appropriated by section
301(1) for operation and maintenance for the Army is hereby reduced by
$2,000,000, with the amount of the reduction to be allocated to
Satellite Communications Language training activity (SCOLA) at the Army
Defense Language Institute.
SEC. 219. SPIRAL DEVELOPMENT OF JOINT THREAT WARNING SYSTEM MARITIME
VARIANTS.
(a) Amount for Program.--The amount authorized to be appropriated
by section 201(4) is hereby increased by $2,000,000, with the amount of
the increase to be available in the program element PE 1160405BB for
joint threat warning system maritime variants.
(b) Offset.--The amount authorized to be appropriated by section
421 is hereby reduced by $2,000,000, with the amount of the reduction
to be derived from excess amounts provided for military personnel of
the Air Force.
SEC. 220. ADVANCED FERRITE ANTENNA.
(a) Amount for Development and Testing.--Of the amount authorized
to be appropriated under section 201(2), $3,000,000 may be available
for development and testing of the Advanced Ferrite Antenna.
(b) Offset.--The amount authorized to be appropriated by section
421 is hereby reduced by $3,000,000, with the amount of the reduction
to be derived from excess amounts provided for military personnel of
the Air Force.
SEC. 221. PROTOTYPE LITTORAL ARRAY SYSTEM FOR OPERATING SUBMARINES.
(a) Increase in Amount for Research, Development, Test, and
Evaluation, Navy.--The amount authorized to be appropriated by section
201(2) for research, development, test, and evaluation for the Navy is
hereby increased by $5,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 201(2) for research, development, test, and
evaluation for the Navy, as increased by subsection (a), $5,000,000 may
be available for Program Element PE 0604503N for the design,
development, and testing of a prototype littoral array system for
operating submarines.
(c) Offset.--The amount authorized to be appropriated by section
421 is hereby reduced by $5,000,000, with the amount of the reduction
to be derived from excess amounts provided for military personnel of
the Air Force.
SEC. 222. ADVANCED MANUFACTURING TECHNOLOGIES AND RADIATION CASUALTY
RESEARCH.
(a) Additional Amount for Advanced Manufacturing Strategies.--Of
the amount authorized to be appropriated by section 201(4) for
research, development, test, and evaluation, Defense-wide activities,
the amount available for Advanced Manufacturing Technologies (PE
0708011S) is hereby increased by $2,000,000.
(b) Amount for Radiation Casualty Research.--Of the amount
authorized to be appropriated by section 201(4) for research,
development, test, and evaluation, Defense-wide activities, $3,000,000
may be available for Radiation Casualty Research (PE 0603002D8Z).
(c) Offset.--The amount authorized to be appropriated by section
421 is hereby reduced by $5,000,000, with the amount of the reduction
to be derived from excess amounts provided for military personnel of
the Air Force.
Subtitle C--Ballistic Missile Defense
SEC. 231. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.
Funds authorized to be appropriated under section 201(4) for the
Missile Defense Agency may be used for the development and fielding of
an initial set of ballistic missile defense capabilities.
SEC. 232. PATRIOT ADVANCE CAPABILITY-3 AND MEDIUM EXTENDED AIR DEFENSE
SYSTEM.
(a) Oversight.--In the management of the combined program for the
acquisition of the Patriot Advanced Capability-3 missile system and the
Medium Extended Air Defense System, the Secretary of Defense shall
require the Secretary of the Army to obtain the approval of the
Director of the Missile Defense Agency before the Secretary of the
Army--
(1) either--
(A) changes any system level technical
specifications that are in effect under the program as
of the date of the enactment of this Act; or
(B) establishes any new system level technical
specifications after such date;
(2) makes any significant change in a procurement quantity
(including any quantity in any future block procurement) that,
as of such date, is planned for--
(A) the Patriot Advanced Capabilities-3 missile
system; or
(B) PAC-3 configuration-3 radars, launchers, or
fire control units; or
(3) changes the baseline development schedule that is in
effect for the program as of the date of the enactment of this
Act.
(b) Definitions.--In this section:
(1) The term ``system level technical specifications'',
with respect to a system to which this section applies, means
technical specifications expressed in terms of technical
performance, including test specifications, that affect the
ability of the system to contribute to the capability of the
ballistic missile defense system of the United States, as
determined by the Director of the Missile Defense Agency.
(2) The term ``significant change'', with respect to a
planned procurement quantity, means any change of such quantity
that would result in a significant change in the contribution
that, as of the date of the enactment of this Act, is planned
for the Patriot Advanced Capability-3 system to make to the
ballistic missile defense system of the United States.
(3) The term ``baseline development schedule'' means the
schedule on which technology upgrades for the combined
acquisition program referred to in subsection (a) are planned
for development.
(4) The terms ``Patriot Advanced Capability-3'' and ``PAC-3
configuration-3''--
(A) mean the air and missile defense system that,
as of June 1, 2004, is referred to by either such name
in the management of the combined acquisition program
referred to in subsection (a); and
(B) include such system as it is improved with new
air and missile defense technologies.
SEC. 233. COMPTROLLER GENERAL ASSESSMENTS OF BALLISTIC MISSILE DEFENSE
PROGRAMS.
(a) Annual Assessments.--At the conclusion of each of 2004 through
2009, the Comptroller General of the United States shall conduct an
assessment of the extent to which each ballistic missile defense
program met the cost, scheduling, testing, and performance goals for
such program for such year as established pursuant to section 232(c) of
the National Defense Authorization Act for Fiscal Year 2002 (10 U.S.C.
2431 note).
(b) Reports on Annual Assessments.--Not later than February 15 of
each of 2005 through 2010, the Comptroller General shall submit to the
congressional defense committees a report on the assessment conducted
by the Comptroller General under subsection (a) for the previous year.
SEC. 234. BASELINES AND OPERATIONAL TEST AND EVALUATION FOR BALLISTIC
MISSILE DEFENSE SYSTEM.
(a) Testing Criteria.--Not later than February 1, 2005, the
Secretary of Defense, in consultation with the Director of Operational
Test and Evaluation, shall prescribe appropriate criteria for
operationally realistic testing of fieldable prototypes developed under
the ballistic missile defense spiral development program. The Secretary
shall submit a copy of the prescribed criteria to the congressional
defense committees.
(b) Use of Criteria.--(1) The Secretary of Defense shall ensure
that, not later than October 1, 2005, a test of the ballistic missile
defense system is conducted consistent with the criteria prescribed
under subsection (a).
(2) The Secretary of Defense shall ensure that each block
configuration of the ballistic missile defense system is tested
consistent with the criteria prescribed under subsection (a).
(c) Relationship to Other Law.--Nothing in this section shall be
construed to exempt any spiral development program of the Department of
Defense, after completion of the spiral development, from the
applicability of any provision of chapter 144 of title 10, United
States Code, or section 139, 181, 2366, 2399, or 2400 of such title in
accordance with the terms and conditions of such provision.
(d) Evaluation.--(1) The Director of Operational Test and
Evaluation shall evaluate the results of each test conducted under
subsection (a) as soon as practicable after the completion of such
test.
(2) The Director shall submit to the Secretary of Defense and the
congressional defense committees a report on the evaluation of each
test conducted under subsection (a) upon completion of the evaluation
of such test under paragraph (1).
(e) Cost, Schedule, and Performance Baselines.--(1) The Director of
the Missile Defense Agency shall establish cost, schedule, and
performance baselines for each block configuration of the Ballistic
Missile Defense System being fielded. The cost baseline for a block
configuration shall include full life cycle costs for the block
configuration.
(2) The Director shall include the baselines established under
paragraph (1) in the first Selected Acquisition Report for the
Ballistic Missile Defense System that is submitted to Congress under
section 2432 of title 10, United States Code, after the establishment
of such baselines.
(3) The Director shall also include in the Selected Acquisition
Report submitted to Congress under paragraph (2) the significant
assumptions used in determining the performance baseline under
paragraph (1), including any assumptions regarding threat missile
countermeasures and decoys.
(f) Variations Against Baselines.--In the event the cost, schedule,
or performance of any block configuration of the Ballistic Missile
Defense System varies significantly (as determined by the Director of
the Ballistic Missile Defense Agency) from the applicable baseline
established under subsection (d), the Director shall include such
variation, and the reasons for such variation, in the Selected
Acquisition Report submitted to Congress under section 2432 of title
10, United States Code.
(g) Modifications of Baselines.--In the event the Director of the
Missile Defense Agency elects to undertake any modification of a
baseline established under subsection (d), the Director shall submit to
the congressional defense committees a report setting forth the reasons
for such modification.
Subtitle D--Other Matters
SEC. 241. ANNUAL REPORT ON SUBMARINE TECHNOLOGY INSERTION.
(a) Report Required.--(1) For each of fiscal years 2006, 2007,
2008, and 2009, the Secretary of Defense shall submit to the
congressional defense committees a report on the submarine technologies
that are available or potentially available for insertion in submarines
of the Navy to reduce the production and operating costs of the
submarines while maintaining or improving the effectiveness of the
submarines.
(2) The annual report for a fiscal year under paragraph (1) shall
be submitted at the same time that the President submits to Congress
the budget for that fiscal year under section 1105(a) of title 31,
United States Code.
(b) Content.--The report on submarine technologies under subsection
(a) shall include, for each class of submarines of the Navy, the
following matters:
(1) A list of the technologies that have been demonstrated,
together with--
(A) a plan for the insertion of any such
technologies that have been determined appropriate for
such submarines; and
(B) the estimated cost of such technology
insertions.
(2) A list of the technologies that have not been
demonstrated, together with a plan for the demonstration of any
such technologies that have the potential for being appropriate
for such submarines.
SEC. 242. SENSE OF THE SENATE REGARDING FUNDING OF THE ADVANCED
SHIPBUILDING ENTERPRISE UNDER THE NATIONAL SHIPBUILDING
RESEARCH PROGRAM OF THE NAVY.
(a) Findings.--Congress makes the following findings:
(1) The budget for fiscal year 2005, as submitted to
Congress by the President, provides $10,300,000 for the
Advanced Shipbuilding Enterprise under the National
Shipbuilding Research Program of the Navy.
(2) The Advanced Shipbuilding Enterprise is an innovative
program to encourage greater efficiency in the national
technology and industrial base.
(3) The leaders of the United States shipbuilding industry
have embraced the Advanced Shipbuilding Enterprise as a method
for exploring and collaborating on innovation in shipbuilding
and ship repair that collectively benefits all components of
the industry.
(b) Sense of the Senate.--It is the sense of the Senate--
(1) that the Senate--
(A) strongly supports the innovative Advanced
Shipbuilding Enterprise under the National Shipbuilding
Research Program as an enterprise between the Navy and
industry that has yielded new processes and techniques
that reduce the cost of building and repairing ships in
the United States; and
(B) is concerned that the future-years defense
program of the Department of Defense that was submitted
to Congress for fiscal year 2005 does not reflect any
funding for the Advanced Shipbuilding Enterprise after
fiscal year 2005; and
(2) that the Secretary of Defense should continue to
provide in the future-years defense program for funding the
Advanced Shipbuilding Enterprise at a sustaining level in order
to support additional research to further reduce the cost of
designing, building, and repairing ships.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2005
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $26,305,611,000.
(2) For the Navy, $29,702,790,000.
(3) For the Marine Corps, $3,682,727,000.
(4) For the Air Force, $27,423,560,000.
(5) For Defense-wide activities, $17,453,576,000.
(6) For the Army Reserve, $1,925,728,000.
(7) For the Naval Reserve, $1,240,038,000.
(8) For the Marine Corps Reserve, $197,496,000.
(9) For the Air Force Reserve, $2,154,790,000.
(10) For the Army National Guard, $4,227,236,000.
(11) For the Air National Guard, $4,366,738,000.
(12) For the United States Court of Appeals for the Armed
Forces, $10,825,000.
(13) For Environmental Restoration, Army, $405,598,000.
(14) For Environmental Restoration, Navy, $266,820,000.
(15) For Environmental Restoration, Air Force,
$397,368,000.
(16) For Environmental Restoration, Defense-wide,
$23,684,000.
(17) For Environmental Restoration, Formerly Used Defense
Sites, $256,516,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $59,000,000.
(19) For Cooperative Threat Reduction programs,
$409,200,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2005
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $1,625,686,000.
(2) For the National Defense Sealift Fund, $1,269,252,000.
SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) Defense Health Program.--Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2005 for
expenses, not otherwise provided for, for the Defense Health Program,
$17,992,211,000, of which--
(1) $17,555,169,000 is for Operation and Maintenance;
(2) $72,407,000 is for Research, Development, Test and
Evaluation; and
(3) $364,635,000 is for Procurement.
(b) Chemical Agents and Munitions Destruction, Defense.--(1) Funds
are hereby authorized to be appropriated for the Department of Defense
for fiscal year 2005 for expenses, not otherwise provided for, for
Chemical Agents and Munitions Destruction, Defense, $1,518,990,000, of
which--
(A) $1,138,801,000 is for Operation and Maintenance;
(B) $301,209,000 is for Research, Development, Test and
Evaluation; and
(C) $78,980,000 is for Procurement.
(2) Amounts authorized to be appropriated under paragraph (1) are
authorized for--
(A) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(B) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
(c) Drug Interdiction and Counter-Drug Activities, Defense-wide.--
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2005 for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-Wide,
$852,697,000.
(d) Defense Inspector General.--Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2005 for
expenses, not otherwise provided for, for the Office of the Inspector
General of the Department of Defense, $164,562,000, of which--
(1) $162,362,000 is for Operation and Maintenance;
(2) $100,000 is for Research, Development, Test, and
Evaluation; and
(3) $2,100,000 is for Procurement.
SEC. 304. AMOUNT FOR ONE SOURCE MILITARY COUNSELING AND REFERRAL
HOTLINE.
(a) Authorization of Appropriation of Additional Amount.--The
amount authorized to be appropriated under section 301(5) is hereby
increased by $5,000,000, which shall be available (in addition to other
amounts available under this Act for the same purpose) only for the
Department of Defense One Source counseling and referral hotline.
(b) Offset.--The amount authorized to be appropriated by section
421 is hereby reduced by $5,000,000, with the amount of the reduction
to be derived from excess amounts provided for military personnel of
the Air Force.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 311. COMMANDER'S EMERGENCY RESPONSE PROGRAM.
(a) Funding.--Of the amounts authorized to be appropriated for
fiscal year 2005 by section 301(5) for operation and maintenance for
Defense-wide activities, not more than $300,000,000 may be made
available in fiscal year 2005 for the following:
(1) The Commander's Emergency Response Program, which was
established by the Administrator of the Coalition Provisional
Authority for the purpose of enabling United States military
commanders in Iraq to respond to urgent humanitarian relief and
reconstruction needs within their areas of responsibility by
carrying out programs to provide immediate assistance to the
people of Iraq.
(2) A similar program to enable United States military
commanders in Afghanistan to respond in such manner to similar
needs in Afghanistan.
(b) Quarterly Reports Required.--The Secretary of Defense shall
submit to the congressional defense committees on a quarterly basis
reports on the use of amounts made available under subsection (a).
SEC. 312. LIMITATION ON TRANSFERS OUT OF WORKING CAPITAL FUNDS.
Section 2208 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(r) Limitation on Transfers.--(1) Notwithstanding any authority
for transfer of funds provided in this section, no transfer may be made
out of a working capital fund or between or among working capital funds
under such authority unless the Secretary of Defense has submitted a
notification of the proposed transfer to the congressional defense
committees in accordance with customary procedures.
``(2) The amount of a transfer covered by a notification under
paragraph (1) that is proposed to be made in a fiscal year does not
count for the purpose of any limitation on the total amount of
transfers that may be made for that fiscal year under authority
provided to the Secretary of Defense in a law authorizing
appropriations for a fiscal year for military activities of the
Department of Defense or a law making appropriations for the Department
of Defense.''.
SEC. 313. FAMILY READINESS PROGRAM OF THE NATIONAL GUARD.
(a) Amount for Program.--The amount authorized to be appropriated
by section 301(1) for operation and maintenance for the Army is hereby
increased by $10,000,000 for the Family Readiness Program of the
National Guard.
(b) Offset.--The amount authorized to be appropriated by section
421 is hereby reduced by $10,000,000, with the amount of the reduction
to be derived from excess amounts provided for military personnel of
the Air Force.
Subtitle C--Environmental Provisions
SEC. 321. PAYMENT OF CERTAIN PRIVATE CLEANUP COSTS IN CONNECTION WITH
DEFENSE ENVIRONMENTAL RESTORATION PROGRAM.
(a) Payment for Activities at Former Defense Property Subject to
Covenant for Additional Remedial Action.--Section 2701(d) of title 10,
United States Code, is amended--
(1) in paragraph (1), by striking ``paragraph (3)'' and
inserting ``paragraph (4)'';
(2) by redesignating paragraphs (2), (3), and (4), as
paragraphs (3), (4), and (5), respectively; and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Activities at certain former defense property.--In
addition to agreements under paragraph (1), the Secretary may
also enter into agreements with owners of property subject to a
covenant provided by the United States under section
120(h)(3)(A)(ii) of CERCLA (42 U.S.C. 9620(h)(3)(A)(ii)) to
reimburse the owners of such property for activities under this
section with respect to such property by reason of the
covenant.''.
(b) Source of Funds for Former BRAC Property Subject to Covenant
for Additional Remedial Action.--Section 2703 of such title is
amended--
(1) in subsection (g)(1), by striking ``The sole source''
and inserting ``Except as provided in subsection (h), the sole
source''; and
(2) by adding at the end the following new subsection:
``(h) Sole Source of Funds for Environmental Remediation at Certain
Base Realignment and Closure Sites.--In the case of property disposed
of pursuant to a base closure law and subject to a covenant described
in section 2701(d)(2) of this title, the sole source of funds for
activities under such section shall be the base closure account
established under the applicable base closure law.''.
SEC. 322. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN
COSTS IN CONNECTION WITH MOSES LAKE WELLFIELD SUPERFUND
SITE, MOSES LAKE, WASHINGTON.
(a) Authority To Reimburse.--(1) Using funds described in
subsection (b), the Secretary of Defense may transfer not more than
$524,926.54 to the Moses Lake Wellfield Superfund Site 10-6J Special
Account.
(2) The payment under paragraph (1) is to reimburse the
Environmental Protection Agency for its costs, including interest,
incurred in overseeing a remedial investigation/feasibility study
performed by the Department of the Army under the Defense Environmental
Restoration Program at the former Larson Air Force Base, Moses Lake
Superfund Site, Moses Lake, Washington.
(3) The reimbursement described in paragraph (2) is provided for in
the interagency agreement entered into by the Department of the Army
and the Environmental Protection Agency for the Moses Lake Wellfield
Superfund Site in March 1999.
(b) Source of Funds.--Any payment under subsection (a) shall be
made using funds authorized to be appropriated by section 301(17) for
operation and maintenance for Environmental Restoration, Formerly Used
Defense Sites.
(c) Use of Funds.--The Environmental Protection Agency shall use
the amount transferred under subsection (a) to pay costs incurred by
the Agency at the Moses Lake Wellfield Superfund Site.
SEC. 323. SATISFACTION OF CERTAIN AUDIT REQUIREMENTS BY THE INSPECTOR
GENERAL OF THE DEPARTMENT OF DEFENSE.
(a) Satisfaction of Requirements.--The Inspector General of the
Department of Defense shall be deemed to be in compliance with the
requirements of subsection (k) of section 111 of Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9611) if the Inspector General conducts periodic audits of the
payments, obligations, reimbursements and other uses of the Fund
described in that section, even if such audits do not occur on an
annual basis.
(b) Reports to Congress on Audits.--The Inspector General shall
submit to Congress a report on each audit conducted by the Inspector
General as described in subsection (a).
SEC. 324. COMPTROLLER GENERAL STUDY AND REPORT ON DRINKING WATER
CONTAMINATION AND RELATED HEALTH EFFECTS AT CAMP LEJEUNE,
NORTH CAROLINA.
(a) Study.--The Comptroller General of the United States shall
conduct a study on drinking water contamination and related health
effects at Camp Lejeune, North Carolina. The study shall consist of the
following:
(1) A study of the history of drinking water contamination
at Camp Lejeune to determine, to the extent practical--
(A) what contamination has been found in the
drinking water;
(B) the source of such contamination and when it
may have begun;
(C) when Marine Corps officials first became aware
of such contamination;
(D) what actions have been taken to address such
contamination;
(E) the appropriateness of such actions in light of
the state of knowledge regarding contamination of that
type, and applicable legal requirements regarding such
contamination, as of the time of such actions; and
(F) any other matters that the Comptroller General
considers appropriate.
(2) An assessment of the study on the possible health
effects associated with the drinking of contaminated drinking
water at Camp Lejeune as proposed by the Agency for Toxic
Substances and Disease Registry (ATSDR), including whether the
proposed study--
(A) will address the appropriate at-risk
populations;
(B) will encompass an appropriate timeframe;
(C) will consider all relevant health effects; and
(D) can be completed on an expedited basis without
compromising its quality.
(b) Authority To Use Experts.--The Comptroller General may use
experts in conducting the study required by subsection (a). Any such
experts shall be independent, highly qualified, and knowledgeable in
the matters covered by the study.
(c) Participation by Other Interested Parties.--In conducting the
study required by subsection (a), the Comptroller General shall ensure
that interested parties, including individuals who lived or worked at
Camp Lejeune during the period when the drinking water may have been
contaminated, have the opportunity to submit information and views on
the matters covered by the study.
(d) Construction With ATSDR Study.--The requirement under
subsection (a) that the Comptroller General conduct the study required
by paragraph (2) of that subsection may not be construed as a basis for
the delay of the study proposed by Agency for Toxic Substances and
Disease Registry as described in that subsection, but is intended to
provide an independent review of the appropriateness and credibility of
the study proposed by the Agency and to identify possible improvements
in the plan or implementation of the study proposed by the Agency.
(e) Report.--(1) Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
congressional defense committees a report on the study required by
subsection (a), including such recommendations as the Comptroller
General considers appropriate for further study or for legislative or
other action.
(2) Recommendations under paragraph (1) may include recommendations
for modifications or additions to the study proposed by the Agency for
Toxic Substances and Disease Registry, as described in subsection
(a)(2), in order to improve the study.
SEC. 325. INCREASE IN AUTHORIZED AMOUNT OF ENVIRONMENTAL REMEDIATION,
FRONT ROYAL, VIRGINIA.
Section 591(a)(2) of the Water Resources Development Act of 1999
(Public Law 106-53; 113 Stat. 378) is amended by striking
``$12,000,000'' and inserting ``$22,000,000''.
SEC. 326. COMPTROLLER GENERAL STUDY AND REPORT ON ALTERNATIVE
TECHNOLOGIES TO DECONTAMINATE GROUNDWATER AT DEPARTMENT
OF DEFENSE INSTALLATIONS.
(a) Comptroller General Study.--The Comptroller General of the
United States shall conduct a study to determine whether or not cost-
effective technologies are available to the Department of Defense for
the cleanup of groundwater contamination at Department installations in
lieu of traditional methods, such as pump and treat, that can be
expensive and take many years to complete.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) An identification of current technologies being used or
field tested by the Department to treat groundwater at
Department installations, including the contaminants being
addressed.
(2) An identification of cost-effective technologies
described in that subsection that are currently under research,
under development by commercial vendors, or available
commercially and being used outside the Department and that
have potential for use by the Department to address the
contaminants identified under paragraph (1).
(3) An evaluation of the potential benefits and limitations
of using the technologies identified under paragraphs (1) and
(2).
(4) A description of the barriers, such as cost,
capability, or legal restrictions, to using the technologies
identified under paragraph (2).
(5) Any other matters the Comptroller General considers
appropriate.
(c) Report.--By April 1, 2005, the Comptroller General shall submit
to Congress a report on the study under subsection (a). The report
shall include the results of the study and any recommendations,
including recommendations for administrative or legislative action,
that the Comptroller General considers appropriate.
SEC. 327. SENSE OF SENATE ON PERCHLORATE CONTAMINATION OF GROUND AND
SURFACE WATER.
(a) Findings.--The Senate makes the following findings:
(1) Because finite water sources in the United States are
stretched by regional drought conditions and increasing demand
for water supplies, there is increased need for safe and
dependable supplies of fresh water for drinking and use for
agricultural purposes.
(2) Perchlorate, a naturally occurring and manmade compound
with medical, commercial, and national defense applications,
which has been used primarily in military munitions and rocket
fuels, has been detected in fresh water sources intended for
use as drinking water and water necessary for the production of
agricultural commodities.
(3) If ingested in sufficient concentration and in adequate
duration, perchlorate may interfere with thyroid metabolism,
and this effect may impair the normal development of the brain
in fetuses and newborns.
(4) The Federal Government has not yet established a
drinking water standard for perchlorate.
(5) The National Academy of Sciences is conducting an
assessment of the state of the science regarding the effects on
human health of perchlorate ingestion that will aid in
understanding the effect of perchlorate exposure on sensitive
populations.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) perchlorate has been identified as a contaminant of
drinking water sources or in the environment in 34 States and
has been used or manufactured in 44 States;
(2) perchlorate exposure at or above a certain level may
adversely affect public health, particularly the health of
vulnerable and sensitive populations; and
(3) the Department of Defense should--
(A) work to develop a national plan to remediate
perchlorate contamination of the environment resulting
from Department's activities to ensure the Department
is prepared to respond quickly and appropriately once a
drinking water standard is established;
(B) in cases in which the Department is already
remediating perchlorate contamination, continue that
remediation;
(C) prior to the development of a drinking water
standard for perchlorate, develop a plan to remediate
perchlorate contamination in cases in which such
contamination from the Department's activities is
present in ground or surface water at levels that pose
a hazard to human health; and
(D) continue the process of evaluating and
prioritizing sites without waiting for the development
of a Federal standard.
SEC. 328. AMOUNT FOR RESEARCH AND DEVELOPMENT FOR IMPROVED PREVENTION
OF LEISHMANIASIS.
(a) Increase in Amount for Defense Health Program.--The amount
authorized to be appropriated by section 303(a)(2) for the Defense
Health Program for research, development, test, and evaluation is
hereby increased by $500,000, with the amount of the increase to be
available for purposes relating to Leishmaniasis Diagnostics
Laboratory.
(b) Increase in Amount for RDT&E, Army for Leishmaniasis Topical
Treatment.--The amount authorized to be appropriated by section 201(1)
for research, development, test, and evaluation, Army, as increased by
subsection (b), is hereby further increased by $4,500,000, with the
amount of the increase to be available in Program Element PE 0604807A
for purposes relating to Leishmaniasis Topical Treatment.
(c) Offset.--The amount authorized to be appropriated by section
421 is hereby reduced by $5,000,000, with the amount of the reduction
to be derived from excess amounts provided for military personnel of
the Air Force.
SEC. 329. REPORT REGARDING ENCROACHMENT ISSUES AFFECTING UTAH TEST AND
TRAINING RANGE, UTAH.
(a) Report Required.--(1) The Secretary of the Air Force shall
prepare a report that outlines current and anticipated encroachments on
the use and utility of the special use airspace of the Utah Test and
Training Range in the State of Utah, including encroachments brought
about through actions of other Federal agencies. The Secretary shall
include such recommendations as the Secretary considers appropriate
regarding any legislative initiatives necessary to address encroachment
problems identified by the Secretary in the report.
(2) It is the sense of the Senate that such recommendations should
be carefully considered for future legislative action.
(b) Submission of Report.--Not later than one year after the date
of the enactment of this Act, the Secretary shall submit the report to
the Committee on Armed Services of the House of Representatives and the
Committee on Armed Services of the Senate.
(c) Prohibition on Ground Military Operations.--Nothing in this
section shall be construed to permit a military operation to be
conducted on the ground in a covered wilderness study area in the Utah
Test and Training Range.
(d) Communications and Tracking Systems.--Nothing in this section
shall be construed to prevent any required maintenance of existing
communications, instrumentation, or electronic tracking systems (or the
infrastructure supporting such systems) necessary for effective testing
and training to meet military requirements in the Utah Test and
Training Range.
Subtitle D--Depot-Level Maintenance and Repair
SEC. 331. SIMPLIFICATION OF ANNUAL REPORTING REQUIREMENTS CONCERNING
FUNDS EXPENDED FOR DEPOT MAINTENANCE AND REPAIR
WORKLOADS.
(a) Consolidation and Revision of Departmental Reporting
Requirements.--Section 2466(d) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``February 1'' and inserting
``April 1''; and
(B) by striking ``the preceding two fiscal years''
and inserting ``the preceding fiscal year and are
projected to be expended in the fiscal year in which
submitted and ensuing fiscal years''; and
(2) by striking paragraph (2).
(b) Timing and Content of GAO Views.--Paragraph (3) of such
section--
(1) is redesignated as paragraph (2); and
(2) is amended--
(A) by striking ``60 days'' and inserting ``90
days''; and
(B) by striking ``whether--'' and all that follows
and inserting the following: ``whether the Department
of Defense has complied with the requirements of
subsection (a) for the fiscal year preceding the fiscal
year in which the report is submitted and whether the
expenditure projections for the other fiscal years
covered by the report are reasonable.''.
SEC. 332. REPEAL OF REQUIREMENT FOR ANNUAL REPORT ON MANAGEMENT OF
DEPOT EMPLOYEES.
(a) Repeal.--Section 2472 of title 10, United States Code, is
amended by striking subsection (b).
(b) Conforming Amendment.--Subsection (a) of such section is
amended by striking ``(a) Prohibition on Management by End Strength.--
''.
SEC. 333. EXTENSION OF SPECIAL TREATMENT FOR CERTAIN EXPENDITURES
INCURRED IN THE OPERATION OF CENTERS OF INDUSTRIAL AND
TECHNICAL EXCELLENCE.
Section 2474(f)(1) of title 10, United States Code, is amended by
striking ``through 2006'' and inserting ``through 2009''.
Subtitle E--Extensions of Program Authorities
SEC. 341. TWO-YEAR EXTENSION OF DEPARTMENT OF DEFENSE
TELECOMMUNICATIONS BENEFIT.
Section 344(c) of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1449) is amended by striking
``September 30, 2004'' and inserting ``September 30, 2006''.
SEC. 342. TWO-YEAR EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.
Section 343 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (10 U.S.C. 4551 note) is amended--
(1) in subsection (a), by striking ``2004'' and inserting
``2006''; and
(2) in subsection (g)--
(A) in paragraph (1), by striking ``2004'' and
inserting ``2006''; and
(B) in paragraph (2), by striking ``2003'' and
inserting ``2005''.
SEC. 343. REAUTHORIZATION OF WARRANTY CLAIMS RECOVERY PILOT PROGRAM.
Section 391(f) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 10 U.S.C. 2304 note) is amended by
striking ``September 30, 2004'' and inserting ``September 30, 2006''.
Subtitle F--Defense Dependents Education
SEC. 351. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) Continuation of Department of Defense Program for Fiscal Year
2005.--Of the amount authorized to be appropriated pursuant to section
301(5) for operation and maintenance for Defense-wide activities,
$30,000,000 shall be available only for the purpose of providing
educational agencies assistance to local educational agencies.
(b) Notification.--Not later than June 30, 2005, the Secretary of
Defense shall notify each local educational agency that is eligible for
educational agencies assistance for fiscal year 2005 of--
(1) that agency's eligibility for the assistance; and
(2) the amount of the assistance for which that agency is
eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall disburse
funds made available under subsection (a) not later than 30 days after
the date on which notification to the eligible local educational
agencies is provided pursuant to subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 20 U.S.C. 7703 note).
(2) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(3) The term ``basic support payment'' means a payment
authorized under section 8003(b)(1) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(b)(1)).
SEC. 352. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated pursuant to section
301(5) for operation and maintenance for Defense-wide activities,
$5,000,000 shall be available for payments under section 363 of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat. 1654A-77; 20
U.S.C. 7703a).
SEC. 353. SENSE OF THE SENATE REGARDING THE IMPACT OF THE PRIVATIZATION
OF MILITARY HOUSING ON LOCAL SCHOOLS.
(a) Findings.--The Senate finds the following:
(1) There are approximately 750,000 school-aged children of
members of the active duty Armed Forces in the United States.
(2) Approximately 650,000 of those students are currently
being served in public schools across the United States.
(3) The Department of Defense has embarked on military
housing privatization initiatives using authorities provided in
subchapter IV of chapter 169 of part IV of subtitle A of title
10, United States Code, which will result in the improvement or
replacement of 120,000 military family housing units in the
United States.
(4) The Secretary of each military department is authorized
to include the construction of new school facilities in
agreements carried out under subchapter IV of chapter 169 of
part IV of subtitle A of title 10, United States Code.
(b) Sense of the Senate.--It is the sense of the Senate that the
Department of Defense should support the construction of schools in
housing privatization agreements that severely impact student
populations.
Subtitle G--Other Matters
SEC. 361. CHARGES FOR DEFENSE LOGISTICS INFORMATION SERVICES MATERIALS.
(a) Authority.--Subchapter I of chapter 8 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 197. Defense Logistics Agency: fees charged for logistics
information
``(a) Authority.--The Secretary of Defense may charge fees for
providing information in the Federal Logistics Information System
through Defense Logistics Information Services to a department or
agency of the executive branch outside the Department of Defense, or to
a State, a political subdivision of a State, or any person.
``(b) Amount.--The fee or fees prescribed under subsection (a)
shall be such amount or amounts as the Secretary of Defense determines
appropriate for recovering the costs of providing information as
described in such subsection.
``(c) Retention of Fees.--Fees collected under this section shall
be credited to the appropriation available for Defense Logistics
Information Services for the fiscal year in which collected, shall be
merged with other sums in such appropriation, and shall be available
for the same purposes and period as the appropriation with which
merged.
``(d) Defense Logistics Information Services Defined.--In this
section, the term `Defense Logistics Information Services' means the
organization within the Defense Logistics Agency that is known as
Defense Logistics Information Services.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``197. Defense Logistics Agency: fees charged for logistics
information.''.
SEC. 362. TEMPORARY AUTHORITY FOR CONTRACTOR PERFORMANCE OF SECURITY-
GUARD FUNCTIONS.
(a) Conditional Extension of Authority.--Subsection (c) of section
332 of the Bob Stump National Defense Authorization Act for Fiscal Year
2003 (Public Law 107-314; 116 Stat. 2513) is amended--
(1) by inserting ``(1)'' after ``Authority.--''; and
(2) by striking ``at the end of the three-year period'' and
all that follows through the period at the end and inserting
``at the end of September 30, 2006, except that such authority
shall not be in effect under this section for any period after
December 1, 2004, during which the Secretary has failed to
comply with the requirement to submit the plan under subsection
(d)(2).
``(2) No security-guard functions may be performed under any
contract entered into using the authority provided under this section
during any period for which the authority for contractor performance of
security-guard functions under this section is not in effect.
``(3) The term of any contract entered into using the authority
provided under this section may not extend beyond the date of the
expiration of authority under paragraph (1).''.
(b) Reaffirmation and Revision of Reporting Requirement.--
Subsection (d) of such section is amended--
(1) by striking ``180 days after the date of the enactment
of this Act,'' and inserting ``December 1, 2004,'';
(2) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (4), respectively;
(3) by inserting after ``shall--'' the following new
paragraph:
``(1) identify each contract for the performance of
security-guard functions entered into pursuant to the authority
in subsection (a) on or before September 30, 2004, including
information regarding--
``(A) each installation at which such security-
guard functions are performed or are to be performed;
``(B) the period and amount of such contract;
``(C) the number of security guards employed or to
be employed under such contract; and
``(D) the actions taken or to be taken within the
Department of Defense to ensure that the conditions
applicable under paragraph (1) of subsection (a) or
determined under paragraph (2) of such subsection are
satisfied;'';
(4) by striking ``and'' at the end of paragraph (2), as
redesignated by paragraph (2); and
(5) by inserting after paragraph (2), as so redesignated,
the following new paragraph:
``(3) identify any limitation or constraint on the end
strength of the civilian workforce of the Department of Defense
that makes it difficult to meet requirements identified under
paragraph (2) by hiring personnel as civilian employees of the
Department of Defense; and''.
SEC. 363. PILOT PROGRAM FOR PURCHASE OF CERTAIN MUNICIPAL SERVICES FOR
DEPARTMENT OF DEFENSE INSTALLATIONS.
(a) Authority.--The Secretary of Defense may carry out a pilot
program to provide for the purchase of certain services needed for a
Department of Defense installation from a county or municipality where
the installation is located.
(b) Purpose of Program.--The purpose of the pilot program is to
provide the Secretary with a basis for evaluating the efficacy of
purchasing public works, utility, and other services needed for
Department of Defense installations from counties or municipalities
where the installations are located.
(c) Services Authorized for Procurement.--Only the following
services may be purchased for a participating installation under the
pilot program:
(1) Refuse collection.
(2) Refuse disposal.
(3) Library services.
(4) Recreation services.
(5) Facility maintenance and repair.
(6) Utilities.
(d) Program Installations.--The Secretary of each military
department may designate under this section not more than two
installations of such military department for participation in the
pilot program. Only installations located in the United States are
eligible for designation under this subsection.
(e) Report.--Not later than February 1, 2010, the Secretary of
Defense shall submit to Congress a report on any pilot program carried
out under this section. The report shall include--
(1) the Secretary's evaluation of the efficacy of
purchasing public works, utility, and other services for
Department of Defense installations from counties or
municipalities where the installations are located; and
(2) any recommendations that the Secretary considers
appropriate regarding authority to make such purchases.
(f) Period of Pilot Program.--The pilot program may be carried out
during fiscal years 2005 through 2010.
SEC. 364. CONSOLIDATION AND IMPROVEMENT OF AUTHORITIES FOR ARMY
WORKING-CAPITAL FUNDED FACILITIES TO ENGAGE IN PUBLIC-
PRIVATE PARTNERSHIPS.
(a) Public-Private Partnerships Authorized.--Chapter 433 of title
10, United States Code, is amended by adding at the end the following
new section:
``Sec. 4544. Army industrial facilities: public-private partnerships
``(a) Public-Private Partnerships Authorized.--A working-capital
funded Army industrial facility may enter into cooperative arrangements
with non-Army entities to carry out military or commercial projects
with the non-Army entities. A cooperative arrangement under this
section shall be known as a `public-private partnership'.
``(b) Authorized Partnership Activities.--A public-private
partnership entered into by an Army industrial facility may provide for
any of the following activities:
``(1) The sale of articles manufactured by the facility or
services performed by the facility to persons outside the
Department of Defense.
``(2) The performance of--
``(A) work by a non-Army entity at the facility; or
``(B) work for a non-Army entity by the facility.
``(3) The sharing of work by the facility and one or more
non-Army entities.
``(4) The leasing, or use under a facilities use contract
or otherwise, of the facility (including excess capacity) or
equipment (including excess equipment) of the facility by a
non-Army entity.
``(5) The preparation and submission of joint offers by the
facility and one or more non-Army entities for competitive
procurements entered into with a department or agency of the
United States.
``(c) Conditions for Public-Private Partnerships.--An activity
described in subsection (b) may be carried out as a public-private
partnership at an Army industrial facility only under the following
conditions:
``(1) In the case of an article to be manufactured or
services to be performed by the facility, the articles can be
substantially manufactured, or the services can be
substantially performed, by the facility without subcontracting
for more than incidental performance.
``(2) The activity does not interfere with performance of--
``(A) work by the facility for the Department of
Defense; or
``(B) a military mission of the facility.
``(3) The activity meets one of the following objectives:
``(A) Maximize utilization of the capacity of the
facility.
``(B) Reduction or elimination of the cost of
ownership of the facility.
``(C) Reduction in the cost of manufacturing or
maintaining Department of Defense products at the
facility.
``(D) Preservation of skills or equipment related
to a core competency of the facility.
``(4) The non-Army entity partner or purchaser agrees to
hold harmless and indemnify the United States from any
liability or claim for damages or injury to any person or
property arising out of the activity, including any damages or
injury arising out of a decision by the Secretary of the Army
or the Secretary of Defense to suspend or terminate an
activity, or any portion thereof, during a war or national
emergency or to require the facility to perform other work or
provide other services on a priority basis, except--
``(A) in any case of willful misconduct or gross
negligence; and
``(B) in the case of a claim by a purchaser of
articles or services under this section that damages or
injury arose from the failure of the Government to
comply with quality, schedule, or cost performance
requirements in the contract to carry out the activity.
``(d) Methods of Public-Private Partnerships.--To conduct an
activity of a public-private partnership under this section, the
approval authority described in subsection (f) for an Army industrial
facility may, in the exercise of good business judgment--
``(1) enter into a firm, fixed-price contract (or, if
agreed to by the purchaser, a cost reimbursement contract) for
a sale of articles or services or use of equipment or
facilities;
``(2) enter into a multiyear partnership contract for a
period not to exceed five years, unless a longer period is
specifically authorized by law;
``(3) charge a partner the amounts necessary to recover the
full costs of the articles or services provided, including
capital improvement costs, and equipment depreciation costs
associated with providing the articles, services, equipment, or
facilities;
``(4) authorize a partner to use incremental funding to pay
for the articles, services, or use of equipment or facilities;
and
``(5) accept payment-in-kind.
``(e) Deposit of Proceeds.--(1) The proceeds of sales of articles
and services received in connection with the use of an Army industrial
facility under this section shall be credited to the appropriation or
working-capital fund that incurs the variable costs of manufacturing
the articles or performing the services. Notwithstanding section
3302(b) of title 31, the amount so credited with respect to an Army
industrial facility shall be available, without further appropriation,
as follows:
``(A) Amounts equal to the amounts of the variable costs so
incurred shall be available for the same purposes as the
appropriation or working-capital fund to which credited.
``(B) Amounts in excess of the amounts of the variable
costs so incurred shall be available for operations,
maintenance, and environmental restoration at that Army
industrial facility.
``(2) Amounts credited to a working-capital fund under paragraph
(1) shall remain available until expended. Amounts credited to an
appropriation under paragraph (1) shall remain available for the same
period as the appropriation to which credited.
``(f) Approval of Sales.--The authority of an Army industrial
facility to conduct a public-private partnership under this section
shall be exercised at the level of the commander of the major
subordinate command of the Army that has responsibility for the
facility. The commander may approve such partnership on a case basis or
a class basis.
``(g) Commercial Sales.--Except in the case of work performed for
the Department of Defense, for a contract of the Department of Defense,
for foreign military sales, or for authorized foreign direct commercial
sales (defense articles or defense services sold to a foreign
government or international organization under export controls), a sale
of articles or services may be made under this section only if the
approval authority described in subsection (f) determines that the
articles or services are not available from a commercial source located
in the United States in the required quantity or quality, or within the
time required.
``(h) Exclusion From Depot-Level Maintenance and Repair Percentage
Limitation.--Amounts expended for depot-level maintenance and repair
workload by non-Federal personnel at an Army industrial facility shall
not be counted for purposes of applying the percentage limitation in
section 2466(a) of this title if the personnel are provided by a non-
Army entity pursuant to a public-private partnership established under
this section.
``(i) Relationship to Other Laws.--Nothing in this section shall be
construed to affect the application of--
``(1) foreign military sales and the export controls
provided for in sections 30 and 38 of the Arms Export Control
Act (22 U.S.C. 2770 and 2778) to activities of a public-private
partnership under this section; and
``(2) section 2667 of this title to leases of non-excess
property in the administration of a public-private partnership
under this section.
``(j) Definitions.--In this section:
``(1) The term `Army industrial facility' includes an
ammunition plant, an arsenal, a depot, and a manufacturing
plant.
``(2) The term `non-Army entity' includes the following:
``(A) An executive agency.
``(B) An entity in industry or commercial sales.
``(C) A State or political subdivision of a State.
``(D) An institution of higher education or
vocational training institution.
``(3) The term `incremental funding' means a series of
partial payments that--
``(A) are made as the work on manufacture or
articles is being performed or services are being
performed or equipment or facilities are used, as the
case may be; and
``(B) result in full payment being completed as the
required work is being completed.
``(4) The term `full costs', with respect to articles or
services provided under this section, means the variable costs
and the fixed costs that are directly related to the production
of the articles or the provision of the services.
``(5) The term `variable costs' means the costs that are
expected to fluctuate directly with the volume of sales or
services provided or the use of equipment or facilities.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``4544. Army industrial facilities: public-private partnerships.''.
SEC. 365. PROGRAM TO COMMEMORATE 60TH ANNIVERSARY OF WORLD WAR II.
(a) In General.--For fiscal year 2005, the Secretary of Defense may
conduct a program--
(1) to commemorate the 60th anniversary of World War II;
and
(2) to coordinate, support, and facilitate other such
commemoration programs and activities of the Federal
Government, State and local governments, and other persons.
(b) Program Activities.--The program referred to in subsection (a)
may include activities and ceremonies--
(1) to provide the people of the United States with a clear
understanding and appreciation of the lessons and history of
World War II;
(2) to thank and honor veterans of World War II and their
families;
(3) to pay tribute to the sacrifices and contributions made
on the home front by the people of the United States;
(4) to foster an awareness in the people of the United
States that World War II was the central event of the 20th
century that defined the postwar world;
(5) to highlight advances in technology, science, and
medicine related to military research conducted during World
War II;
(6) to inform wartime and postwar generations of the
contributions of the Armed Forces of the United States to the
United States;
(7) to recognize the contributions and sacrifices made by
World War II allies of the United States; and
(8) to highlight the role of the Armed Forces of the United
States, then and now, in maintaining world peace through
strength.
(c) Establishment of Account.--(1) There is established in the
Treasury of the United States an account to be known as the
``Department of Defense 60th Anniversary of World War II Commemoration
Account'' which shall be administered by the Secretary as a single
account.
(2) There shall be deposited in the account, from amounts
appropriated to the Department of Defense for operation and maintenance
of Defense Agencies, such amounts as the Secretary considers
appropriate to conduct the program referred to in subsection (a).
(3) The Secretary may use the funds in the account established in
paragraph (1) only for the purpose of conducting the program referred
to in subsection (a).
(4) Not later than 60 days after the termination of the authority
of the Secretary to conduct the program referred to in subsection (a),
the Secretary shall transmit to the Committees on Armed Services of the
Senate and House of Representatives a report containing an accounting
of all the funds deposited into and expended from the account or
otherwise expended under this section, and of any amount remaining in
the account. Unobligated funds which remain in the account after
termination of the authority of the Secretary under this section shall
be held in the account until transferred by law after the Committees
receive the report.
(d) Acceptance of Voluntary Services.--(1) Notwithstanding section
1342 of title 31, United States Code, the Secretary may accept from any
person voluntary services to be provided in furtherance of the program
referred to in subsection (a).
(2) A person providing voluntary services under this subsection
shall be considered to be an employee for the purposes of chapter 81 of
title 5, United States Code, relating to compensation for work-related
injuries. Such a person who is not otherwise employed by the Federal
Government shall not be considered to be a Federal employee for any
other purposes by reason of the provision of such service.
(3) The Secretary may reimburse a person providing voluntary
services under this subsection for incidental expenses incurred by such
person in providing such services. The Secretary shall determine which
expenses are eligible for reimbursement under this paragraph.
SEC. 366. MEDIA COVERAGE OF THE RETURN TO THE UNITED STATES OF THE
REMAINS OF DECEASED MEMBERS OF THE ARMED FORCES FROM
OVERSEAS.
(a) Findings.--Congress makes the following findings:
(1) The Department of Defense, since 1991, has relied on a
policy of no media coverage of the transfers of the remains of
members Ramstein Air Force Base, Germany, nor at Dover Air
Force Base, Delaware, and the Port Mortuary Facility at Dover
Air Force Base, nor at interim stops en route to the point of
final destination in the transfer of the remains.
(2) The principal focus and purpose of the policy is to
protect the wishes and the privacy of families of deceased
members of the Armed Forces during their time of great loss and
grief and to give families and friends of the dead the
privilege to decide whether to allow media coverage at the
member's duty or home station, at the interment site, or at or
in connection with funeral and memorial services.
(3) In a 1991 legal challenge to the Department of Defense
policy, as applied during Operation Desert Storm, the policy
was upheld by the United States District Court for the District
of Columbia, and on appeal, by the United States Court of
Appeals for the District of Columbia in the case of JB
Pictures, Inc. v. Department of Defense and Donald B. Rice,
Secretary of the Air Force on the basis that denying the media
the right to view the return of remains at Dover Air Force Base
does not violate the first amendment guarantees of freedom of
speech and of the press.
(4) The United States Court of Appeals for the District of
Columbia in that case cited the following two key Government
interests that are served by the Department of Defense policy:
(A) Reducing the hardship on the families and
friends of the war dead, who may feel obligated to
travel great distances to attend arrival ceremonies at
Dover Air Force Base if such ceremonies were held.
(B) Protecting the privacy of families and friends
of the dead, who may not want media coverage of the
unloading of caskets at Dover Air Force Base.
(5) The Court also noted, in that case, that the bereaved
may be upset at the public display of the caskets of their
loved ones and that the policy gives the family the right to
grant or deny access to the media at memorial or funeral
services at the home base and that the policy is consistent in
its concern for families.
(b) Sense of Congress.--It is the sense of Congress that the
Department of Defense policy regarding no media coverage of the
transfer of the remains of deceased members of the Armed Forces
appropriately protects the privacy of the members' families and friends
of and is consistent with United States constitutional guarantees of
freedom of speech and freedom of the press.
SEC. 367. TRACKING AND CARE OF MEMBERS OF THE ARMED FORCES WHO ARE
INJURED IN COMBAT.
(a) Findings.--The Senate makes the following findings:
(1) Members of the Armed Forces of the United States place
themselves in harm's way in the defense of democratic values
and to keep the United States safe.
(2) This call to duty has resulted in the ultimate
sacrifice of members of the Armed Forces of the United States
who are killed or critically injured while serving the United
States.
(b) Sense of Senate.--It is the sense of the Senate--
(1) to honor the sacrifice of the members of the Armed
Forces who have been killed or critically wounded while serving
the United States;
(2) to recognize the heroic efforts of the medical
personnel of the Armed Forces in treating wounded military
personnel and civilians; and
(3) to support advanced medical technologies that assist
the medical personnel of the Armed Forces in saving lives and
reducing disability rates for members of the Armed Forces.
(c) Policy on Tracking of Wounded From Combat Zones.--(1) Not later
than 120 days after the date of the enactment of this Act, the
Secretary of Defense shall--
(A) prescribe the policy of the Department of Defense for
providing timely notification to the next of kin of the status,
including health and location, of members of the Armed Forces
who are seriously ill or injured in a combat zone; and
(B) transmit to the Committees on Armed Services of the
Senate and House of Representatives a copy of the policy
prescribed under subparagraph (A).
(2) The policy prescribed under paragraph (1) shall ensure respect
for the expressed desires of individual members of the Armed Forces
regarding notification of next of kin under the policy, and shall also
include standards of timeliness for the initial and continuing
notification of next of kin under the policy.
(d) Funding for Medical Equipment and Combat Casualty
Technologies.--(1) The amount authorized to be appropriated by section
201(4) for research, development, test, and evaluation, Defense-wide
activities, is hereby increased by $10,000,000, with the amount of the
increase to be allocated to Program Element PE 0603826D8Z.
(2) Of the amount authorized to be appropriated by section 201(4)
for research, development, test, and evaluation, Defense-wide
activities, and allocated to Program Element PE 0603826D8Z, as provided
by paragraph (1), $10,000,000 may be available for medical equipment
and combat casualty care technologies.
(e) Offset.--The amount authorized to be appropriated by section
421 is hereby reduced by $10,000,000, with the amount of the reduction
to be derived from excess amounts provided for military personnel of
the Air Force.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2005, as follows:
(1) The Army, 502,400, subject to the condition that costs
of active duty personnel of the Army in excess of 482,400 shall
be paid out of funds authorized to be appropriated for fiscal
year 2005 for a contingent emergency reserve fund or as an
emergency supplemental appropriation.
(2) The Navy, 365,900.
(3) The Marine Corps, 175,000.
(4) The Air Force, 359,700.
SEC. 402. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVE DUTY
PERSONNEL END STRENGTHS FOR FISCAL YEARS 2005 THROUGH
2009.
(a) Authority.--During fiscal years 2005 through 2009, the
Secretary of Defense is authorized to increase by up to 30,000 the end
strength authorized for the Army for such fiscal year under section
115(a)(1)(A) of title 10, United States Code, as necessary to support
the operational mission of the Army in Iraq and Afghanistan and to
achieve transformational reorganization objectives of the Army,
including objectives for increased numbers of combat brigades, unit
manning, force stabilization and shaping, and rebalancing of the active
and reserve component forces of the Army.
(b) Relationship to Presidential Waiver Authority.--Nothing in this
section shall be construed to limit the President's authority under
section 123a of title 10, United States Code, to waive any statutory
end strength in a time of war or national emergency.
(c) Relationship to Other Variance Authority.--The authority under
subsection (a) is in addition to the authority to vary authorized end
strengths that is provided in subsections (e) and (f) of section 115 of
title 10, United States Code.
(d) Budget Treatment.--If the Secretary of Defense plans to
increase the Army active duty end strength for a fiscal year under
subsection (a) of this section or pursuant to a suspension of end-
strength limitation under section 123a of title 10, United States Code,
then the budget for the Department of Defense for such fiscal year as
submitted to Congress shall specify the amounts necessary for funding
the active duty end strength of the Army in excess of 482,400 (the end
strength authorized for active duty personnel of the Army for fiscal
year 2004 in section 401(1) of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1450)).
SEC. 403. EXCLUSION OF SERVICE ACADEMY PERMANENT AND CAREER PROFESSORS
FROM A LIMITATION ON CERTAIN OFFICER GRADE STRENGTHS.
Section 523(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(8) Up to 50 permanent professors of each of the United
States Military Academy and the United States Air Force
Academy, and up to 50 professors of the United States Naval
Academy who are career military professors (as defined in
regulations prescribed by the Secretary of the Navy).''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2005, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 83,400.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,800.
(6) The Air Force Reserve, 76,100.
(7) The Coast Guard Reserve, 10,000.
(b) Adjustments.--The end strengths prescribed by subsection (a)
for the Selected Reserve of any reserve component shall be
proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2005, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 26,602.
(2) The Army Reserve, 14,970.
(3) The Naval Reserve, 14,152.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 12,253.
(6) The Air Force Reserve, 1,900.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2005 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army Reserve, 7,299.
(2) For the Army National Guard of the United States,
25,076.
(3) For the Air Force Reserve, 9,954.
(4) For the Air National Guard of the United States,
22,956.
SEC. 414. FISCAL YEAR 2005 LIMITATIONS ON NON-DUAL STATUS TECHNICIANS.
(a) Limitations.--(1) Within the limitation provided in section
10217(c)(2) of title 10, United States Code, the number of non-dual
status technicians employed by the National Guard as of September 30,
2005, may not exceed the following:
(A) For the Army National Guard of the United States,
1,600.
(B) For the Air National Guard of the United States, 350.
(2) The number of non-dual status technicians employed by the Army
Reserve as of September 30, 2005, may not exceed 795.
(3) The number of non-dual status technicians employed by the Air
Force Reserve as of September 30, 2005, may not exceed 90.
(b) Non-Dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given the term in
section 10217(a) of title 10, United States Code.
SEC. 415. AUTHORIZED STRENGTHS FOR MARINE CORPS RESERVE OFFICERS IN
ACTIVE STATUS IN GRADES BELOW GENERAL OFFICER.
(a) Increased Strengths for Field Grade and Company Grade
Officers.--Section 12005(c)(1), of title 10, United States Code, is
amended by amending the table to read as follows:
``Colonel............................................ 2 percent
``Lieutenant colonel................................. 8 percent
``Major.............................................. 16 percent
``Captain............................................ 39 percent
``First lieutenant and second lieutenant (when 35 percent.''.
combined with the number authorized for general
officer grades under section 12004 of this title).
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2004.
Subtitle C--Authorizations of Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 2005 a total of
$104,535,458,000. The authorization in the preceding sentence
supersedes any other authorization of appropriations (definite or
indefinite) for such purpose for fiscal year 2005.
SEC. 422. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2005
from the Armed Forces Retirement Home Trust Fund the sum of $61,195,000
for the operation of the Armed Forces Retirement Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Joint Officer Personnel Management
SEC. 501. MODIFICATION OF CONDITIONS OF ELIGIBILITY FOR WAIVER OF JOINT
DUTY CREDIT REQUIREMENT FOR PROMOTION TO GENERAL OR FLAG
OFFICER.
(a) Career Field Specialties With No Joint Requirements.--Paragraph
(2) of section 619a(b) of title 10, United States Code, is amended by
striking ``scientific and technical qualifications'' and inserting
``career field specialty qualifications''.
(b) Officers Selected for Promotion While in Joint Duty
Assignment.--Paragraph (4) of such section is amended by striking
``if--'' and all that follows and inserting ``if the officer's total
consecutive service in joint duty assignments meets the requirements of
section 664 of this title for credit for having completed a full tour
of duty in a joint duty assignment.''.
SEC. 502. MANAGEMENT OF JOINT SPECIALTY OFFICERS.
(a) Education and Experience Requirements.--(1) Subsection (c) of
section 661 of title 10, United States Code, is amended by striking
paragraph (1) and inserting the following: ``(1) An officer shall have
the joint specialty (and shall be designated with a joint specialty
officer identifier) upon--
``(A) successfully completing (in any sequence)--
``(i) a program accredited by Chairman of the Joint
Chiefs of Staff that is presented by a joint
professional military education institution; and
``(ii) a full tour of duty in a joint duty
assignment; or
``(B) completing two full tours of duty in joint duty
assignments.''.
(2) Subsection (c) of such section is further amended--
(A) by striking paragraphs (2) and (3); and
(B) by redesignating paragraph (4) as paragraph (2).
(b) Designation of Joint Specialty General and Flag Officer
Positions.--Section 661 of such title is further amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Joint Specialty Officer Designation for General and Flag
Positions.--(1) The Secretary of Defense shall ensure that the general
and flag officer positions required to be filled by officers with the
joint specialty as joint duty assignments are designated as such.
``(2) An officer without the joint specialty may be assigned to a
position designated under paragraph (1) only if the Secretary of
Defense determines that the assignment of that officer to such position
is necessary and waives the requirement to assign an officer with the
joint specialty to that position.''.
SEC. 503. REVISED PROMOTION POLICY OBJECTIVES FOR JOINT OFFICERS.
(a) Qualifications.--Subsection (a) of section 662 of title 10,
United States Code, is amended to read as follows:
``(a) Qualifications.--(1) The Secretary of a military department
shall prescribe for the officers in each of the armed forces under the
jurisdiction of such Secretary policies and procedures to ensure that
an adequate number of senior colonels, or in the case of the Navy,
senior captains, who are serving in or have served in joint duty
assignments meet the requirements of section 619a of this title for
eligibility for promotion to brigadier general and rear admiral (lower
half).
``(2) The Secretary of Defense shall ensure that the qualifications
of officers assigned to joint duty assignments are such that--
``(A) officers who are serving on or have served on the
Joint Staff are expected, as a group, to be promoted to the
next higher grade at a rate not less than the rate for officers
of the same armed force in the same grade and competitive
category who are serving on the headquarters staff of their
armed force; and
``(B) officers who are serving in or have served in joint
duty assignments are expected, as a group, to be promoted to
the next higher grade at a rate not less than the rate for all
officers of the same armed force in the same grade and
competitive category.
``(3) The Secretary of Defense shall prescribe policies to ensure
that the Secretaries of the military departments provide for promotion
selection boards to give appropriate consideration to officers who are
serving in or have served in joint duty assignments and are eligible
for consideration by such boards.''.
(b) Conforming Amendment.--Subsection (b) of such section is
amended by striking ``paragraphs (1), (2), and (3) of subsection (a)''
and inserting ``subparagraphs (A) and (B) of subsection (a)(2)''.
SEC. 504. LENGTH OF JOINT DUTY ASSIGNMENTS.
Section 664 of title 10, United States Code, is amended by striking
subsection (b) and all that follows and inserting the following new
subsections:
``(b) Full Credit for Joint Duty.--An officer shall be credited
with having completed a full tour of duty in a joint duty assignment
upon the completion of any of the following:
``(1) Service in a joint duty assignment that meets the
standards of subsection (a).
``(2) Service in a joint duty assignment for a period that
equals or exceeds the standard length of the joint duty
assignments that is prescribed under subsection (c) for the
installation or other location of the officer's joint duty
assignment.
``(3) Cumulative service of at least one year on one or
more headquarters staffs within a United States or
multinational joint task force.
``(4) Service in a second joint duty assignment for not
less than 24 months, without regard to how much of the
officer's service in the first joint duty assignment has been
credited as service in a joint duty assignment.
``(5) Any service in a joint duty assignment if the
Secretary of Defense has granted a waiver for such officer
under subsection (d).
``(c) Standard Length of Joint Duty Assignments.--The Secretary of
Defense shall prescribe in regulations, for each installation and other
location authorized joint duty assignment positions, the standard
length of the joint duty assignments in such positions at that
installation or other location, as the case may be.
``(d) Waiver Authority.--The Secretary of Defense may waive the
applicability of this section in the case of any particular officer if
the Secretary determines that it is in the national security interests
of the United States to do so.''.
SEC. 505. REPEAL OF MINIMUM PERIOD REQUIREMENT FOR PHASE II JOINT
PROFESSIONAL MILITARY EDUCATION.
Section 663 of title 10, United States Code, is amended by striking
subsection (e).
SEC. 506. REVISED DEFINITIONS APPLICABLE TO JOINT DUTY.
(a) Joint Duty Assignment.--Subsection (b)(2) of section 668 of
title 10, United States Code, is amended by striking ``a list'' in the
matter preceding subparagraph (A) and inserting ``a joint duty
assignment list''.
(b) Tour of Duty.--Subsection (c) of such section is amended to
read as follows:
``(c) Tour of Duty.--In this chapter, the term `tour of duty'
includes two or more consecutive tours of duty in joint duty assignment
positions that is credited as service in a joint duty assignment under
this chapter.''.
Subtitle B--Other Officer Personnel Policy
SEC. 511. TRANSITION OF ACTIVE-DUTY LIST OFFICER FORCE TO A FORCE OF
ALL REGULAR OFFICERS.
(a) Original Appointments as Commissioned Officers.--(1) Section
532 of title 10, United States Code, is amended by striking subsection
(e).
(2) Subsection (a)(2) of such section is amended by striking
``fifty-fifth birthday'' and inserting ``sixty-second birthday''.
(3)(A) Such section 532, as amended by paragraph (1), is further
amended by adding at the end the following new subsection (e):
``(e) For an original appointment in a grade below major or, in the
case of the Navy, a grade below lieutenant commander under subsection
(a), the Secretary of Defense may waive the applicability of the
requirement of subsection (a)(1) to an alien lawfully admitted to
permanent residence in the United States when the Secretary determines
that it is the national security interests of the United States to do
so.''.
(B) Section 619(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(5) An officer in the grade of captain or, in the case of
the Navy, lieutenant who is not a citizen of the United
States.''.
(4) Section 531(a) of such title is amended to read as follows:
``(a)(1) Original appointments in the grades of second lieutenant
through captain in the Regular Army, Regular Air Force, and Regular
Marine Corps and in the grades of ensign through lieutenant in the
Regular Navy shall be made by the President. The President may delegate
to the Secretary of Defense authority to make such appointments.
``(2) Original appointments in the grades of major, lieutenant
colonel, and colonel in the Regular Army, Regular Air Force, and
Regular Marine Corps and in the grades of lieutenant commander,
commander, and captain in the Regular Navy shall be made by the
President, by and with the advice and consent of the Senate.''.
(b) Repeal of Total Strength Limitation for Active Duty Regular
Commissioned Officers.--(1) Section 522 of title 10, United States
Code, is repealed.
(2) The table of sections at the beginning of chapter 32 of such
title is amended by striking the item relating to section 522.
(c) Force Shaping Authority.--(1)(A) Subchapter V of chapter 36 of
such title is amended by adding at the end the following new section:
``Sec. 647. Force shaping authority
``(a) Authority.--The Secretary concerned may, solely for the
purpose of restructuring an armed force under the jurisdiction of that
Secretary--
``(1) discharge an officer described in subsection (b); or
``(2) transfer such an officer from the active-duty list of
that armed force to the reserve active-status list of a reserve
component of that armed force.
``(b) Covered Officers.--(1) The authority under this section may
be exercised in the case of an officer who--
``(A) has completed not more than 5 years of service as a
commissioned officer in the armed forces; or
``(B) has completed more than 5 years of service as a
commissioned officer in the armed forces, but has not completed
a minimum service obligation applicable to that member.
``(2) In this subsection, the term `minimum service obligation'
means the initial period of required active duty service together with
any additional period of required active duty service incurred during
the initial period of required active duty service.
``(c) Appointment of Transferred Officers.--An officer of the
Regular Army, Regular Air Force, Regular Navy, or Regular Marine Corps
who is transferred to a reserve active-status list under this section
shall be discharged from the regular component concerned and appointed
as a reserve commissioned officer under section 12203 of this title.
``(d) Regulations.--The Secretary concerned shall prescribe
regulations for the exercise of the Secretary's authority under this
section.''.
(B) The table of sections at the beginning of such subchapter is
amended by adding at the end the following new item:
``647. Force shaping authority.''.
(2) Section 1174(e)(2)(B) of such title is amended by inserting
after ``obligated service'' the following: ``, unless the member is an
officer discharged or released under the authority of section 647 of
this title''.
(3) Section 12201(a) of such title is amended--
(A) by inserting ``(1)'' after ``(a)'';
(B) in the first sentence, by inserting ``, except as
provided in paragraph (2),'' after ``the armed force concerned
and''; and
(C) by adding at the end the following new paragraph:
``(2) An officer transferred from the active-duty list of an armed
force to a reserve active-status list of an armed force under section
647 of this title is not required to subscribe to the oath referred to
in paragraph (1) in order to qualify for an appointment under that
paragraph.''.
(4) Section 12203 of such title is amended--
(A) by redesignating subsection (b) as subsection (c); and
(B) by inserting after subsection (a) the following new
subsection (b):
``(b) Subject to the authority, direction, and control of the
President, the Secretary concerned may appoint as a reserve
commissioned officer any regular officer transferred from the active-
duty list of an armed force to the reserve active-status list of a
reserve component under section 647 of this title, notwithstanding the
requirements of subsection (a).''.
(5) Section 531 of such title is amended by adding at the end the
following new subsection:
``(c) Subject to the authority, direction, and control of the
President, an original appointment as a commissioned officer in the
Regular Army, Regular Air Force, Regular Navy, or Regular Marine Corps
may be made by the Secretary concerned in the case of a reserve
commissioned officer upon the transfer of such officer from the reserve
active-status list of a reserve component of the armed forces to the
active-duty list of an armed force, notwithstanding the requirements of
subsection (a).''.
(d) Active-Duty Ready Reserve Officers Not on Active-Duty List.--
Section 641(1)(F) of such title is amended by striking ``section
12304'' and inserting ``sections 12302 and 12304''.
(e) All Regular Officer Appointments for Students Attending the
University of Health Sciences.--Section 2114(b) of such title is
amended by striking ``Notwithstanding any other provision of law, they
shall serve'' and all that follows through ``if qualified,'' and
inserting ``Notwithstanding any other provision of law, they shall be
appointed as regular officers in the grade of O-1 and shall serve on
active duty in that grade. Upon graduation they shall be required to
serve on active duty''.
(f) Effective Date.--This section and the amendments made by this
section shall take effect 180 days after the date of the enactment of
this Act.
SEC. 512. ELIGIBILITY OF NAVY STAFF CORPS OFFICERS TO SERVE AS DEPUTY
CHIEFS OF NAVAL OPERATIONS AND ASSISTANT CHIEFS OF NAVAL
OPERATIONS.
(a) Deputy Chiefs of Naval Operations.--Section 5036(a) of title
10, United States Code, is amended by striking ``in the line''.
(b) Assistant Chiefs of Naval Operations.--Section 5037(a) of such
title is amended by striking ``in the line''.
SEC. 513. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE JOINT DUTY
EXPERIENCE AS ELIGIBILITY REQUIREMENT FOR APPOINTMENT OF
CHIEFS OF RESERVE COMPONENTS.
Sections 3038(b)(4), 5143(b)(4), 5144(b)(4), and 8038(b)(4) of
title 10, United States Code, are amended by striking ``December 31,
2004'' and inserting ``December 31, 2005''.
SEC. 514. LIMITATION ON NUMBER OF OFFICERS FROCKED TO MAJOR GENERAL AND
REAR ADMIRAL (UPPER HALF).
Section 777(d) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(2) by striking ``(d) Limitation on Number of Officers
Frocked to Specified Grades.--'' and inserting the following:
``(d) Limitation on Number of Officers Frocked to Specified
Grades.--(1) The total number of brigadier generals and Navy rear
admirals (lower half) on the active-duty list who are authorized as
described in subsection (a) to wear the insignia for the grade of major
general or rear admiral (upper half), as the case may be, may not
exceed 30.''.
SEC. 515. STUDY REGARDING PROMOTION ELIGIBILITY OF RETIRED WARRANT
OFFICERS RECALLED TO ACTIVE DUTY.
(a) Requirement for Study.--The Secretary of Defense shall carry
out a study to determine whether it would be equitable for retired
warrant officers on active duty, but not on the active-duty list by
reason of section 582(2) of title 10, United States Code, to be
eligible for consideration for promotion under section 573 of such
title.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the results of the study under subsection (a). The
report shall include a discussion of the Secretary's determination
regarding the issue covered by the study, the rationale for the
Secretary's determination, and any recommended legislation that the
Secretary considers appropriate regarding that issue.
Subtitle C--Reserve Component Personnel Policy
SEC. 521. REPEAL OF EXCLUSION OF ACTIVE DUTY FOR TRAINING FROM
AUTHORITY TO ORDER RESERVES TO ACTIVE DUTY.
(a) General Authority To Order Reserves to Active Duty.--Section
12301 of title 10, United States Code, is amended--
(1) in the first sentence of subsection (a), by striking
``(other than for training)'';
(2) in subsection (c)--
(A) by striking ``(other than for training)'' and
inserting ``as described in subsection (a)'' in the
first sentence; and
(B) by striking ``(other than for training)'' in
the second sentence; and
(3) in subsection (e), by striking ``(other than for
training)'' and inserting ``as described in subsection (a)''.
(b) Ready Reserve 24-Month Callup Authority.--Section 12302 of such
title is amended by striking ``(other than for training)'' in
subsections (a) and (c).
(c) Selected Reserve and Individual Ready Reserve 270-Day Callup
Authority.--Section 12304(a) of such title is amended by striking
``(other than for training)''.
(d) Standby Reserve Callup Authority.--Section 12306 of such title
is amended--
(1) in subsection (a), by striking ``active duty (other
than for training) only as provided in section 12301 of this
title'' and inserting ``active duty only as provided in section
12301 of this title, but subject to the limitations in
subsection (b)''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``(other than for
training)'' and inserting ``under section 12301(a) of
this title''; and
(B) in paragraph (2), by striking ``no other
member'' and all that follows through ``without his
consent'' and inserting ``notwithstanding section
12301(a) of this title, no other member in the Standby
Reserve may be ordered to active duty as an individual
under such section without his consent''.
SEC. 522. EXCEPTION TO MANDATORY RETENTION OF RESERVES ON ACTIVE DUTY
TO QUALIFY FOR RETIREMENT PAY.
Section 12686(a) of title 10, United States Code, is amended by
inserting ``(other than retired pay for non-regular service under
chapter 1223 of this title)'' after ``a purely military retirement
system''.
Subtitle D--Education and Training
SEC. 531. ONE-YEAR EXTENSION OF ARMY COLLEGE FIRST PILOT PROGRAM.
Section 573(h) of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 10 U.S.C. 513 note), is amended by
striking ``September 30, 2004'' and inserting ``December 31, 2005''.
SEC. 532. MILITARY RECRUITER EQUAL ACCESS TO CAMPUS.
Subsection (b)(1) of section 983 of title 10, United States Code,
is amended--
(1) by striking ``entry to campuses'' and inserting
``access to campuses''; and
(2) by inserting before the semicolon at the end the
following: ``in a manner that is at least equal in quality and
scope to the degree of access to campuses and to students that
is provided to any other employer''.
SEC. 533. EXCLUSION FROM DENIAL OF FUNDS FOR PREVENTING ROTC ACCESS TO
CAMPUS OF AMOUNTS TO COVER INDIVIDUAL COSTS OF ATTENDANCE
AT INSTITUTIONS OF HIGHER EDUCATION.
(a) Codification and Extension of Exclusion.--Subsection (d) of
section 983 of title 10, United States Code, is amended--
(1) by striking ``The'' after ``(1)'' and inserting
``Except as provided in paragraph (3), the''; and
(2) by adding at the end the following new paragraph:
``(3) Any Federal funding specified in paragraph (1) that is
provided to an institution of higher education, or to an individual, to
be available solely for student financial assistance, related
administrative costs, or costs associated with attendance, may be used
for the purpose for which the funding is provided.''.
(b) Conforming Amendments.--Subsections (a) and (b) of such section
are amended by striking ``(including a grant of funds to be available
for student aid)''.
(c) Conforming Repeal of Codified Provision.--Section 8120 of the
Department of Defense Appropriations Act, 2000 (Public Law 106-79; 10
U.S.C. 983 note), is repealed.
SEC. 534. TRANSFER OF AUTHORITY TO CONFER DEGREES UPON GRADUATES OF THE
COMMUNITY COLLEGE OF THE AIR FORCE.
(a) Authority of Air University Commander.--Subsection (a) of
section 9317 of title 10, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) an associate level degree upon graduates of the
Community College of the Air Force who fulfill the requirements
for that degree.''.
(b) Termination of Existing Authority.--(1) Paragraph (1) of
section 9315(c) of such title is amended by striking ``the commander''
and all that follows through ``at the level of associate'' and
inserting ``an academic degree at the level of associate may be
conferred under section 9317 of this title''.
(2) Paragraph (2) of such section is amended by striking ``Air
Education and Training Command of the Air Force'' and inserting ``Air
University''.
(c) Conforming and Clerical Amendments.--(1) The heading of section
9317 of title 10, United States Code, is amended by striking
``graduate-level degrees'' and inserting ``conferral of degrees''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 901 of such title is amended to read as
follows:
``9317. Air University: conferral of degrees.''.
SEC. 535. REPEAL OF REQUIREMENT FOR OFFICER TO RETIRE UPON TERMINATION
OF SERVICE AS SUPERINTENDENT OF THE AIR FORCE ACADEMY.
(a) Repeals.--Sections 8921 and 9333a of title 10, United States
Code, are repealed.
(b) Clerical Amendments.--Subtitle D of title 10, United States
Code, is amended--
(1) in the table of sections at the beginning of chapter
867, by striking the item relating to section 8921; and
(2) in the table of sections at the beginning of chapter
903, by striking the item relating to section 9333a.
Subtitle E--Decorations, Awards, and Commendations
SEC. 541. AWARD OF MEDAL OF HONOR TO INDIVIDUAL INTERRED IN THE TOMB OF
THE UNKNOWNS AS REPRESENTATIVE OF CASUALTIES OF A WAR.
(a) Award to Individual as Representative.--Chapter 57 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 1134. Medal of honor: award to individual interred in Tomb of
the Unknowns as representative of casualties of a war
``The medal of honor awarded posthumously to a deceased member of
the armed forces who, as an unidentified casualty of a particular war
or other armed conflict, is interred in the Tomb of the Unknowns at
Arlington National Cemetery, Virginia, is awarded to the member as the
representative of the members of the armed forces who died in such war
or other armed conflict and whose remains have not been identified, and
not to the individual personally.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1134. Medal of honor: award to individual interred in Tomb of the
Unknowns as representative of casualties of
a war.''.
SEC. 542. SEPARATE CAMPAIGN MEDALS FOR OPERATION ENDURING FREEDOM AND
FOR OPERATION IRAQI FREEDOM.
(a) Requirement.--The President shall establish a campaign medal
specifically to recognize service by members of the uniformed services
in Operation Enduring Freedom and a separate campaign medal
specifically to recognize service by members of the uniformed services
in Operation Iraqi Freedom.
(b) Eligibility.--Subject to such limitations as may be prescribed
by the President, eligibility for a campaign medal established pursuant
to subsection (a) shall be set forth in regulations to be prescribed by
the Secretary concerned (as defined in section 101 of title 10, United
States Code). In the case of regulations prescribed by the Secretaries
of the military departments, the regulations shall be subject to
approval by the Secretary of Defense and shall be uniform throughout
the Department of Defense.
SEC. 543. PLAN FOR REVISED CRITERIA AND ELIGIBILITY REQUIREMENTS FOR
AWARD OF COMBAT INFANTRYMAN BADGE AND COMBAT MEDICAL
BADGE FOR SERVICE IN KOREA AFTER JULY 28, 1953.
(a) Requirement for Plan.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Army shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a plan for revising the Army's criteria and eligibility
requirements for award of the Combat Infantryman Badge and the Combat
Medical Badge for service in the Republic of Korea after July 28, 1953,
to fulfill the purpose stated in subsection (b).
(b) Purpose of Revised Criteria and Eligibility Requirements.--The
purpose for revising the criteria and eligibility requirements for
award of the Combat Infantryman Badge and the Combat Medical Badge for
service in the Republic of Korea after July 28, 1953, is to ensure
fairness in the standards applied to Army personnel in the awarding of
such badges for Army service in the Republic of Korea in comparison to
the standards applied to Army personnel in the awarding of such badges
for Army service in other areas of operations.
Subtitle F--Military Justice
SEC. 551. REDUCED BLOOD ALCOHOL CONTENT LIMIT FOR OFFENSE OF DRUNKEN
OPERATION OF A VEHICLE, AIRCRAFT, OR VESSEL.
Section 911(b)(3) of title 10, United States Code (article
111(b)(3) of the Uniform Code of Military Justice), is amended by
striking ``0.10 grams'' in both places it appears and inserting ``0.08
grams''.
SEC. 552. WAIVER OF RECOUPMENT OF TIME LOST FOR CONFINEMENT IN
CONNECTION WITH A TRIAL.
Section 972 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Waiver of Recoupment of Time Lost for Confinement.--The
Secretary concerned shall waive liability for a period of confinement
in connection with a trial under subsection (a)(3), or exclusion of a
period of confinement in connection with a trial under subsection
(b)(3), in a case upon the occurrence of any of the following events:
``(1) For each charge--
``(A) the charge is dismissed before or during
trial in a final disposition of the charge; or
``(B) the trial results in an acquittal of the
charge.
``(2) For each charge resulting in a conviction in such
trial--
``(A) the conviction is set aside in a final
disposition of such charge, other than in a grant of
clemency; or
``(B) a judgment of acquittal or a dismissal is
entered upon a reversal of the conviction on appeal.''.
SEC. 553. DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON PREVENTION AND
RESPONSE TO SEXUAL ASSAULTS INVOLVING MEMBERS OF THE
ARMED FORCES.
(a) Comprehensive Policy on Prevention and Response to Sexual
Assaults.--(1) Not later than January 1, 2005, the Secretary of Defense
shall develop a comprehensive policy for the Department of Defense on
the prevention of and response to sexual assaults involving members of
the Armed Forces.
(2) The policy shall be based on the recommendations of the
Department of Defense Task Force on Care for Victims of Sexual Assaults
and on such other matters as the Secretary considers appropriate.
(b) Elements of Comprehensive Policy.--The policy developed under
subsection (a) shall address the following matters:
(1) Prevention measures.
(2) Education and training on prevention and response.
(3) Investigation of complaints by command and law
enforcement personnel.
(4) Medical treatment of victims.
(5) Confidential reporting of incidents.
(6) Victim advocacy and intervention.
(7) Oversight by commanders of administrative and
disciplinary actions in response to substantiated incidents of
sexual assault.
(8) Disposition of victims of sexual assault, including
review by appropriate authority of administrative separation
actions involving victims of sexual assault.
(9) Disposition of members of the Armed Forces accused of
sexual assault.
(10) Liaison and collaboration with civilian agencies on
the provision of services to victims of sexual assault.
(11) Uniform collection of data on the incidence of sexual
assaults and on disciplinary actions taken in substantiated
cases of sexual assault.
(c) Report on Improvement of Capability To Respond to Sexual
Assaults.--Not later than March 1, 2005, the Secretary of Defense shall
submit to Congress a proposal for such legislation as the Secretary
considers necessary to enhance the capability of the Department of
Defense to address matters relating to sexual assaults involving
members of the Armed Forces.
(d) Application of Comprehensive Policy To Military Departments.--
The Secretary shall ensure that, to the maximum extent practicable, the
policy developed under subsection (a) is implemented uniformly by the
military departments.
(e) Policies and Procedures of Military Departments.--(1) Not later
than March 1, 2005, the Secretaries of the military departments shall
prescribe regulations, or modify current regulations, on the policies
and procedures of the military departments on the prevention of and
response to sexual assaults involving members of the Armed Forces in
order--
(A) to conform such policies and procedures to the policy
developed under subsection (a); and
(B) to ensure that such policies and procedures include the
elements specified in paragraph (2).
(2) The elements specified in this paragraph are as follows:
(A) A program to promote awareness of the incidence of
sexual assaults involving members of the Armed Forces.
(B) A program to provide victim advocacy and intervention
for members of the Armed Force concerned who are victims of
sexual assault, which program shall make available, at home
stations and in deployed locations, trained advocates who are
readily available to intervene on behalf of such victims.
(C) Procedures for members of the Armed Force concerned to
follow in the case of an incident of sexual assault involving a
member of such Armed Force, including--
(i) specification of the person or persons to whom
the alleged offense should be reported;
(ii) specification of any other person whom the
victim should contact;
(iii) procedures for the preservation of evidence;
and
(iv) procedures for confidential reporting and for
contacting victim advocates.
(D) Procedures for disciplinary action in cases of sexual
assault by members of the Armed Force concerned.
(E) Other sanctions authorized to be imposed in
substantiated cases of sexual assault, whether forcible or
nonforcible, by members of the Armed Force concerned.
(F) Training on the policies and procedures for all members
of the Armed Force concerned, including specific training for
members of the Armed Force concerned who process allegations of
sexual assault against members of such Armed Force.
(G) Any other matters that the Secretary of Defense
considers appropriate.
(f) Annual Assessment of Policies and Procedures.--Not later than
January 15, 2006, and each year thereafter, each Secretary of a
military department shall conduct an assessment of the implementation
during the preceding fiscal year of the policies and procedures of such
department on the prevention of and response to sexual assaults
involving members of the Armed Forces in order to determine the
effectiveness of such policies and procedures during such fiscal year
in providing an appropriate response to such sexual assaults.
(g) Annual Reports.--(1) Not later than April 1, 2005, and January
15 of each year thereafter, each Secretary of a military department
shall submit to the Secretary of Defense a report on the sexual
assaults involving members of the Armed Force concerned during the
preceding year.
(2) Each report on an Armed Force under paragraph (1) shall contain
the following:
(A) The number of sexual assaults against members of the
Armed Force, and the number of sexual assaults by members of
the Armed Force, that were reported to military officials
during the year covered by such report, and the number of the
cases so reported cases that were substantiated.
(B) A synopsis of and the disciplinary action taken in each
substantiated case.
(C) The policies, procedures, and processes implemented by
the Secretary concerned during the year covered by such report
in response to incidents of sexual assault involving members of
the Armed Force concerned.
(D) A plan for the actions that are to be taken in the year
following the year covered by such report on the prevention of
and response to sexual assault involving members of the Armed
Forces concerned.
(3) Each report under paragraph (1) in 2006, 2007, and 2008 shall
also include the assessment conducted by the Secretary concerned under
subsection (f).
(4) The Secretary of Defense shall transmit to the Committees on
Armed Services of the Senate and the House of Representatives each
report submitted to the Secretary under this subsection, together with
the comments of the Secretary on each such report. The Secretary shall
transmit the report on 2004 not later than May 1, 2005, and shall
transmit the report on any year after 2004 not later than March 15 of
the year following such year.
(h) Sexual Assault Defined.--In this section, the term ``sexual
assault'' includes rape, acquaintance rape, sexual assault, and other
criminal sexual offenses.
Subtitle G--Scope of Duties of Ready Reserve Personnel in Inactive Duty
Status
SEC. 561. REDESIGNATION OF INACTIVE-DUTY TRAINING TO ENCOMPASS
OPERATIONAL AND OTHER DUTIES PERFORMED BY RESERVES WHILE
IN INACTIVE DUTY STATUS.
(a) Redesignation of Duty Status.--(1) The duty status applicable
to members of the reserve components of the Armed Forces that is known
as ``inactive-duty training'' is redesignated as ``inactive duty''.
(2) Any reference that is made in any law, regulation, document,
paper, or other record of the United States to inactive-duty training,
as such term applies to members of the reserve components of the Armed
Forces, shall be deemed to be a reference to inactive duty.
(b) Title 10 Conforming and Clerical Amendments.--(1) The following
provisions of title 10, United States Code, are amended by striking
``inactive-duty training'' each place it appears and inserting
``inactive duty'': sections 101(d)(7), 802(a)(3), 802(d)(2)(B),
802(d)(5)(B), 803(d), 936(a), 936(b), 976(a)(1)(C), 1061(b), 1074a(a),
1076(a)(2)(B), 1076(a)(2)(C), 1204(2), 1448(f)(1)(B), 1476(a)(1)(B),
1476(a)(2)(A), 1481(a)(2), 9446(a)(3), 12602(a)(3), 12602(b)(3), and
18505(a).
(2) The following provisions of such title are amended by striking
``inactive duty training'' each place it appears and inserting
``inactive duty'': sections 1086(c)(2)(B), 1175(e)(2), 1475(a)(2),
1475(a)(3), 2031(d)(2), and 10204(b).
(3) Section 1206(2) of such title is amended by striking ``in line
of duty--'' and all that follows through ``residence; or'' and
inserting the following: ``in line of duty while--
``(A) performing active duty or inactive duty;
``(B) traveling directly to or from the place at
which such duty is performed; or
``(C) remaining overnight immediately before the
commencement of inactive duty, or while remaining
overnight between successive periods of inactive-duty
training, at or in the vicinity of the site of the
inactive duty, if the site is outside reasonable
commuting distance of the member's residence;''.
(4) Section 1471(b)(3)(A) of such title is amended by striking
``for training'' in clauses (ii) and (iii).
(5) Section 1478(a) of such title is amended--
(A) in paragraph (3)--
(i) by striking ``from inactive duty training'' and
inserting ``from the location of inactive duty''; and
(ii) by striking ``on inactive duty training'' and
inserting ``on inactive duty'';
(B) in paragraph (7)--
(i) by striking ``inactive duty training'' and
inserting ``inactive duty''; and
(ii) by striking ``or training''; and
(C) in paragraph (8), by striking ``inactive duty
training'' both places it appears and inserting ``inactive
duty''.
(6) Section 12317 of such title is amended by striking ``, or to
participate in inactive duty training,'' and inserting ``inactive
duty''.
(7) Section 12319(c) of such title is amended--
(A) by striking ``inactive-duty training'' both places it
appears and inserting ``inactive duty''; and
(B) by striking ``that training)'' and inserting ``that
duty)''.
(8) Section 12603(a) of such title is amended--
(A) by striking ``inactive duty training'' and inserting
``inactive duty''; and
(B) by striking ``the training'' and inserting ``such
duty''.
(9) Section 12604(a) of such title is amended by striking ``to
inactive-duty training'' and inserting ``to perform inactive duty''.
(10)(A) The headings for sections 1204, 1206, 12603, and 18505 of
such title are amended by striking ``inactive-duty training'' and
inserting ``inactive duty''.
(B) The heading for section 1475 of such title is amended by
striking ``training''.
(C) The heading for section 1476 of such title is amended by
striking ``or training''.
(D) The heading for section 12604 of such title is amended by
striking ``attending inactive-duty training'' and inserting
``performing inactive duty''.
(11)(A) The table of sections at the beginning of chapter 61 of
such title is amended--
(i) by striking the item relating to section 1204 and
inserting the following:
``1204. Members on active duty for 30 days or less or on inactive duty:
retirement.'';
and
(ii) by striking the item relating to section 1206 and
inserting the following:
``1206. Members on active duty for 30 days or less or on inactive duty:
separation.''.
(B) The table of sections at the beginning of subchapter II of
chapter 75 of such title is amended by striking the items relating to
sections 1475 and 1476 and inserting the following:
``1475. Death gratuity: death of members on active duty or inactive
duty and of certain other persons.
``1476. Death gratuity: death after discharge or release from duty.''.
(C) The table of sections at the beginning of chapter 1217 of such
title is amended by striking the items relating to sections 12603 and
12604 and inserting the following:
``12603. Attendance of inactive duty assemblies: commercial travel at
Federal supply schedule rates.
``12604. Billeting in Department of Defense facilities: Reserves
performing inactive duty.''.
(D) The item relating to section 18505 in the table of sections at
the beginning of chapter 1805 of such title is amended to read as
follows:
``18505. Reserves traveling for inactive duty: space-required travel on
military aircraft.''.
(c) Title 14 Conforming Amendment.--Sections 704 and 705(a) of
title 14, United States Code, are amended by striking ``inactive-duty
training'' and inserting ``inactive duty''.
(d) Title 37 Conforming and Clerical Amendments.--(1) Sections
101(22), 205(e)(2)(A), and 433(d) of title 37, United States Code, are
amended by striking ``inactive-duty training'' each place it appears
and inserting ``inactive duty''.
(2) Section 204 of such title is amended--
(A) in subsection (g)(1)--
(i) in subparagraphs (B) and (D), by striking
``inactive-duty training'' each place it appears and
inserting ``inactive duty'' and
(ii) in subparagraph (C), by striking ``or
training''; and
(B) in subsection (h)(1)--
(i) in subparagraphs (B) and (D), by striking
``inactive-duty training'' each place it appears and
inserting ``inactive duty''; and
(ii) in subparagraph (C), by striking ``or
training''; and
(3) Section 206 of such title is amended--
(A) in subsection (a)(3)--
(i) by striking clause (ii) of subparagraph (A) and
inserting the following:
``(ii) inactive duty;'';
(ii) in subparagraph (B), by striking ``or
training''; and
(iii) in subparagraph (C), by striking ``inactive-
duty training'' each place it appears and inserting
``inactive duty''; and
(B) in subsection (b)(1), by inserting ``or duty'' after
``kind of training''.
(4) Section 308d(a) of such title is amended by striking ``for
training''.
(5) Section 415 of such title is amended--
(A) in subsection (a)(3), by striking ``inactive-duty
training'' and inserting ``inactive duty''; and
(B) in subsection (c)(1), by striking ``on inactive duty
training status'' and inserting ``inactive duty''.
(6) Section 552 of such title is amended--
(A) in subsection (a)--
(i) by striking ``performing inactive-duty
training,'' in the matter preceding paragraph (1), and
inserting ``inactive duty,''; and
(ii) by striking ``or inactive-duty training'' in
the second sentence and inserting ``or inactive duty'';
and
(B) in subsection (d), by striking ``inactive-duty
training'' and inserting ``on inactive duty''.
(7)(A) The heading for section 206 of such title is amended by
striking ``inactive-duty training'' and inserting ``inactive duty''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 3 of such title is amended to read as follows:
``206. Reserves; members of National Guard: inactive duty.''.
(8) The heading for subsection (c) of section 305b of such title is
amended by striking ``Duty
Training.--'' and inserting ``Duty.--''.
(9) The heading for subsection (e) of section 320 of such title is
amended by striking ``Duty
Training.--'' and inserting ``Duty.--''.
(e) Public Law 108-136.--Section 644(c) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1518) is amended by striking ``inactive-duty training'' and inserting
``inactive duty''.
SEC. 562. REPEAL OF UNNECESSARY DUTY STATUS DISTINCTION FOR FUNERAL
HONORS DUTY.
(a) Title 10 Duty.--(1) Section 12503 of title 10, United States
Code, is repealed.
(2) Section 12552 of such title is repealed.
(b) Title 32 Duty.--(1) Section 115 of title 32, United States
Code, is repealed.
(2) Section 114 of such title is amended by striking the second
sentence.
(c) Title 10 Conforming and Clerical Amendments.--Title 10, United
States Code, is amended as follows:
(1) Section 1074a(a) is amended--
(A) in paragraph (1)--
(i) by inserting ``or'' at the end of
subparagraph (A);
(ii) by striking ``; or'' at the end of
subparagraph (B) and inserting a period; and
(iii) by striking subparagraph (C);
(B) in paragraph (2)--
(i) by inserting ``or'' at the end of
subparagraph (A);
(ii) by striking ``; or'' at the end of
subparagraph (B) and inserting a period; and
(iii) by striking subparagraph (C); and
(C) by striking paragraph (4).
(2) Section 1076(a)(2) is amended by striking subparagraph
(E).
(3) Section 1204(2) is amended--
(A) by inserting ``or'' at the end of subparagraph
(A)(iii);
(B) by striking ``or'' at the end of subparagraph
(B)(iii) and inserting a period; and
(C) by striking subparagraph (C).
(4) Section 1206(2) is amended by striking ``(B) while the
member--'' and all that follows through ``immediately before so
serving;''.
(5) Section 1481(a)(2) is amended--
(A) by inserting ``or'' at the end of subparagraph
(D);
(B) by striking ``; or'' at the end of subparagraph
(E) and inserting a period; and
(C) by striking subparagraph (F).
(6) Section 12732(a)(2)(E) is amended by inserting ``(as
such section 12503 or 115, respectively, was in effect before
the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2005)'' after ``section 115 of title 32''.
(7)(A) The table of sections at the beginning of chapter
1213 is amended by striking the item relating to section 12503.
(B) The table of sections at the beginning of chapter 1215
is amended by striking the item relating to 12552.
(c) Title 32 Clerical Amendment.--The table of sections at the
beginning of chapter 1 of title 32, United States Code, is amended by
striking the item relating to section 115.
(d) Title 37 Conforming Amendments.--Section 204 of title 37,
United States Code, is amended--
(1) in subsection (g)(1)--
(A) by inserting ``or'' at the end of subparagraph
(C);
(B) by striking ``; or'' at the end of subparagraph
(D) and inserting a period; and
(C) by striking subparagraph (E); and
(2) in subsection (h)(1)--
(A) by inserting ``or'' at the end of subparagraph
(C);
(B) by striking ``; or'' at the end of subparagraph
(D) and inserting a period; and
(C) by striking subparagraph (E).
SEC. 563. CONFORMING AMENDMENTS TO OTHER LAWS REFERRING TO INACTIVE-
DUTY TRAINING.
(a) Title 5.--Section 6323(a)(1) of title 5, United States Code, is
amended by striking ``inactive-duty training'' and inserting ``inactive
duty''.
(b) Title 38.--(1) The following provisions of title 38, United
States Code, are amended by striking ``inactive duty training'' each
place it appears and inserting ``inactive duty'': sections 106(d)(1),
1112(c)(3)(A)(ii), 1302(b)(2), 1312(a)(2)(A), 1965(3), 1965(4),
1965(5), 1967(a)(1)(B), 1967(b), 1969(a)(3), 1977(e), 2402(2),
4303(13), and 4303(16).
(2) Section 1968 of such title is amended--
(A) by striking ``inactive duty training'' and inserting
``inactive duty''--
(i) in subsection (a), in the matter preceding
paragraph (1);
(ii) in subsection (a)(3); and
(iii) in subsection (b)(2); and
(B) in subsection (a)(3)--
(i) by striking ``such scheduled training period''
and inserting ``such period of scheduled duty'';
(ii) by striking ``the date of such training'' and
inserting ``the date on which such duty period ends'';
and
(iii) by striking ``such training terminated'' and
inserting ``on which such duty period ends''.
SEC. 564. CONFORMING AMENDMENTS TO OTHER LAWS REFERRING TO FUNERAL
HONORS DUTY.
(a) Title 5.--Section 6323(a)(1) of title 5, United States Code, is
amended by striking ``funeral honors duty (as described in section
12503 of title 10 and section 115 of title 32),''.
(b) Title 38.--Section 4303(13) of title 38, United States Code, is
amended--
(1) by inserting ``and'' after ``full-time National Guard
duty,''; and
(2) by striking ``, and a period for which a person is
absent from employment for the purpose of performing funeral
honors duty as authorized by section 12503 of title 10 or
section 115 of title 32.''.
Subtitle H--Other Matters
SEC. 571. ACCESSION OF PERSONS WITH SPECIALIZED SKILLS.
(a) Initial Service Obligation.--Subsection (a) of section 651 of
title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by striking ``deferred under the next to the last
sentence of section 6(d)(1) of the Military Selective Service
Act (50 U.S.C. App. 456(d)(1))'' and inserting ``described in
paragraph (3)''; and
(3) by adding at the end the following new paragraphs:
``(2) The Secretary concerned may--
``(A) waive the applicability of paragraph (1) to a person
who, as determined by the Secretary concerned, is accessed into
an armed force under the jurisdiction of that Secretary based
on unique skills acquired in a civilian occupation and is to
serve in that armed force in a specialty requiring those
skills; and
``(B) require any alternative period of obligated service
that the Secretary considers appropriate to meet the needs of
the armed force that such person is entering.
``(3) The requirement under paragraph (1) does not apply to a
person who is deferred under the next to the last sentence of section
6(d)(1) of the Military Selective Service Act (50 U.S.C. App.
456(d)(1)).
(b) Basic Training Period.--Subsection (c) of section 671 of such
title is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by striking ``(c)(1)'' and all that follows through
``Any such period'' in the second sentence of paragraph (1) and
inserting the following:
``(c)(1) A period of basic training (or equivalent training)
shorter than 12 weeks may be established by the Secretary concerned for
members of the armed forces who, as determined by the Secretary under
regulations prescribed under paragraph (3)--
``(A) have been credentialed in a medical profession or
occupation and are serving in a health-care occupational
specialty; or
``(B) have unique skills acquired in a civilian occupation
and are to serve in a military specialty or position requiring
those skills.
``(2) Any period of basic training under paragraph (1)''.
SEC. 572. FEDERAL WRITE-IN BALLOTS FOR ABSENTEE MILITARY VOTERS LOCATED
IN THE UNITED STATES.
(a) Duties of Presidential Designee.--Section 101(b)(3) of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff(b)(3)) is amended by striking ``overseas voters'' and inserting
``absent uniformed services voters and overseas voters''.
(b) Federal Write-In Absentee Ballot.--Section 103 of such Act (42
U.S.C. 1973ff-2) is amended--
(1) in subsection (a), by striking ``overseas voters'' and
inserting ``absent uniformed services voters and overseas
voters'';
(2) in subsection (b), by striking the second sentence and
inserting the following new sentence: ``A Federal write-in
absentee ballot of an absent uniformed services voter or
overseas voter shall not be counted--
``(1) if the application of the absent uniformed services
voter or overseas voter for a State absentee ballot is received
by the appropriate State election official after the later of--
``(A) the deadline of the State for receipt of such
application; or
``(B) the date that is 30 days before the general
election; or
``(2) if a State absentee ballot of the absent uniformed
services voter or overseas voter is received by the appropriate
State election official not later than the deadline for receipt
of the State absentee ballot under State law.'';
(3) in subsection (c)(1), by striking ``overseas voter''
and inserting ``absent uniformed services voter or overseas
voter'';
(4) in subsection (d), by striking ``overseas voter'' both
places it appears and inserting ``absent uniformed services
voter or overseas voter''; and
(5) in subsection (e)(2), by striking ``overseas voters''
and inserting ``absent uniformed services voters and overseas
voters''.
(c) Conforming Amendments.--(1) The heading of section 103 of such
Act is amended to read as follows:
``SEC. 103. FEDERAL WRITE-IN ABSENTEE BALLOT IN GENERAL ELECTIONS FOR
FEDERAL OFFICE FOR ABSENT UNIFORMED SERVICES VOTERS AND
OVERSEAS VOTERS.''.
(2) The subsection caption for subsection (d) of such section is
amended by striking ``Overseas Voter'' and inserting ``Absent Uniformed
Services Voter or Overseas Voter''.
SEC. 573. RENAMING OF NATIONAL GUARD CHALLENGE PROGRAM AND INCREASE IN
MAXIMUM FEDERAL SHARE OF COST OF STATE PROGRAMS UNDER THE
PROGRAM.
(a) Renaming.--The text of section 509 of title 32, United States
Code, is amended by striking ``National Guard Challenge Program'' each
place it appears and inserting ``National Guard Youth Challenge
Program''.
(b) Increase in Maximum Federal Share of Cost of State Programs.--
Subsection (d) of such section is amended by striking paragraphs (1),
(2), (3), and (4), and inserting the following new paragraphs:
``(1) for fiscal year 2004, 60 percent of the costs of
operating the State program during that year;
``(2) for fiscal year 2005, 65 percent of the costs of
operating the State program during that year;
``(3) for fiscal year 2006, 70 percent of the costs of
operating the State program during that year; and
``(4) for fiscal year 2007 and each subsequent fiscal year,
75 percent of the costs of operating the State program during
such year.''.
(c) Conforming and Clerical Amendments.--(1) The heading of such
section is amended to read as follows:
``Sec. 509. National Guard Youth Challenge Program of opportunities for
civilian youth''.
(2) The table of sections at the beginning of chapter 5 of such
title is amended by striking the item relating to section 509 and
inserting the following new item:
``509. National Guard Youth Challenge Program of opportunities for
civilian youth.''.
SEC. 574. APPEARANCE OF VETERANS SERVICE ORGANIZATIONS AT PRESEPARATION
COUNSELING PROVIDED BY THE DEPARTMENT OF DEFENSE.
(a) Appearance to Counseling for Discharge or Release From Active
Duty.--Section 1142 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(d) Appearance by Veterans Service Organizations.--(1) The
Secretary concerned may permit a representative of a veterans service
organization to appear at and participate in any preseparation
counseling provided to a member of the armed forces under this section.
``(2) For purposes of this subsection, a veterans service
organization is any organization recognized by the Secretary of
Veterans Affairs for the representation of veterans under section 5902
of title 38.''.
(b) Meeting With Reserves Released From Active Duty for Further
Service in the Reserves.--(1) A unit of a reserve component on active
duty in the Armed Forces may, upon release from active duty in the
Armed Forces for further service in the reserve components, meet with a
veterans service organization for information and assistance relating
to such release if the commander of the unit authorizes the meeting.
(2) The time of a meeting for a unit under paragraph (1) may be
scheduled by the commander of the unit for such time after the release
of the unit as described in that paragraph as the commander of the unit
determines appropriate to maximize the benefit of the meeting to the
members of the unit.
(3) For purposes of this subsection, a veterans service
organization is any organization recognized by the Secretary of
Veterans Affairs for the representation of veterans under section 5902
of title 38, United States Code.
SEC. 575. SENSE OF THE SENATE REGARDING RETURN OF MEMBERS TO ACTIVE
DUTY SERVICE UPON REHABILITATION FROM SERVICE-RELATED
INJURIES.
(a) Findings.--Congress makes the following findings:
(1) The generation of young men and women currently serving
on active duty in the Armed Forces, which history will record
as being among the greatest, has shown in remarkable numbers an
individual resolve to recover from injuries incurred in such
service and to return to active service in the Armed Forces.
(2) Since September 11, 2001, numerous brave soldiers,
sailors, airmen, and Marines have incurred serious combat
injuries, including (as of June 2004) approximately 100 members
of the Armed Forces who have been fitted with artificial limbs
as a result of devastating injuries sustained in combat
overseas.
(3) In cases involving combat-related injuries and other
service-related injuries it is possible, as a result of
advances in technology and extensive rehabilitative services,
to restore to members of the Armed Forces sustaining such
injuries the capability to resume the performance of active
military service, including, in a few cases, the capability to
participate directly in the performance of combat missions.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) members of the Armed Forces who on their own initiative
are highly motivated to return to active duty service following
rehabilitation from injuries incurred in their service in the
Armed Forces, after appropriate medical review should be given
the opportunity to present their cases for continuing to serve
on active duty in varied military capacities;
(2) other than appropriate medical review, there should be
no barrier in policy or law to such a member having the option
to return to military service on active duty; and
(3) the Secretary of Defense should develop specific
protocols that expand options for such members to return to
active duty service and to be retrained to perform military
missions for which they are fully capable.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. GEOGRAPHIC BASIS FOR HOUSING ALLOWANCE DURING SHORT-
ASSIGNMENT PERMANENT CHANGES OF STATION FOR EDUCATION OR
TRAINING.
(a) Authority.--Paragraph (3) of subsection (d) of section 403 of
title 37, United States Code, is amended by adding at the end the
following new subparagraph:
``(C) In the case of a member who is reassigned for a
permanent change of station or permanent change of assignment
from a duty station within the continental United States to
another duty station within the continental United States for a
period of not more than one year for the purpose of
participating in professional military education or training
classes, the amount of the basic allowance for housing for the
member may be based on whichever of the following areas the
Secretary concerned determines to provide the more equitable
basis for the allowance:
``(i) The area of the duty station to which the
member is reassigned.
``(ii) The area of the member's last duty station,
but only if, and for the period that, the member's
dependents reside in that area on and after the date of
the member's departure for the duty station to which
the member is reassigned.''.
(b) Conforming Amendment.--The heading of such subsection is
amended by striking ``Are Unable To'' and inserting ``Do Not''.
SEC. 602. IMMEDIATE LUMP-SUM REIMBURSEMENT FOR UNUSUAL NONRECURRING
EXPENSES INCURRED FOR DUTY OUTSIDE THE CONTINENTAL UNITED
STATES.
Section 405 of title 37, United States Code, is amended by adding
at the end the following new subsection:
``(d) Nonrecurring Expenses.--(1) The Secretary concerned may pay a
member of the uniformed services on duty as described in subsection (a)
a reimbursement for a nonrecurring expense incurred by the member
incident to such duty that--
``(A) is directly related to the conditions or location of
the duty;
``(B) is of a nature or a magnitude not normally incurred
by members of the uniformed services on duty inside the
continental United States; and
``(C) is not included in the per diem determined under
subsection (b) as payable to the member under subsection (a).
``(2) Any reimbursement payable to a member under paragraph (1) is
in addition to a per diem payable to that member under subsection
(a).''.
SEC. 603. PERMANENT INCREASE IN AUTHORIZED AMOUNT OF FAMILY SEPARATION
ALLOWANCE.
(a) Permanent Amount.--Subsection (a)(1) of section 427 of title
37, United States Code, is amended by striking ``$100'' and inserting
``$250''.
(b) Repeal of Temporary Authority.--Subsection (e) of such section
is repealed.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on the earlier of--
(1) the first day of the first month that begins after the
date of the enactment of this Act; or
(2) January 1, 2005.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
(a) Selected Reserve Reenlistment Bonus.--Section 308b(g) of title
37, United States Code, is amended by striking ``December 31, 2004''
and inserting ``December 31, 2005''.
(b) Selected Reserve Enlistment Bonus.--Section 308c(e) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(c) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of such title is amended by striking
``December 31, 2004'' and inserting ``December 31, 2005''.
(d) Selected Reserve Affiliation Bonus.--Section 308e(e) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(e) Ready Reserve Enlistment and Reenlistment Bonus.--Section
308h(g) of such title is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2005''.
(f) Prior Service Enlistment Bonus.--Section 308i(f) of such title
is amended by striking ``December 31, 2004'' and inserting ``December
31, 2005''.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR CERTAIN HEALTH CARE PROFESSIONALS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking ``December 31,
2004'' and inserting ``December 31, 2005''.
(b) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of such title is
amended by striking ``January 1, 2005'' and inserting ``January 1,
2006''.
(c) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking ``December 31,
2004'' and inserting ``December 31, 2005''.
(d) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December 31, 2004''
and inserting ``December 31, 2005''.
(e) Special Pay for Selected Reserve Health Professionals in
Critically Short Wartime Specialties.--Section 302g(f) of such title is
amended by striking ``December 31, 2004'' and inserting ``December 31,
2005''.
(f) Accession Bonus for Dental Officers.--Section 302h(a)(1) of
such title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR
NUCLEAR OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(e) of title 37, United States Code, is
amended by striking ``December 31, 2004'' and inserting ``December 31,
2005''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of such title
is amended by striking ``December 31, 2004'' and inserting ``December
31, 2005''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND SPECIAL PAY
AUTHORITIES.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2005''.
(b) Assignment Incentive Pay.--Section 307a(f) of such title is
amended by striking ``December 31, 2005'' and inserting ``December 31,
2006''.
(c) Reenlistment Bonus for Active Members.--Section 308(g) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(d) Enlistment Bonus for Active Members.--Section 309(e) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(e) Retention Bonus for Members With Critical Military Skills.--
Section 323(i) of such title is amended by striking ``December 31,
2004'' and inserting ``December 31, 2005''.
(f) Accession Bonus for New Officers in Critical Skills.--Section
324(g) of such title is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2005''.
SEC. 615. REDUCED SERVICE OBLIGATION FOR NURSES RECEIVING NURSE
ACCESSION BONUS.
(a) Period of Obligated Service.--Section 302d(a)(1) of title 37,
United States Code, is amended by striking ``four years'' and inserting
``three years''.
(b) Effective Date and Applicability.--The amendment made by
subsection (a) shall take effect on October 1, 2004, and shall apply
with respect to agreements entered into under section 302d of title 37,
United States Code, on or after such date.
SEC. 616. ASSIGNMENT INCENTIVE PAY.
(a) Discontinuation Upon Commencement of Terminal Leave.--(1)
Subsection (e) of section 307a of title 37, United States Code, is
amended by striking ``absence of the member for authorized leave.'' and
inserting the following:
``(2) absence of the member for authorized leave, other
than leave authorized for a period ending upon the discharge of
the member or the release of the member from active duty.''.
(2) Such subsection is further amended by striking ``by reason of''
and all that follows through ``pursuant to orders or'' and inserting
``by reason of--
``(1) temporary duty performed by the member pursuant to
orders; or''.
(b) Discretionary Written Agreements.--Subsection (b) of such
section is amended to read as follows:
``(b) Written Agreement.--The Secretary concerned may require a
member to enter into a written agreement with the Secretary in order to
qualify for the incentive pay under this section. A written agreement
under this subsection shall set forth the period for which the
incentive pay is to be provided and the monthly rate at which the
incentive pay is to be paid.''.
(c) Effective Date and Applicability.--(1) The amendments made by
subsection (a) shall take effect on October 1, 2004.
(2) Paragraph (2) of section 307a(e) of title 37, United States
Code, shall apply with respect to authorized leave for days after
September 30, 2004.
SEC. 617. PERMANENT INCREASE IN AUTHORIZED AMOUNT OF HOSTILE FIRE AND
IMMINENT DANGER SPECIAL PAY.
(a) Permanent Amount.--Subsection (a) of section 310 of title 37,
United States Code, is amended by striking ``$150'' in the matter
preceding paragraph (1) and inserting ``$225''.
(b) Repeal of Temporary Authority.--Subsection (e) of such section
is repealed.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on the earlier of--
(1) the first day of the first month that begins after the
date of the enactment of this Act; or
(2) January 1, 2005.
SEC. 618. ELIGIBILITY OF ENLISTED MEMBERS TO QUALIFY FOR CRITICAL
SKILLS RETENTION BONUS WHILE SERVING ON INDEFINITE
REENLISTMENT.
Paragraph (2) of section 323(a) of title 37, United States Code, is
amended to read as follows:
``(2) in the case of an enlisted member--
``(A) the member, if serving under an enlistment
for a definite period--
``(i) reenlists for a period of at least
one year; or
``(ii) voluntarily extends the member's
enlistment for a period of at least one year;
or
``(B) the member, if serving under an enlistment
for an indefinite period, enters into a written
agreement with the Secretary concerned to remain on
active duty for at least one year under such
enlistment.''.
SEC. 619. CLARIFICATION OF EDUCATIONAL PURSUITS QUALIFYING FOR SELECTED
RESERVE EDUCATION LOAN REPAYMENT PROGRAM FOR HEALTH
PROFESSIONS OFFICERS.
Section 16302(a)(5) of title 10, United States Code, is amended by
striking ``regarding'' and inserting ``for a basic professional
qualifying degree (as determined under regulations prescribed by the
Secretary), or graduate education, in''.
SEC. 620. BONUS FOR CERTAIN INITIAL SERVICE OF COMMISSIONED OFFICERS IN
THE SELECTED RESERVE.
(a) Authority.--Chapter 5 of title 37, United States Code, is
amended by inserting after section 308i the following new section:
``Sec. 308j. Special pay: bonus for certain initial service of
commissioned officers in the Selected Reserve
``(a) Affiliation Bonus.--(1) The Secretary concerned may pay an
affiliation bonus under this section to an eligible commissioned
officer in any of the armed forces who enters into an agreement with
the Secretary to serve, for the period specified in the agreement, in
the Selected Reserve of the Ready Reserve of an armed force under the
Secretary's jurisdiction--
``(A) in a critical officer skill designated under
paragraph (3); or
``(B) to meet a manpower shortage in--
``(i) a unit of that Selected Reserve; or
``(ii) a particular pay grade in that armed force.
``(2) A commissioned officer is eligible for an affiliation bonus
under this section if the officer--
``(A) either--
``(i) is serving on active duty for a period of
more than 30 days; or
``(ii) is a member of a reserve component not on
active duty and, if the member formerly served on
active duty, was released from active duty under
honorable conditions;
``(B) has not previously served in the Selected Reserve of
the Ready Reserve; and
``(C) is not entitled to receive retired or retainer pay.
``(3)(A) The Secretary concerned shall designate for an armed force
under the Secretary's jurisdiction the critical officer skills to which
the bonus authority under this subsection is to be applied.
``(B) A skill may be designated as a critical officer skill for an
armed force under subparagraph (A) if, to meet requirements of that
armed force, it is critical for that armed force to have a sufficient
number of officers who are qualified in that skill.
``(4) An affiliation bonus payable pursuant to an agreement under
this section to an eligible officer accrues on the date on which the
person is assigned to a unit or position in the Selected Reserve
pursuant to such agreement.
``(b) Accession Bonus.--(1) The Secretary concerned may pay an
accession bonus under this section to an eligible person who enters
into an agreement with the Secretary--
``(A) to accept an appointment as a commissioned officer in
the armed forces; and
``(B) to serve in the Selected Reserve of the Ready Reserve
in a skill designated under paragraph (2) for a period
specified in the agreement.
``(2)(A) The Secretary concerned shall designate for an armed force
under the Secretary's jurisdiction the officer skills to which the
authority under this subsection is to be applied.
``(B) A skill may be designated for an armed force under
subparagraph (A) if, to mitigate a current or projected significant
shortage of personnel in that armed force who are qualified in that
skill, it is critical to increase the number of persons accessed into
that armed force who are qualified in that skill or are to be trained
in that skill.
``(3) An accession bonus payable to a person pursuant to an
agreement under this section accrues on the date on which that
agreement is accepted by the Secretary concerned.
``(c) Period of Obligated Service.--An agreement entered into with
the Secretary concerned under this section shall require the person
entering into that agreement to serve in the Selected Reserve for a
specified period. The period specified in the agreement shall be any
period not less than three years that the Secretary concerned
determines appropriate to meet the needs of the reserve component in
which the service is to be performed.
``(d) Amount.--The amount of a bonus under this section may be any
amount not in excess of $6,000 that the Secretary concerned determines
appropriate.
``(e) Payment.--Upon acceptance of a written agreement by the
Secretary concerned under this section, the total amount of the bonus
payable under the agreement becomes fixed. The agreement shall specify
whether the bonus is to be paid in one lump sum or in installments.
``(f) Relation to Other Accession Bonus Authority.--No person may
receive an affiliation bonus or accession bonus under this section and
financial assistance under chapter 1608, 1609, or 1611 of title 10, or
under section 302g of this title, for the same period of service.
``(g) Repayment for Failure To Commence or Complete Obligated
Service.--(1) A person who, after receiving all or part of the bonus
under an agreement entered into by that person under this section, does
not accept a commission as an officer or does not commence to
participate or does not satisfactorily participate in the Selected
Reserve for the total period of service specified in the agreement
shall repay to the United States such compensation or benefit, except
under conditions prescribed by the Secretary concerned.
``(2) The Secretary concerned shall include in each agreement
entered into by the Secretary under this section the requirements that
apply for any repayment under this subsection, including the method for
computing the amount of the repayment and any exceptions.
``(3) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States. A
discharge in bankruptcy under title 11 that is entered less than five
years after the termination of an agreement entered into under this
section does not discharge a person from a debt arising under an
agreement entered into under this subsection or a debt arising under
paragraph (1).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``308j. Special pay: bonus for certain initial service of commissioned
officers in the Selected Reserve.''.
SEC. 621. RELATIONSHIP BETWEEN ELIGIBILITY TO RECEIVE SUPPLEMENTAL
SUBSISTENCE ALLOWANCE AND ELIGIBILITY TO RECEIVE IMMINENT
DANGER PAY, FAMILY SEPARATION ALLOWANCE, AND CERTAIN
FEDERAL ASSISTANCE.
(a) Entitlement Not Affected by Receipt of Imminent Danger Pay and
Family Separation Allowance.--Subsection (b)(2) of section 402a of
title 37, United States Code, is amended by striking subparagraph (A)
and inserting the following:
``(A) shall not take into consideration--
``(i) the amount of the supplemental subsistence
allowance that is payable under this section;
``(ii) the amount of special pay (if any) that is
payable under section 310 of this section, relating to
duty subject to hostile fire or imminent danger; or
``(iii) the amount of family separation allowance
(if any) that is payable under section 427 of this
title; but''.
(b) Eligibility for Other Federal Assistance.--Section 402a of such
title is amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Eligibility for Other Federal Assistance.--(1)(A) A child or
spouse of a member of the armed forces receiving the supplemental
subsistence allowance under this section who, except for the receipt of
such allowance, would otherwise be eligible to receive a benefit
described in subparagraph (B) shall be considered to be eligible for
that benefit.
``(B) The benefits referred to in subparagraph (A) are as follows:
``(i) Assistance provided under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.).
``(ii) Assistance provided under the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.).
``(iii) A service under the Head Start Act (42 U.S.C. 9831
et seq.).
``(iv) Assistance under the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et seq.).
``(2) A household that includes a member of the armed forces
receiving the supplemental subsistence allowance under this section
and, except for the receipt of such allowance, would otherwise be
eligible to receive a benefit under the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8621 et seq.) shall be considered to
be eligible for that benefit.''.
(c) Requirement for Report.--(1) Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the committees of Congress named in paragraph (2) a report on
the accessibility of social services to members of the Armed Forces and
their families. The report shall include the following matters:
(A) The social services for which members of the Armed
Forces and their families are eligible under social services
programs generally available to citizens and other nationals of
the United States.
(B) The extent to which members of the Armed Forces and
their families utilize the social services for which they are
eligible under the programs identified under subparagraph (A).
(C) The efforts made by each of the military departments--
(i) to ensure that members of the Armed Forces and
their families are aware of the social services for
which they are eligible under the programs identified
under subparagraph (A); and
(ii) to assist members and their families in
applying for and obtaining such social services.
(2) The committees of Congress referred to in paragraph (1) are as
follows:
(A) The Committee on Armed Services and the Committee on
Health, Education, Labor, and Pensions of the Senate.
(B) The Committee on Armed Services of the House of
Representatives.
(d) Effective Date.--(1) Except as provided in paragraph (2), this
section and the amendments made by this section shall take effect on
October 1, 2004.
(2) Subsection (c) shall take effect on the date of the enactment
of this Act.
Subtitle C--Travel and Transportation Allowances
SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY MEMBERS TO
ATTEND BURIAL CEREMONIES OF MEMBERS WHO DIE ON DUTY.
(a) Authorized Travel Destination.--Subsection (a)(1) of section
411f of title 37, United States Code, is amended by inserting before
the period at the end the following: ``at the location determined under
subsection (a)(8) or (d)(2) of section 1482 of title 10''.
(b) Limitation on Amount.--Subsection (b) of such section is
amended to read as follows:
``(b) Limitation on Amount.--Allowances for travel under subsection
(a) may not exceed the rates for two days and the time necessary for
such travel.''.
(c) Unconditional Eligibility of Deceased's Parents.--Subsection
(c)(1)(C) of such section is amended by striking ``If no person
described in subparagraph (A) or (B) is provided travel and
transportation allowances under subsection (a)(1), the'' and inserting
``The''.
SEC. 632. LODGING COSTS INCURRED IN CONNECTION WITH DEPENDENT STUDENT
TRAVEL.
(a) Authority.--Section 430(b)(1) of title 37, United States Code,
is amended--
(1) by inserting ``(A)'' after ``(b) Allowance
Authorized.--(1)''; and
(2) by adding at the end the following new subparagraph:
``(B) The allowance authorized under subparagraph (A) for an
eligible dependent's travel may include reimbursement for costs that
are incurred by or for the dependent for lodging of the dependent that
is necessitated by an interruption in the travel caused by
extraordinary circumstances prescribed in the regulations under
subsection (a). The amount of a reimbursement payable under this
subparagraph shall be a rate that is applicable to the circumstances
under regulations prescribed by the Secretaries concerned.''.
(b) Effective Date and Applicability.--The amendments made by
subsection (a) shall take effect on October 1, 2004, and shall apply
with respect to lodging that commences on or after such date.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 641. SPECIAL RULE FOR COMPUTING THE HIGH-36 MONTH AVERAGE FOR
DISABLED MEMBERS OF RESERVE COMPONENTS.
(a) Computation of High 36-Month Average.--Subsection (c) of
section 1407 of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(3) Special rule for reserve component members.--In the
application of paragraphs (1) and (2) to a member of a reserve
component of a uniformed service who is entitled to retired pay
under section 1201 or 1202 of this title, each month during
which the member performed duty for which basic pay is paid
under section 203 of title 37 or compensation is paid under
section 206 of such title shall be treated as if it were one
month of active service.''.
(b) Effective Dates and Applicability.--(1) Paragraph (3) of
section 1407(c) of title 10, United States Code (as added by subsection
(a)), shall take effect on October 1, 2004, and shall apply with
respect to months beginning on or after such date, except as provided
in paragraph (2).
(2) For the computation of survivor annuities under subparagraph
(A)(i) or (B) of section 1451(c)(1) of title 10, United States Code (as
amended by section 642(b) of Public Law 107-107; 115 Stat. 1152)),
paragraph (3) of section 1407(c) of title 10, United States Code (as
added by subsection (a)), shall take effect as of September 10, 2001,
and shall apply with respect to deaths of members of the uniformed
services occurring on or after that date.
SEC. 642. DEATH BENEFITS ENHANCEMENT.
(a) Final Actions on Fiscal Year 2004 Death Benefits Study.--(1)
Congress finds that the study of the Federal death benefits for
survivors of deceased members of the Armed Forces under section 647 of
the National Defense Authorization Act for Fiscal Year 2004 (Public Law
108-136; 117 Stat. 1520) has given Congress sufficient insight to
initiate action to provide for the enhancement of the current set of
death benefits that are provided under law for the survivors.
(2) The Secretary of Defense shall expedite the completion and
submission of the final report, which was due on March 1, 2004, under
section 647 of the National Defense Authorization Act for Fiscal Year
2004.
(3) It is the sense of Congress that the President should promptly
submit to Congress any recommendation for legislation, together with a
request for appropriations, that the President determines necessary to
implement the death benefits enhancements that are recommended in the
final report under section 647 of the National Defense Authorization
Act for Fiscal Year 2004.
(b) Increases of Death Gratuity Consistent With Increases of Rates
of Basic Pay.--Section 1478 of title 10, United States Code, is
amended--
(1) in subsection (a), by inserting ``(as adjusted under
subsection (c)'' before the period at the end of the first
sentence; and
(2) by adding at the end the following new subsection:
``(c) Effective on the date on which rates of basic pay under
section 204 of this title are increased under section 1009 of title 37
or any other provision of law, the amount of the death gratuity
provided under subsection (a) shall be increased by the same overall
average percentage of the increase in the rates of basic pay taking
effect on that date.''.
(c) Fiscal Year 2005 Actions.--At the same time that the President
submits to Congress the budget for fiscal year 2006 under section
1105(a) of title 31, United States Code, the President shall submit to
the appropriate committees of Congress referred to in subsection (g) a
draft or drafts of legislation to provide enhanced death benefits for
survivors of deceased members of the uniformed services. The draft
legislation shall include provisions for the following:
(1) Revision of the Servicemembers' Group Life Insurance
program to provide for--
(A) an increase of the maximum benefit provided
under Servicemembers' Group Life Insurance to $350,000,
together with an increase, each fiscal year, by the
same overall average percentage increase that takes
effect during such fiscal year in the rates of basic
pay under section 204 of title 37, United States Code;
and
(B) a minimum benefit of $100,000 at no cost to the
insured members of the uniformed services who elect the
maximum coverage, together with an increase in such
minimum benefit each fiscal year by the same percentage
increase as is described in subparagraph (A).
(2) An additional set of death benefits for each member of
the uniformed services who dies in the line of duty while on
active duty that includes, at a minimum, an additional death
gratuity in the amount that--
(A) in the case of a member not described in
subparagraph (B), is equal to the sum of--
(i) the total amount of the basic pay to
which the deceased member would have been
entitled under section 204 of title 37, United
States Code, if the member had not died and had
continued to serve on active duty for an
additional year; and
(ii) the total amount of all allowances and
special pays that the member would have been
entitled to receive under title 37, United
States Code, over the one-year period beginning
on the member's date of death if the member had
not died and had continued to serve on active
duty for an additional year with the unit to
which the member was assigned or detailed on
such date; and
(B) in the case of a member who dies as a result of
an injury caused by or incurred while exposed to
hostile action (including any hostile fire or explosion
and any hostile action from a terrorist source), is
equal to twice the amount calculated under subparagraph
(A).
(3) Any other new death benefits or enhancement of existing
death benefits that the President recommends.
(4) Retroactive applicability of the benefits referred to
in paragraph (2) and, as appropriate, the benefits recommended
under paragraph (3) so as to provide the benefits--
(A) for members of the uniformed services who die
in line of duty on or after October 7, 2001, of a cause
incurred or aggravated while deployed in support of
Operation Enduring Freedom; and
(B) for members of the uniformed services who die
in line of duty on or after March 19, 2003, of a cause
incurred or aggravated while deployed in support of
Operation Iraqi Freedom.
(d) Consultation.--The President shall consult with the Secretary
of Defense and the Secretary of Veterans Affairs in developing the
draft legislation required under subsection (c).
(e) Fiscal Year 2006 Budget Submission.--The budget for fiscal year
2006 that is submitted to Congress under section 1105(a) of title 31,
United States Code, shall include draft legislation (other than draft
appropriations) that includes provisions that, on the basis of the
assumption that the draft legislation submitted under subsection (c)
would be enacted and would take effect in fiscal year 2006--
(1) would offset fully the increased outlays that would
result from enactment of the provisions of the draft
legislation submitted under subsection (c), for fiscal year
2006 and each of the ensuing nine fiscal years;
(2) expressly state that they are proposed for the purpose
of the offset described in paragraph (1); and
(3) are included in full in the estimates that are made by
the Director of the Congressional Budget Office and the
Director of the Office of Management and Budget under section
252(d) of the Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 902(d)) with respect to the fiscal years
referred to in paragraph (1).
(f) Early Submission of Proposal for Additional Death Benefits.--
Congress urges the President to submit the draft of legislation for the
additional set of death benefits under paragraph (2) of subsection (c)
before the time for submission required under that subsection and as
soon as is practicable after the date of the enactment of this Act.
(g) Appropriate Committees of Congress.--For the purposes of
subsection (c), the appropriate committees of Congress are as follows:
(1) The Committees on Armed Services of the Senate and the
House of Representatives, with respect to draft legislation
that is within the jurisdiction of such committees.
(2) The Committees on Veterans Affairs of the Senate and
the House of Representatives, with respect to draft legislation
within the jurisdiction of such committees.
SEC. 643. REPEAL OF PHASE-IN OF CONCURRENT RECEIPT OF RETIRED PAY AND
VETERANS' DISABILITY COMPENSATION FOR VETERANS WITH
SERVICE-CONNECTED DISABILITIES RATED AS 100 PERCENT.
Section 1414 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by inserting after the first sentence the
following new sentence: ``During the period beginning
on January 1, 2004, and ending on December 31, 2004,
payment of retired pay to such a qualified retiree
described in subsection (c)(1)(B) is subject to
subsection (c).''; and
(B) in the last sentence, by inserting ``(other
than a qualified retiree covered by the preceding
sentence)'' after ``such a qualified retiree''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting
``(other than a retiree described by
subparagraph (B))'' after ``the retiree'';
(ii) by redesignating subparagraphs (B)
through (F) as subparagraphs (C) through (G),
respectively; and
(iii) by inserting after subparagraph (A)
the following new subparagraph (B):
``(B) For a month for which the retiree receives
veterans' disability compensation for a disability
rated as 100 percent, $750.'';
(B) by redesignating paragraph (11) as paragraph
(12); and
(C) by inserting after paragraph (10) the following
new paragraph (11):
``(11) Inapplicability to veterans with disabilities rated
as 100 percent after calendar year 2004.--This subsection shall
not apply to a qualified retiree described by paragraph (1)(B)
after calendar year 2004.''.
SEC. 644. FULL SBP SURVIVOR BENEFITS FOR SURVIVING SPOUSES OVER AGE 62.
(a) Phased Increase in Basic Annuity.--
(1) Increase to 55 percent.--Subsection (a)(1)(B)(i) of
section 1451 of title 10, United States Code, is amended by
striking ``35 percent of the base amount.'' and inserting ``the
product of the base amount and the percent applicable for the
month. The percent applicable for a month is 35 percent for
months beginning before October 2005, 40 percent for months
beginning after September 2005 and before October 2008, 45
percent for months beginning after September 2008, and 55
percent for months beginning after September 2014.''.
(2) Reserve-component annuity.--Subsection (a)(2)(B)(i)(I)
of such section is amended by striking ``35 percent'' and
inserting ``the percent specified under paragraph (1)(B)(i) as
being applicable for the month''.
(3) Special-eligibility annuity.--Subsection (c)(1)(B)(i)
of such section is amended--
(A) by striking ``35 percent'' and inserting ``the
applicable percent''; and
(B) by adding at the end the following: ``The
percent applicable for a month under the preceding
sentence is the percent specified under subsection
(a)(1)(B)(i) as being applicable for the month.''.
(4) Conforming amendment.--The heading for subsection
(d)(2)(A) of such section is amended to read as follows:
``Computation of Annuity.--''.
(b) Phased Elimination of Supplemental Annuity.--
(1) Decreasing percentages.--Section 1457(b) of title 10,
United States Code, is amended--
(A) by striking ``5, 10, 15, or 20 percent'' and
inserting ``the applicable percent''; and
(B) by inserting after the first sentence the
following: ``The percent used for the computation shall
be an even multiple of 5 percent and, whatever the
percent specified in the election, may not exceed 20
percent for months beginning before October 2005, 15
percent for months beginning after September 2005 and
before October 2008, and 10 percent for months
beginning after September 2008.''.
(2) Repeal of program in 2014.--Effective on October 1,
2014, chapter 73 of such title is amended--
(A) by striking subchapter III; and
(B) by striking the item relating to subchapter III
in the table of subchapters at the beginning of that
chapter.
(c) Recomputation of Annuities.--
(1) Requirement for recomputation.--Effective on the first
day of each month referred to in paragraph (2)--
(A) each annuity under section 1450 of title 10,
United States Code, that commenced before that month,
is computed under a provision of section 1451 of that
title amended by subsection (a), and is payable for
that month shall be recomputed so as to be equal to the
amount that would be in effect if the percent
applicable for that month under that provision, as so
amended, had been used for the initial computation of
the annuity; and
(B) each supplemental survivor annuity under
section 1457 of such title that commenced before that
month and is payable for that month shall be recomputed
so as to be equal to the amount that would be in effect
if the percent applicable for that month under that
section, as amended by this section, had been used for
the initial computation of the supplemental survivor
annuity.
(2) Times for recomputation.--The requirements for
recomputation of annuities under paragraph (1) apply with
respect to the following months:
(A) October 2005.
(B) October 2008.
(C) October 2014.
(d) Recomputation of Retired Pay Reductions for Supplemental
Survivor Annuities.--The Secretary of Defense shall take such actions
as are necessitated by the amendments made by subsection (b) and the
requirements of subsection (c)(1)(B) to ensure that the reductions in
retired pay under section 1460 of title 10, United States Code, are
adjusted to achieve the objectives set forth in subsection (b) of that
section.
SEC. 645. OPEN ENROLLMENT PERIOD FOR SURVIVOR BENEFIT PLAN COMMENCING
OCTOBER 1, 2005.
(a) Persons Not Currently Participating in Survivor Benefit Plan.--
(1) Election of sbp coverage.--An eligible retired or
former member may elect to participate in the Survivor Benefit
Plan under subchapter II of chapter 73 of title 10, United
States Code, during the open enrollment period specified in
subsection (f).
(2) Election of supplemental annuity coverage.--An eligible
retired or former member who elects under paragraph (1) to
participate in the Survivor Benefit Plan at the maximum level
may also elect during the open enrollment period to participate
in the Supplemental Survivor Benefit Plan established under
subchapter III of chapter 73 of title 10, United States Code.
(3) Eligible retired or former member.--For purposes of
paragraphs (1) and (2), an eligible retired or former member is
a member or former member of the uniformed services who on the
day before the first day of the open enrollment period is not a
participant in the Survivor Benefit Plan and--
(A) is entitled to retired pay; or
(B) would be entitled to retired pay under chapter
1223 of title 10, United States Code, but for the fact
that such member or former member is under 60 years of
age.
(4) Status under sbp of persons making elections.--
(A) Standard annuity.--A person making an election
under paragraph (1) by reason of eligibility under
paragraph (3)(A) shall be treated for all purposes as
providing a standard annuity under the Survivor Benefit
Plan.
(B) Reserve-component annuity.--A person making an
election under paragraph (1) by reason of eligibility
under paragraph (3)(B) shall be treated for all
purposes as providing a reserve-component annuity under
the Survivor Benefit Plan.
(b) Election To Increase Coverage Under SBP.--A person who on the
day before the first day of the open enrollment period is a participant
in the Survivor Benefit Plan but is not participating at the maximum
base amount or is providing coverage under the Plan for a dependent
child and not for the person's spouse or former spouse may, during the
open enrollment period, elect to--
(1) participate in the Plan at a higher base amount (not in
excess of the participant's retired pay); or
(2) provide annuity coverage under the Plan for the
person's spouse or former spouse at a base amount not less than
the base amount provided for the dependent child.
(c) Election for Current SBP Participants To Participate in
Supplemental SBP.--
(1) Election.--A person who is eligible to make an election
under this paragraph may elect during the open enrollment
period to participate in the Supplemental Survivor Benefit Plan
established under subchapter III of chapter 73 of title 10,
United States Code.
(2) Persons eligible.--Except as provided in paragraph (3),
a person is eligible to make an election under paragraph (1) if
on the day before the first day of the open enrollment period
the person is a participant in the Survivor Benefit Plan at the
maximum level, or during the open enrollment period the person
increases the level of such participation to the maximum level
under subsection (b) of this section, and under that Plan is
providing annuity coverage for the person's spouse or a former
spouse.
(3) Limitation on eligibility for certain sbp participants
not affected by two-tier annuity computation.--A person is not
eligible to make an election under paragraph (1) if (as
determined by the Secretary concerned) the annuity of a spouse
or former spouse beneficiary of that person under the Survivor
Benefit Plan is to be computed under section 1451(e) of title
10, United States Code. However, such a person may during the
open enrollment period waive the right to have that annuity
computed under such section 1451(e). Any such election is
irrevocable. A person making such a waiver may make an election
under paragraph (1) as in the case of any other participant in
the Survivor Benefit Plan.
(d) Manner of Making Elections.--An election under this section
shall be made in writing, signed by the person making the election, and
received by the Secretary concerned before the end of the open
enrollment period. Any such election shall be made subject to the same
conditions, and with the same opportunities for designation of
beneficiaries and specification of base amount, that apply under the
Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the
case may be. A person making an election under subsection (a) to
provide a reserve-component annuity shall make a designation described
in section 1448(e) of title 10, United States Code.
(e) Effective Date for Elections.--Any such election shall be
effective as of the first day of the first calendar month following the
month in which the election is received by the Secretary concerned.
(f) Open Enrollment Period.--The open enrollment period under this
section shall be the one-year period beginning on October 1, 2005.
(g) Effect of Death of Person Making Election Within Two Years of
Making Election.--If a person making an election under this section
dies before the end of the two-year period beginning on the effective
date of the election, the election is void and the amount of any
reduction in retired pay of the person that is attributable to the
election shall be paid in a lump sum to the person who would have been
the deceased person's beneficiary under the voided election if the
deceased person had died after the end of such two-year period.
(h) Applicability of Certain Provisions of Law.--The provisions of
sections 1449, 1453, and 1454 of title 10, United States Code, are
applicable to a person making an election, and to an election, under
this section in the same manner as if the election were made under the
Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the
case may be.
(i) Additional Premium.--The Secretary of Defense shall prescribe
in regulations premiums which a person electing under this section
shall be required to pay for participating in the Survivor Benefit Plan
pursuant to the election. The total amount of the premiums to be paid
by a person under the regulations shall be equal to the sum of--
(i) the total amount by which the retired pay of the person
would have been reduced before the effective date of the
election if the person had elected to participate in the
Survivor Benefit Plan (for the same base amount specified in
the election) at the first opportunity that was afforded the
member to participate under chapter 73 of title 10, United
States Code;
(ii) interest on the amounts by which the retired pay of
the person would have been so reduced, computed from the dates
on which the retired pay would have been so reduced at such
rate or rates and according to such methodology as the
Secretary of Defense determines reasonable; and
(iii) any additional amount that the Secretary determines
necessary to protect the actuarial soundness of the Department
of Defense Military Retirement Fund against any increased risk
for the fund that is associated with the election.
(A) Premiums paid under the regulations shall be credited to the
Department of Defense Military Retirement Fund.
(B) In this paragraph, the term ``Department of Defense Military
Retirement Fund'' means the Department of Defense Military Retirement
Fund established under section 1461(a) of title 10, United States Code.
Subtitle E--Other Matters
SEC. 651. INCREASED MAXIMUM PERIOD FOR LEAVE OF ABSENCE FOR PURSUIT OF
A PROGRAM OF EDUCATION IN A HEALTH CARE PROFESSION.
Section 708(a) of title 10, United States Code, is amended--
(1) by striking ``for a period not to exceed two years'';
and
(2) by adding at the end the following: ``The period of a
leave of absence granted under this section may not exceed two
years, except that the period may exceed two years but may not
exceed three years in the case of an eligible member pursuing a
program of education in a health care profession.''.
SEC. 652. ELIGIBILITY OF MEMBERS FOR REIMBURSEMENT OF EXPENSES INCURRED
FOR ADOPTION PLACEMENTS MADE BY FOREIGN GOVERNMENTS.
Section 1052(g)(3) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(D) A foreign government or an agency authorized
by a foreign government to place children for adoption,
in any case in which--
``(i) the adopted child is entitled to
automatic citizenship under section 320 of the
Immigration and Nationality Act (8 U.S.C.
1431); or
``(ii) a certificate of citizenship has
been issued for such child under section 322 of
that Act (8 U.S.C. 1433).''.
SEC. 653. ACCEPTANCE OF FREQUENT TRAVELER MILES, CREDITS, AND TICKETS
TO FACILITATE THE AIR OR SURFACE TRAVEL OF CERTAIN
MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES.
Section 2608 of title 10, United States Code, is amended--
(1) by redesignating subsections (g) through (k) as
subsections (h) through (l), respectively; and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Operation Hero Miles.--(1) The Secretary of Defense may use
the authority of subsection (a) to accept the donation of frequent
traveler miles, credits, and tickets for air or surface transportation
issued by any air carrier or surface carrier that serves the public and
that consents to such donation, and under such terms and conditions as
the air or surface carrier may specify. The Secretary shall designate a
single office in the Department of Defense to carry out this
subsection, including the establishment of such rules and procedures as
may be necessary to facilitate the acceptance of such frequent traveler
miles, credits, and tickets.
``(2) Frequent traveler miles, credits, and tickets accepted under
this subsection shall be used only in accordance with the rules
established by the air carrier or surface carrier that is the source of
the miles, credits, or tickets and shall be used only for the following
purposes:
``(A) To facilitate the travel of a member of the armed
forces who--
``(i) is deployed on active duty outside the United
States away from the permanent duty station of the
member in support of a contingency operation; and
``(ii) is granted, during such deployment, rest and
recuperative leave, emergency leave, convalescent
leave, or another form of leave authorized for the
member.
``(B) In the case of a member of the armed forces
recuperating from an injury or illness incurred or aggravated
in the line of duty during such deployment, to facilitate the
travel of family members of the member to be reunited with the
member.
``(3) For the use of miles, credits, or tickets under paragraph
(2)(B) by family members of a member of the armed forces, the Secretary
may, as the Secretary determines appropriate, limit--
``(A) eligibility to family members who, by reason of
affinity, degree of consanguinity, or otherwise, are
sufficiently close in relationship to the member of the armed
forces to justify the travel assistance;
``(B) the number of family members who may travel; and
``(C) the number of trips that family members may take.
``(4) Notwithstanding paragraph (2), the Secretary of Defense may,
in an exceptional case, authorize a person not described in
subparagraph (B) of that paragraph to use frequent traveler miles,
credits, or a ticket accepted under this subsection to visit a member
of the armed forces described in such subparagraph if that person has a
notably close relationship with the member. The frequent traveler
miles, credits, or ticket may be used by such person only in accordance
with such conditions and restrictions as the Secretary determines
appropriate and the rules established by the air carrier or surface
carrier that is the source of the miles, credits, or ticket.
``(5) The Secretary of Defense shall encourage air carriers and
surface carriers to participate in, and to facilitate through
minimization of restrictions and otherwise, the donation, acceptance,
and use of frequent traveler miles, credits, and tickets under this
section.
``(6) The Secretary of Defense may enter into an agreement with a
nonprofit organization to use the services of the organization--
``(A) to promote the donation of frequent traveler miles,
credits, and tickets under paragraph (1), except that amounts
appropriated to the Department of Defense may not be expended
for this purpose; and
``(B) to assist in administering the collection,
distribution, and use of donated frequent traveler miles,
credits, and tickets.
``(7) Members of the armed forces, family members, and other
persons who receive air or surface transportation using frequent
traveler miles, credits, or tickets donated under this subsection are
deemed to recognize no income from such use. Donors of frequent
traveler miles, credits, or tickets under this subsection are deemed to
obtain no tax benefit from such donation.
``(8) In this subsection, the term `family member' has the meaning
given that term in section 411h(b)(1) of title 37.''.
SEC. 654. CHILD CARE FOR CHILDREN OF MEMBERS OF ARMED FORCES ON ACTIVE
DUTY FOR OPERATION ENDURING FREEDOM OR OPERATION IRAQI
FREEDOM.
(a) Child Care for Children Without Access to Military Child
Care.--(1) In any case where the children of a covered member of the
Armed Forces are geographically dispersed and do not have practical
access to a military child development center, the Secretary of Defense
may, to the extent funds are available for such purpose, provide such
funds as are necessary permit the member's family to secure access for
such children to State licensed child care and development programs and
activities in the private sector that are similar in scope and quality
to the child care and development programs and activities the Secretary
would otherwise provide access to under subchapter II of chapter 88 of
title 10, United States Code, and other applicable provisions of law.
(2) Funds may be provided under paragraph (1) in accordance with
the provisions of section 1798 of title 10, United States Code, or by
such other mechanism as the Secretary considers appropriate.
(3) The Secretary shall prescribe in regulations priorities for the
allocation of funds for the provision of access to child care under
paragraph (1) in circumstances where funds are inadequate to provide
all children described in that paragraph with access to child care as
described in that paragraph.
(b) Preservation of Services and Programs.--The Secretary shall
provide for the attendance and participation of children in military
child development centers and child care and development programs and
activities under subsection (a) in a manner that preserves the scope
and quality of child care and development programs and activities
otherwise provided by the Secretary.
(c) Funding.--Amounts otherwise available to the Department of
Defense and the military departments under this Act may be available
for purposes of providing access to child care under subsection (a).
(d) Definitions.--In this section:
(1) The term ``covered members of the Armed Forces'' means
members of the Armed Forces on active duty, including members
of the Reserves who are called or ordered to active duty under
a provision of law referred to in section 101(a)(13)(B) of
title 10, United States Code, for Operation Enduring Freedom or
Operation Iraqi Freedom.
(2) The term ``military child development center'' has the
meaning given such term in section 1800(1) of title 10, United
States Code.
SEC. 655. RELIEF FOR MOBILIZED MILITARY RESERVISTS FROM CERTAIN FEDERAL
AGRICULTURAL LOAN OBLIGATIONS.
The Consolidated Farm and Rural Development Act is amended by
inserting after section 331F (7 U.S.C. 1981f) the following:
``SEC. 332. RELIEF FOR MOBILIZED MILITARY RESERVISTS FROM CERTAIN
AGRICULTURAL LOAN OBLIGATIONS.
``(a) Definition of Mobilized Military Reservist.--In this section,
the term `mobilized military reservist' means an individual who--
``(1) is on active duty under section 688, 12301(a),
12301(g), 12302, 12304, 12306, or 12406, or chapter 15 of title
10, United States Code, or any other provision of law during a
war or during a national emergency declared by the President or
Congress, regardless of the location at which the active duty
service is performed; or
``(2) in the case of a member of the National Guard, is on
full-time National Guard duty (as defined in section 101(d)(5)
of title 10, United States Code) under a call to active service
authorized by the President or the Secretary of Defense for a
period of more than 30 consecutive days under section 502(f) of
title 32, United States Code, for purposes of responding to a
national emergency declared by the President and supported by
Federal funds.
``(b) Forgiveness of Interest Payments Due While Borrower Is a
Mobilized Military Reservist.--Any requirement that a borrower of a
direct loan made under this title make any interest payment on the loan
that would otherwise be required to be made while the borrower is a
mobilized military reservist is rescinded.
``(c) Deferral of Principal Payments Due While or After Borrower Is
a Mobilized Military Reservist.--The due date of any payment of
principal on a direct loan made to a borrower under this title that
would otherwise be required to be made while or after the borrower is a
mobilized military reservist is deferred for a period equal in length
to the period for which the borrower is a mobilized military reservist.
``(d) Nonaccrual of Interest.--Interest on a direct loan made to a
borrower described in this section shall not accrue during the period
the borrower is a mobilized military reservist.
``(e) Borrower Not Considered To Be Delinquent or Receiving Debt
Forgiveness.--Notwithstanding section 373 or any other provision of
this title, a borrower who receives assistance under this section shall
not, as a result of the assistance, be considered to be delinquent or
receiving debt forgiveness for purposes of receiving a direct or
guaranteed loan under this title.''.
TITLE VII--HEALTH CARE
Subtitle A--Enhanced Benefits for Reserves
SEC. 701. DEMONSTRATION PROJECT ON HEALTH BENEFITS FOR RESERVES.
(a) Demonstration Project Required.--The Secretary of Defense shall
carry out a demonstration project under section 1092 of title 10,
United States Code, to assess the need for, and feasibility of,
providing benefits under the TRICARE program to members of the Ready
Reserve of the Armed Forces who are (1) eligible unemployment
compensation recipients, (2) in a period of continuous unemployment
from the end of their last month as eligible unemployment compensation
recipients, or (3) ineligible for coverage by employer-sponsored health
benefits plans for employees.
(b) Definition.--In this section, the term ``eligible unemployment
compensation recipient'' has the meaning given such term in section
1076b(j) of title 10, United States Code.
SEC. 702. PERMANENT EARLIER ELIGIBILITY DATE FOR TRICARE BENEFITS FOR
MEMBERS OF RESERVE COMPONENTS.
Section 1074(d) of title 10, United States Code, is amended by
striking paragraph (3).
SEC. 703. WAIVER OF CERTAIN DEDUCTIBLES FOR MEMBERS ON ACTIVE DUTY FOR
A PERIOD OF MORE THAN 30 DAYS.
Section 1095d(a) of title 10, United States Code, is amended by
striking ``a period of less than one year'' both places that it appears
and inserting ``a period of more than 30 days''.
SEC. 704. PROTECTION OF DEPENDENTS FROM BALANCE BILLING.
Section 1079(h)(4) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(C) In the case of a member of the reserve components serving on
active duty for a period of more than 30 days in support of a
contingency operation under a provision of law referred to in section
101(a)(13)(B) of this title, the Secretary may pay the amount
applicable under subparagraph (B) to a dependent of such member who is
referred to in subparagraph (A).''.
SEC. 705. PERMANENT EXTENSION OF TRANSITIONAL HEALTH CARE BENEFITS AND
ADDITION OF REQUIREMENT FOR PRESEPARATION PHYSICAL
EXAMINATION.
(a) Permanent Requirement.--(1) Paragraph (3) of section 1145(a) of
title 10, United States Code, is amended to read as follows:
``(3) Transitional health care for a member under subsection (a)
shall be available for 180 days beginning on the date on which the
member is separated from active duty.''.
(2) The following provisions of law are repealed:
(A) Section 704 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1527; 10
U.S.C. 1145 note).
(B) Section 1117 of the Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of
Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1218;
10 U.S.C. 1145 note).
(b) Requirement for Physical Examination.--Such section 1145(a), as
amended by subsection (a), is further amended by adding at the end the
following new paragraph:
``(4) The Secretary concerned shall require each member referred to
in paragraph (1) to undergo a comprehensive physical examination
immediately before the member is separated from active duty as
described in paragraph (2).''.
SEC. 706. EXPANDED ELIGIBILITY OF READY RESERVE MEMBERS UNDER TRICARE
PROGRAM.
(a) Unconditional Eligibility.--Subsection (a) of section 1076b of
title 10, United States Code, is amended by striking ``is eligible,
subject to subsection (h), to enroll in TRICARE'' and all that follows
through ``an employer-sponsored health benefits plan'' and inserting
``, except for a member who is enrolled or is eligible to enroll in a
health benefits plan under chapter 89 of title 5, is eligible to enroll
in TRICARE, subject to subsection (h)''.
(b) Permanent Authority.--Subsection (l) of such section is
repealed.
(c) Conforming Repeal of Obsolete Provisions.--Such section is
further amended--
(1) by striking subsections (i) and (j); and
(2) by redesignating subsection (k) as subsection (i).
SEC. 707. CONTINUATION OF NON-TRICARE HEALTH BENEFITS PLAN COVERAGE FOR
CERTAIN RESERVES CALLED OR ORDERED TO ACTIVE DUTY AND
THEIR DEPENDENTS.
(a) Required Continuation.--(1) Chapter 55 of title 10, United
States Code, is amended by inserting after section 1078a the following
new section:
``Sec. 1078b. Continuation of non-TRICARE health benefits plan coverage
for dependents of certain Reserves called or ordered to
active duty
``(a) Payment of Premiums.--The Secretary concerned shall pay the
applicable premium to continue in force any qualified health benefits
plan coverage for the members of the family of an eligible reserve
component member for the benefits coverage continuation period if
timely elected by the member in accordance with regulations prescribed
under subsection (j).
``(b) Eligible Member; Family Members.--(1) A member of a reserve
component is eligible for payment of the applicable premium for
continuation of qualified health benefits plan coverage under
subsection (a) while serving on active duty pursuant to a call or order
issued under a provision of law referred to in section 101(a)(13)(B) of
this title during a war or national emergency declared by the President
or Congress.
``(2) For the purposes of this section, the members of the family
of an eligible reserve component member include only the member's
dependents described in subparagraphs (A), (D), and (I) of section
1072(2) of this title.
``(c) Qualified Health Benefits Plan Coverage.--For the purposes of
this section, health benefits plan coverage for the members of the
family of a reserve component member called or ordered to active duty
is qualified health benefits plan coverage if--
``(1) the coverage was in force on the date on which the
Secretary notified the reserve component member that issuance
of the call or order was pending or, if no such notification
was provided, the date of the call or order;
``(2) on such date, the coverage applied to the reserve
component member and members of the family of the reserve
component member; and
``(3) the coverage has not lapsed.
``(d) Applicable Premium.--The applicable premium payable under
this section for continuation of health benefits plan coverage for the
family members of a reserve component member is the amount of the
premium payable by the member for the coverage of the family members.
``(e) Maximum Amount.--The total amount that the Department of
Defense may pay for the applicable premium of a health benefits plan
for the family members of a reserve component member under this section
in a fiscal year may not exceed the amount determined by multiplying--
``(1) the sum of one plus the number of the family members
covered by the health benefits plan, by
``(2) the per capita cost of providing TRICARE coverage and
benefits for dependents under this chapter for such fiscal
year, as determined by the Secretary of Defense.
``(f) Benefits Coverage Continuation Period.--The benefits coverage
continuation period under this section for qualified health benefits
plan coverage for the family members of an eligible reserve component
member called or ordered to active duty is the period that--
``(1) begins on the date of the call or order; and
``(2) ends on the earlier of--
``(A) the date on which the reserve component
member's eligibility for transitional health care under
section 1145(a) of this title terminates under
paragraph (3) of such section; or
``(B) the date on which the reserve component
member elects to terminate the continued qualified
health benefits plan coverage of the member's family
members.
``(g) Extension of Period of COBRA Coverage.--Notwithstanding any
other provision of law--
``(1) any period of coverage under a COBRA continuation
provision (as defined in section 9832(d)(1) of the Internal
Revenue Code of 1986) for an eligible reserve component member
under this section shall be deemed to be equal to the benefits
coverage continuation period for such member under this
section; and
``(2) with respect to the election of any period of
coverage under a COBRA continuation provision (as so defined),
rules similar to the rules under section 4980B(f)(5)(C) of such
Code shall apply.
``(h) Nonduplication of Benefits.--A member of the family of a
reserve component member who is eligible for benefits under qualified
health benefits plan coverage paid on behalf of the reserve component
member by the Secretary concerned under this section is not eligible
for benefits under the TRICARE program during a period of the coverage
for which so paid.
``(i) Revocability of Election.--A reserve component member who
makes an election under subsection (a) may revoke the election. Upon
such a revocation, the member's family members shall become eligible
for benefits under the TRICARE program as provided for under this
chapter.
``(j) Regulations.--The Secretary of Defense shall prescribe
regulations for carrying out this section. The regulations shall
include such requirements for making an election of payment of
applicable premiums as the Secretary considers appropriate.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1078a the
following new item:
``1078b. Continuation of non-TRICARE health benefits plan coverage for
dependents of certain Reserves called or
ordered to active duty.''.
(b) Applicability.--Section 1078b of title 10, United States Code
(as added by subsection (a)), shall apply with respect to calls or
orders of members of reserve components of the Armed Forces to active
duty as described in subsection (b) of such section, that are issued by
the Secretary of a military department before, on, or after the date of
the enactment of this Act, but only with respect to qualified health
benefits plan coverage (as described in subsection (c) of such section)
that is in effect on or after the date of the enactment of this Act.
Subtitle B--Other Matters
SEC. 711. REPEAL OF REQUIREMENT FOR PAYMENT OF SUBSISTENCE CHARGES
WHILE HOSPITALIZED.
(a) Repeal.--Section 1075 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 55 of such title is amended by striking the item relating to
section 1075.
SEC. 712. OPPORTUNITY FOR YOUNG CHILD DEPENDENT OF DECEASED MEMBER TO
BECOME ELIGIBLE FOR ENROLLMENT IN A TRICARE DENTAL PLAN.
Section 1076a(k)(2) of title 10, United States Code, is amended--
(1) by striking ``under subsection (a) or'' and inserting
``under subsection (a),''; and
(2) by inserting after ``under subsection (f),'' the
following: ``or is not enrolled because the dependent is a
child under the minimum age for enrollment,''.
SEC. 713. PEDIATRIC DENTAL PRACTICE NECESSARY FOR PROFESSIONAL
ACCREDITATION.
Section 1077(c) of title 10, United States Code, is amended--
(1) by striking ``A dependent'' and inserting ``(1) Except
as specified in paragraph (2), a dependent''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Dependents 12 years of age or younger who are covered by a
dental plan under section 1076a of this title may be treated by
postgraduate dental students in a dental treatment facility of the
uniformed services accredited by the American Dental Association under
a graduate dental education program accredited by the American Dental
Association if--
``(i) treatment of pediatric dental patients is necessary
in order to satisfy an accreditation standard of the American
Dental Association that is applicable to such facility or
program, or training in pediatric dental care is necessary for
the students to be professionally qualified to provide dental
care for dependent children accompanying members of the
uniformed services outside the United States; and
``(ii) the caseload of pediatric patients at such facility
is insufficient to support satisfaction of the accreditation or
professional requirements in pediatric dental care that apply
to such facility, program, or students.
``(B) The total number of dependents treated in all facilities of
the uniformed services under subparagraph (A) in a fiscal year may not
exceed 2,000.''.
SEC. 714. SERVICES OF MARRIAGE AND FAMILY THERAPISTS.
(a) Authority To Enter Into Personal Services Contracts.--Section
704(c)(2) of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 108 Stat. 2799; 10 U.S.C. 1091 note) is
amended by inserting ``marriage and family therapists certified as such
by a certification recognized by the Secretary of Defense,'' after
``psychologists,''.
(b) Applicability of Licensure Requirement for Health-Care
Professionals.--Section 1094(e)(2) of title 10, United States Code, is
amended by inserting ``marriage and family therapist certified as such
by a certification recognized by the Secretary of Defense,'' after
``psychologist,''.
SEC. 715. CHIROPRACTIC HEALTH CARE BENEFITS ADVISORY COMMITTEE.
(a) Establishment.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall establish an
oversight advisory committee to provide the Secretary with advice and
recommendations regarding the continued development and implementation
of an effective program of chiropractic health care benefits for
members of the uniformed services on active duty.
(b) Membership.--The advisory committee shall be composed of
members selected from among persons who, by reason of education,
training, and experience, are experts in chiropractic health care, as
follows:
(1) Members appointed by the Secretary of Defense in such
number as the Secretary determines appropriate for carrying out
the duties of the advisory committee effectively.
(2) A representative of each of the Armed Forces, as
designated by the Secretary of the military department
concerned.
(c) Chairman.--The Secretary of Defense shall designate one member
of the advisory committee to serve as the Chairman of the advisory
committee.
(d) Meetings.--The advisory committee shall meet at the call of the
Chairman, but not fewer than three times each fiscal year, beginning in
fiscal year 2005.
(e) Duties.--The advisory committee shall have the following
duties:
(1) Review and evaluate the program of chiropractic health
care benefits provided to members of the uniformed services on
active duty under chapter 55 of title 10, United States Code.
(2) Provide the Secretary of Defense with advice and
recommendations as described in subsection (a).
(3) Upon the Secretary's determination that the program of
chiropractic health care benefits referred to in paragraph (1)
has been fully implemented, prepare and submit to the Secretary
a report containing the advisory committee's evaluation of such
program as implemented.
(f) Applicability of Temporary Organizations Law.--(1) Section 3161
of title 5, United States Code, shall apply to the advisory committee
under this section.
(2) The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the oversight advisory committee under this section.
(g) Termination.--The advisory committee shall terminate 90 days
after the date on which the committee submits the report to the
Secretary of Defense under subsection (e)(3).
SEC. 716. GROUNDS FOR PRESIDENTIAL WAIVER OF REQUIREMENT FOR INFORMED
CONSENT OR OPTION TO REFUSE REGARDING ADMINISTRATION OF
DRUGS NOT APPROVED FOR GENERAL USE.
(a) Investigational New Drugs.--Section 1107(f) of title 10, United
States Code, is amended--
(1) in paragraph (1), by striking ``obtaining consent--''
and all that follows through ``(C) is'' and inserting
``obtaining consent is''; and
(2) by striking paragraph (2) and inserting the following
new paragraph:
``(2) The waiver authority provided in paragraph (1) shall not be
construed to apply to any case other than a case in which prior consent
for administration of a particular drug is required by reason of a
determination by the Secretary of Health and Human Services that such
drug is subject to the investigational new drug requirements of section
505(i) of the Federal Food, Drug, and Cosmetic Act.''.
(b) Emergency Use Drugs.--Section 1107a(a) of such title is
amended--
(1) by inserting ``(A)'' after ``President.--(1)'';
(2) by striking ``is not feasible,'' and all that follows
through ``members affected, or''; and
(3) by adding at the end the following new subparagraph:
``(B) The waiver authority provided in subparagraph (A) shall not
be construed to apply to any case other than a case in which an
individual is required to be informed of an option to accept or refuse
administration of a particular product by reason of a determination by
the Secretary of Health and Human Services that emergency use of such
product is authorized under section 564 of the Federal Food, Drug, and
Cosmetic Act.''.
SEC. 717. ELIGIBILITY OF CADETS AND MIDSHIPMEN FOR MEDICAL AND DENTAL
CARE AND DISABILITY BENEFITS.
(a) Medical and Dental Care.--(1) Chapter 55 of title 10, United
States Code, is amended by inserting after section 1074a the following
new section:
``Sec. 1074b. Medical and dental care: cadets and midshipmen
``(a) Eligibility.--Under joint regulations prescribed by the
administering Secretaries, the following persons are, except as
provided in subsection (c), entitled to the benefits described in
subsection (b):
``(1) A cadet at the United States Military Academy, the
United States Air Force Academy, or the Coast Guard Academy,
and a midshipman at the United States Naval Academy, who incurs
or aggravates an injury, illness, or disease in the line of
duty.
``(2) Each member of, and each designated applicant for
membership in, the Senior Reserve Officers' Training Corps who
incurs or aggravates an injury, illness, or disease in the line
of duty while performing duties under section 2109 of this
title.
``(b) Benefits.--A person eligible for benefits in subsection (a)
for an injury, illness, or disease is entitled to--
``(1) the medical and dental care under this chapter that
is appropriate for the treatment of the injury, illness, or
disease until the injury, illness, disease, or any resulting
disability cannot be materially improved by further
hospitalization or treatment; and
``(2) meals during hospitalization.
``(c) Exception.--A person is not entitled to benefits under
subsection (b) for an injury, illness, or disease, or the aggravation
of an injury, illness, or disease that is a result of the gross
negligence or the misconduct of that person.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1074a the
following new item:
``1074b. Medical and dental care: cadets and midshipmen of the service
academies.''.
(b) Eligibility of Academy Cadets and Midshipmen for Disability
Retired Pay.--(1)(A) Section 1217 of title 10, United States Code, is
amended to read as follows:
``Sec. 1217. Cadets, midshipmen, and aviation cadets: applicability of
chapter
``(a) This chapter applies to cadets at the United States Military
Academy, the United States Air Force Academy, and the United States
Coast Guard Academy and midshipmen of the United States Naval Academy.
``(b) Monthly cadet pay and monthly midshipman pay under section
203(c) of title 37 shall be considered to be basic pay for purposes of
this chapter and the computation of retired pay and severance and
separation pay to which entitlement is established under this
chapter.''.
(B) The item related to section 1217 in the table of sections at
the beginning of chapter 61 of such title is amended to read as
follows:
``1217. Cadets, midshipmen, and aviation cadets: applicability of
chapter.''.
(2) The amendments made by paragraph (1) shall take effect on
October 1, 2004.
SEC. 718. CONTINUATION OF SUB-ACUTE CARE FOR TRANSITION PERIOD.
Section 1074j(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) The Secretary of Defense may take such actions as are
necessary to ensure that there is an effective transition in the
furnishing of part-time or intermittent home health care benefits for
covered beneficiaries who were receiving such benefits before the
establishment of the program under this section. The actions taken
under this paragraph may include the continuation of such benefits on
an extended basis for such time as the Secretary determines
appropriate.''.
SEC. 719. TEMPORARY AUTHORITY FOR WAIVER OF COLLECTION OF PAYMENTS DUE
FOR CHAMPUS BENEFITS RECEIVED BY DISABLED PERSONS UNAWARE
OF LOSS OF CHAMPUS ELIGIBILITY.
(a) Authority To Waive Debt.--(1) The Secretary of Defense, in
consultation with the other administering Secretaries, may waive (in
whole or in part) the collection of payments otherwise due from a
person described in subsection (b) for health benefits received by such
person under section 1086 of title 10, United States Code, after the
termination of that person's eligibility for such benefits.
(2) If the Secretary of Defense waives collection of payments from
a person under paragraph (1), the Secretary may also authorize a
continuation of benefits for such person under such section 1086 for a
period ending not later than the end of the period specified in
subsection (c) of this section.
(b) Eligible Persons.--A person is eligible for relief under
subsection (a)(1) if--
(1) the person is described in paragraph (1) of subsection
(d) of section 1086 of title 10, United States Code;
(2) except for such paragraph, the person would have been
eligible for the health benefits under such section; and
(3) at the time of the receipt of such benefits--
(A) the person satisfied the criteria specified in
paragraph (2)(B) of such subsection (d); and
(B) the person was unaware of the loss of
eligibility to receive the health benefits.
(c) Period of Applicability.--The authority provided under this
section to waive collection of payments and to continue benefits shall
apply, under terms and conditions prescribed by the Secretary of
Defense, to health benefits provided under section 1086 of title 10,
United States Code, during the period beginning on July 1, 1999, and
ending at the end of December 31, 2004.
(d) Consultation With Other Administering Secretaries.--(1) The
Secretary of Defense shall consult with the other administering
Secretaries in exercising the authority provided in this section.
(2) In this subsection, the term ``administering Secretaries'' has
the meaning given such term in section 1072(3) of title 10, United
States Code.
SEC. 720. VACCINE HEALTHCARE CENTERS NETWORK.
Section 1110 of title 10, United States Code, is amended by adding
at the end the following:
``(c) Vaccine Healthcare Centers Network.--(1) The Secretary shall
carry out this section through the Vaccine Healthcare Centers Network
as established by the Secretary in collaboration with the Director of
the Centers for Disease Control and Prevention.
``(2) In addition to conducting the activities described in
subsection (b), it shall be the purpose of the Vaccine Healthcare
Centers Network to improve--
``(A) the safety and quality of vaccine administration for
the protection of members of the armed forces;
``(B) the submission of data to the Vaccine-related Adverse
Events Reporting System to include comprehensive content and
follow-up data;
``(C) the access to clinical management services to members
of the armed forces who experience vaccine adverse events;
``(D) the knowledge and understanding by members of the
armed forces and vaccine-providers of immunization benefits and
risks.
``(E) networking between the Department of Defense, the
Department of Health and Human Services, the Department of
Veterans Affairs, and private advocacy and coalition groups
with regard to immunization benefits and risks; and
``(F) clinical research on the safety and efficacy of
vaccines.
``(3) To achieve the purposes described in paragraph (2), the
Vaccine Healthcare Centers Network, in collaboration with the medical
departments of the armed forces, shall carry out the following:
``(A)(i) Establish a network of centers of excellence in
clinical immunization safety assessment that provides for
outreach, education, and confidential consultative and direct
patient care services for vaccine related adverse events
prevention, diagnosis, treatment and follow-up with respect to
members of the armed services.
``(ii) Such centers shall provide expert second opinions
for such members regarding medical exemptions under this
section and for additional care that is not available at the
local medical facilities of such members.
``(B) Develop standardized educational outreach activities
to support the initial and ongoing provision of training and
education for providers and nursing personnel who are engaged
in delivering immunization services to the members of the armed
forces.
``(C) Develop a program for quality improvement in the
submission and understanding of data that is provided to the
Vaccine-related Adverse Events Reporting System, particularly
among providers and members of the armed forces.
``(D) Develop and standardize a quality improvement program
for the Department of Defense relating to immunization
services.
``(E) Develop an effective network system, with appropriate
internal and external collaborative efforts, to facilitate
integration, educational outreach, research, and clinical
management of adverse vaccine events.
``(F) Provide education and advocacy for vaccine recipients
to include access to vaccine safety programs, medical
exemptions, and quality treatment.
``(G) Support clinical studies with respect to the safety
and efficacy of vaccines, including outcomes studies on the
implementation of recommendations contained in the clinical
guidelines for vaccine-related adverse events.
``(H) Develop implementation recommendations for vaccine
exemptions or alternative vaccine strategies for members of the
armed forces who have had prior, or who are susceptible to,
serious adverse events, including those with genetic risk
factors, and the discovery of treatments for adverse events
that are most effective.
``(4) It is the sense of the Senate--
``(A) to recognize the important work being done by the
Vaccine Healthcare Center Network for the members of the armed
forces; and
``(B) that each of the military departments (as defined in
section 102 of title 5, United States Code) is strongly
encouraged to fund the Vaccine Healthcare Center Network.''.
SEC. 721. USE OF DEPARTMENT OF DEFENSE FUNDS FOR ABORTIONS IN CASES OF
RAPE AND INCEST.
Section 1093(a) of title 10, United States Code, is amended by
inserting before the period at the end the following: `` or in a case
in which the pregnancy is the result of an act of rape or incest''.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. RESPONSIBILITIES OF ACQUISITION EXECUTIVES AND CHIEF
INFORMATION OFFICERS UNDER THE CLINGER-COHEN ACT.
(a) Acquisitions of Information Technology Equipment Integral to a
Weapon or Weapon System.--(1) Chapter 131 of title 10, United States
Code, is amended by inserting after section 2223 the following:
``Sec. 2223a. Acquisition of information technology equipment integral
to a weapon or a weapon system
``(a) Responsibilities of Acquisition Executives.--The acquisition
executive of each military department shall be responsible for ensuring
that, with regard to a weapon or weapon system acquired or to be
acquired by or for that military department--
``(1) the acquisition of information technology equipment
that is integral to the weapon or a weapon system is conducted
in a manner that is consistent with the capital planning,
investment control, and performance and results-based
management processes and requirements provided under sections
11302, 11303, 11312, and 11313 of title 40, to the extent that
such processes requirements are applicable to the acquisition
of such equipment;
``(2) issues of spectrum availability, interoperability,
and information security are appropriately addressed in the
development of the weapon or weapon system; and
``(3) in the case of information technology equipment that
is to be incorporated into a weapon or a weapon system under a
major defense acquisition program, the information technology
equipment is incorporated in a manner that is consistent with--
``(A) the planned approach to applying certain
provisions of law to major defense acquisition programs
following the evolutionary acquisition process that the
Secretary of Defense reported to Congress under section
802 of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
2602);
``(B) the acquisition policies that apply to spiral
development programs under section 803 of such Act (116
Stat. 2603; 10 U.S.C. 2430 note); and
``(C) the software acquisition processes of the
military department or Defense Agency concerned under
section 804 of such Act (116 Stat. 2604; 10 U.S.C. 2430
note).
``(b) Board of Senior Acquisition Officials.--(1) The Secretary of
Defense shall establish a board of senior acquisition officials to
develop policy and provide oversight on the implementation of the
requirements of this section and chapter 113 of title 40 in
procurements of information technology equipment that is integral to a
weapon or a weapon system.
``(2) The board shall be composed of the following officials:
``(A) The Under Secretary of Defense for Acquisition,
Technology, and Logistics, who shall be the Chairman.
``(B) The acquisition executives of the military
departments.
``(C) The Chief Information Officer of the Department of
Defense.
``(3) Any question regarding whether information technology
equipment is integral to a weapon or weapon system shall be resolved by
the board in accordance with policies established by the board.
``(c) Inapplicability of Other Laws.--The following provisions of
law do not apply to information technology equipment that is integral
to a weapon or a weapon system:
``(1) Section 11315 of title 40.
``(2) The policies and procedures established under section
11316 of title 40.
``(3) Subsections (d) and (e) of section 811 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat.
1654A-211), and the requirements and prohibitions that are
imposed by Department of Defense Directive 5000.1 pursuant to
subsections (b) and (c) of such section.
``(4) Section 351 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116
Stat. 2516; 10 U.S.C. 221 note).
``(d) Definitions.--In this section:
``(1) The term `acquisition executive', with respect to a
military department, means the official who is designated as
the senior procurement executive of the military department
under section 16(3) of the Office of Federal Procurement Policy
Act (41 U.S.C. 414(3)).
``(2) The term `information technology' has the meaning
given such term in section 11101 of title 40.
``(3) The term `major defense acquisition program' has the
meaning given such term in section 2430 of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2223 the
following new item:
``2223a. Acquisition of information technology equipment integral to a
weapon or a weapon system.''.
(b) Conforming Amendments.--Section 2223 of such title is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Equipment Integral to a Weapon or Weapon System.--(1) In the
case of information technology equipment that is integral to a weapon
or weapon system acquired or to be acquired by or for a military
department, the responsibilities under this section shall be performed
by the acquisition executive of that military department pursuant to
the guidance and oversight of the board of senior acquisition officials
established under section 2223a(b) of this title.
``(2) In this subsection, the term `acquisition executive' has the
meaning given said term in section 2223a(d) of this title.''.
SEC. 802. SOFTWARE-RELATED PROGRAM COSTS UNDER MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Content of Quarterly Unit Cost Report.--Subsection (b) of
section 2433 of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(5) Any significant changes in the total program cost for
development and procurement of the software component of the
program, schedule milestones for the software component of the
program, or expected performance for the software component of
the program that are known, expected, or anticipated by the
program manager.''.
(b) Content of Selected Acquisition Report.--(1) Subsection (g)(1)
of such section is amended by adding at the end the following new
subparagraph:
``(Q) In any case in which one or more problems with the
software component of the program significantly contributed to
the increase in program unit costs, the action taken and
proposed to be taken to solve such problems.''.
(2) Section 2432(e) of title 10, United States Code, is amended--
(A) by redesignating paragraphs (7), (8), and (9), as
paragraphs (8), (9) and (10), respectively; and
(B) by inserting after paragraph (6) the following new
paragraph (7):
``(7) The reasons for any significant changes (from the
previous Selected Acquisition Report) in the total program cost
for development and procurement of the software component of
the program, schedule milestones for the software component of
the program, or expected performance for the software component
of the program that are known, expected, or anticipated by the
program manager.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2004, and shall apply with respect to reports due
to be submitted to Congress on or after such date.
SEC. 803. INTERNAL CONTROLS FOR DEPARTMENT OF DEFENSE PURCHASES THROUGH
GSA CLIENT SUPPORT CENTERS.
(a) Limitation.--No official of the Department of Defense may place
an order for, make a purchase of, or otherwise procure property or
services in an amount in excess of $100,000 through any particular GSA
Client Support Center until the Inspector General of the Department of
Defense has, after the date of the enactment of this Act--
(1) reviewed the policies, procedures, and internal
controls of such Client Support Center in consultation with the
Inspector General of the General Services Administration; and
(2) certified in writing to the Secretary of Defense and
the Administrator of General Services that such policies,
procedures, and internal controls are adequate to ensure the
compliance of such Client Support Center with the requirements
of law and regulations that are applicable to orders,
purchases, and other procurements of property and services.
(b) GSA Client Support Center Defined.--In this section, the term
``GSA Client Support Center'' means a Client Support Center of the
Federal Technology Service of the General Services Administration.
(c) Effective Date and Applicability.--This section shall take
effect on the date of the enactment of this Act and shall apply with
respect to orders, purchases, and other procurements that are initiated
by the Department of Defense with a GSA Client Support Center on or
after such date.
SEC. 804. DEFENSE COMMERCIAL SATELLITE SERVICES PROCUREMENT PROCESS.
(a) Requirement for Determination.--The Secretary of Defense shall
review alternative mechanisms for procuring commercial satellite
services and provide guidance to the Director of the Defense
Information Systems Agency and the Secretaries of the military
departments on how such procurements should be conducted. The
alternative procurement mechanisms reviewed by the Secretary of Defense
shall, at a minimum, include the following:
(1) Procurement under indefinite delivery, indefinite
quantity contracts of the Federal Technology Service of the
General Services Administration.
(2) Procurement directly from commercial sources that are
qualified as described in subsection (b), using full and open
competition (as defined in section 4(6) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(6))).
(3) Procurement by any other means that has been used by
the Director of the Defense Information Systems Agency or the
Secretary of a military department to enter into a contract for
the procurement of commercial satellite services that is in
force on the date of the enactment of this Act.
(b) Qualified Sources.--A source of commercial satellite services
referred to in paragraph (2) of subsection (a) is a qualified source if
the source is incorporated under the laws of a State of the United
States and is either--
(1) a source of commercial satellite services under a
Federal Technology Service contract for the procurement of
commercial satellite services described in paragraph (1) of
such subsection that is in force on the date of the enactment
of this Act; or
(2) a source of commercial satellite services that meets
qualification requirements (as defined in section 2319 of title
10, United States Code, and established in accordance with that
section) to enter into a Federal Technology Service contract
for the procurement of commercial satellite services.
(c) Report.--Not later than April 30, 2005, the Secretary of
Defense shall submit to Congress a report setting forth the conclusions
resulting from the Secretary's review under subsection (a). The report
shall include--
(1) the guidance provided under such subsection; and
(2) a discussion of the rationale for that guidance.
SEC. 805. REVISION AND EXTENSION OF AUTHORITY FOR ADVISORY PANEL ON
REVIEW OF GOVERNMENT PROCUREMENT LAWS AND REGULATIONS.
(a) Relationship of Recommendations to Small Businesses.--Section
1423 of the National Defense Authorization Act for Fiscal Year 2004
(Public Law 106-136; 117 Stat. 1669; 41 U.S.C. 405 note) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Issues Relating to Small Businesses.--In developing
recommendations under subsection (c)(2), the panel shall--
``(1) consider the effects of its recommendations on small
business concerns; and
``(2) include any recommended modifications of laws,
regulations, and policies that the panel considers necessary to
enhance and ensure competition in contracting that affords
small business concerns meaningful opportunity to participate
in Federal Government contracts.''.
(b) Revision and Extension of Reporting Requirement.--Section
1423(d) of the National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 117 Stat. 1669; 41 U.S.C. 405 note) is amended--
(1) by striking ``one year after the establishment of the
panel'' and inserting ``one year after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2005'';
(2) by striking ``Services and'' both places it appears and
inserting ``Services,'';
(3) by inserting ``, and Small Business'' after
``Government Reform''; and
(4) by inserting ``, and Small Business and
Entrepreneurship'' after ``Governmental Affairs''.
Subtitle B--General Contracting Authorities, Procedures, and
Limitations, and Other Matters
SEC. 811. INCREASED THRESHOLDS FOR APPLICABILITY OF CERTAIN
REQUIREMENTS.
(a) Senior Procurement Executive Approval of Use of Procedures
Other Than Competitive Procedures.--Section 2304(f)(1)(B) of title 10,
United States Code, is amended by striking ``$50,000,000'' both places
it appears and inserting ``$75,000,000''.
(b) Information on Subcontracting Authority of Defense Contractor
Personnel.--Section 2416(d) of such title is amended by striking
``$500,000'' and inserting ``$1,000,000''.
SEC. 812. PERIOD FOR MULTIYEAR TASK AND DELIVERY ORDER CONTRACTS.
(a) Revised Maximum Period.--Section 2304a(f) of title 10, United
States Code, is amended by striking ``a total period of not more than
five years.'' and inserting ``any period up to five years and may
extend the contract period for one or more successive periods pursuant
to an option provided in the contract or a modification of the
contract. The total contract period as extended may not exceed eight
years unless such head of an agency personally determines in writing
that exceptional circumstances necessitate a longer contract period.''.
(b) Annual Report.--Not later than 60 days after the end of each of
fiscal years 2005 through 2009, the Secretary of Defense shall submit
to Congress a report setting forth each extension of a contract period
to a total of more than eight years that was granted for task and
delivery order contracts of the Department of Defense during such
fiscal year under section 2304a(f) of title 10, United States Code. The
report shall include, with respect to each such contract period
extension--
(1) a discussion of the exceptional circumstances on which
the extension was based; and
(2) the justification for the determination of exceptional
circumstances.
SEC. 813. SUBMISSION OF COST OR PRICING DATA ON NONCOMMERCIAL
MODIFICATIONS OF COMMERCIAL ITEMS.
(a) Inapplicability of Commercial Items Exception to Noncommercial
Modifications of Commercial Items.--Subsection (b) of section 2306a of
title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(3) Noncommercial modifications of commercial items.--(A)
The exception in paragraph (1)(B) does not apply to cost or
pricing data on noncommercial modifications of a commercial
item that are expected to cost, in the aggregate, more than
$500,000.
``(B) In this paragraph, the term `noncommercial
modification', with respect to a commercial item, means a
modification of such item that is not a modification described
in section 4(12)(C)(i) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)(C)(i)).
``(C) Nothing in subparagraph (A) shall be construed--
``(i) to limit the applicability of the exception
in subparagraph (A) or (C) of paragraph (1) to cost or
pricing data on a noncommercial modification of a
commercial item; or
``(ii) to require the submission of cost or pricing
data on any aspect of an acquisition of a commercial
item other than the cost and pricing of noncommercial
modifications of such item.''.
(b) Effective Date and Applicability.--Paragraph (3) of section
2306a of title 10, United States Code (as added by subsection (a)),
shall take effect on January 1, 2005, and shall apply with respect to
offers submitted, and to modifications of contracts or subcontracts
made, on or after that date.
SEC. 814. DELEGATIONS OF AUTHORITY TO MAKE DETERMINATIONS RELATING TO
PAYMENT OF DEFENSE CONTRACTORS FOR BUSINESS RESTRUCTURING
COSTS.
Section 2325(a)(2) of title 10, United States Code, is amended--
(1) by striking ``paragraph (1) to an official'' and all
that follows and inserting ``paragraph (1), with respect to a
business combination, to an official of the Department of
Defense--''; and
(2) by adding at the end the following:
``(A) below the level of an Assistant Secretary of Defense
for cases in which the amount of restructuring costs is
expected to exceed $25,000,000 over a 5-year period; or
``(B) below the level of the Director of the Defense
Contract Management Agency for all other cases.''.
SEC. 815. LIMITATION REGARDING SERVICE CHARGES IMPOSED FOR DEFENSE
PROCUREMENTS MADE THROUGH CONTRACTS OF OTHER AGENCIES.
(a) Limitation.--(1) Chapter 141 of title 10, United States Code,
is amended by inserting after section 2382 the following new section
2383:
``Sec. 2383. Procurements through contracts of other agencies: service
charges
``(a) Limitation.--The head of an agency may not procure goods or
services (under section 1535 of title 31, pursuant to a designation
under section 11302(e) of title 40, or otherwise) through a contract
entered into by an agency outside the Department of Defense if the
amount charged such head of an agency by the contracting agency for the
goods or services includes a service charge in a total amount that
exceeds one percent of the amount charged by the contractor for such
goods or services under the contract.
``(b) Waiver Authority.--(1) The appropriate official of the
Department of Defense may waive the limitation in subsection (a) in the
case of any procurement for which that official determines that it is
in the national security interests of the United States to do so.
``(2) The appropriate official for exercise of the waiver authority
under paragraph (1) is as follows:
``(A) In the case of a procurement by a Defense Agency or
Department of Defense Field Activity, the Secretary of Defense.
``(B) In the case of a procurement for a military
department, the Secretary of that military department.
``(3)(A) The Secretary of Defense may not delegate the authority
under paragraph (1) to any person other than the Deputy Secretary of
Defense or the Under Secretary of Defense for Acquisition, Technology,
and Logistics.
``(B) The Secretary of a military department may not delegate the
authority under paragraph (1) to any person other than the acquisition
executive of that military department.
``(c) Inapplicability to Contracts for Certain Services.--This
section does not apply to procurements of the following services:
``(1) Printing, binding, or blank-book work to which
section 502 of title 44 applies.
``(2) Services available under programs pursuant to section
103 of the Library of Congress Fiscal Operations Improvement
Act of 2000 (Public Law 106-481; 114 Stat. 2187; 2 U.S.C.
182c).
``(d) Inapplicability to Coast Guard and NASA.--This section does
not apply to the Coast Guard when it is not operating as a service in
the Navy or to the National Aeronautics and Space Administration.
``(e) Definitions.--In this section:
``(1) The term `head of an agency' has the meaning given
such term in section 2302 of this title.
``(2) The term `acquisition executive', with respect to a
military department, means the official who is designated as
the senior procurement executive of that military department
under section 16(3) of the Office of Federal Procurement Policy
Act (41 U.S.C. 414(3)).''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2382 the
following new item:
``2383. Procurements through contracts of other agencies: service
charges.''.
(b) Effective Date and Applicability.--Section 2383 of title 10,
United States Code, shall take effect on October 1, 2004, and shall
apply with respect to orders for goods or services that are issued by
the head of an agency (as defined in section 2302 of such title) on or
after such date.
SEC. 816. SENSE OF THE SENATE ON EFFECTS OF COST INFLATION ON THE VALUE
RANGE OF THE CONTRACTS TO WHICH A SMALL BUSINESS CONTRACT
RESERVATION APPLIES.
(a) Sense of the Senate.--It is the sense of the Senate that--
(1) in the administration of the requirement for
reservation of contracts for small businesses under subsection
(j) of section 15 of the Small Business Act (15 U.S.C. 644),
the maximum amount in the contract value range provided under
that subsection should be treated as being adjusted to the same
amount to which the simplified acquisition threshold is
increased whenever such threshold is increased under law; and
(2) the Administrator for Federal Procurement Policy, in
consultation with the Federal Acquisition Regulatory Council,
should ensure that appropriate governmentwide policies and
procedures are in place--
(A) to monitor socioeconomic data concerning
purchases made by means of purchase cards or credit
cards issued for use in transactions on behalf of the
Federal Government; and
(B) to encourage the placement of a fair portion of
such purchases with small businesses consistent with
governmentwide goals for small business prime
contracting established under section 15(g) of the
Small Business Act (15 U.S.C. 644(g)).
(b) Simplified Acquisition Threshold Defined.--In this section, the
term ``simplified acquisition threshold'' has the meaning given such
term in section 4(11) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(11)).
Subtitle C--Extensions of Temporary Program Authorities
SEC. 821. EXTENSION OF CONTRACT GOAL FOR SMALL DISADVANTAGED BUSINESS
AND CERTAIN INSTITUTIONS OF HIGHER EDUCATION.
Section 2323(k) of title 10, United States Code, is amended by
striking ``2006'' both places it appears and inserting ``2009''.
SEC. 822. EXTENSION OF MENTOR-PROTEGE PROGRAM.
Section 831 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note) is amended--
(1) in subsection (j)--
(A) in paragraph (1), by striking ``September 30,
2005'' and inserting ``September 30, 2010''; and
(B) in paragraph (2), by striking ``September 30,
2008'' and inserting ``September 30, 2013''; and
(2) in subsection (l)(3), by striking ``2007'' and
inserting ``2012''.
SEC. 823. EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE
SMALL BUSINESS SUBCONTRACTING PLANS.
Section 834(e) of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 15 U.S.C. 637 note) is amended
by striking ``September 30, 2005'' and inserting ``September 30,
2010''.
SEC. 824. EXTENSION OF PILOT PROGRAM ON SALES OF MANUFACTURED ARTICLES
AND SERVICES OF CERTAIN ARMY INDUSTRIAL FACILITIES.
Section 141(a) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 10 U.S.C. 4543 note) is amended by
striking ``through 2004'' in the first sentence and inserting ``through
2009''.
Subtitle D--Industrial Base Matters
SEC. 831. COMMISSION ON THE FUTURE OF THE NATIONAL TECHNOLOGY AND
INDUSTRIAL BASE.
(a) Establishment.--There is established a commission to be known
as the Commission on the Future of the National Technology and
Industrial Base (hereafter in this section referred to as the
``Commission'').
(b) Membership.--(1) The Commission shall be composed of 12 members
appointed by the President.
(2) The members of the Commission shall include--
(A) persons with extensive experience and national
reputations for expertise in the defense industry, commercial
industries that support the defense industry, and the
economics, finance, national security, international trade, or
foreign policy areas; and
(B) persons who are representative of labor organizations
associated with the defense industry, and persons who are
representative of small business concerns or organizations of
small business concerns that are involved in Department of
Defense contracting and other Federal Government contracting.
(3) The appointment of the members of the Commission under this
subsection shall be made not later than March 1, 2005.
(4) Members shall be appointed for the life of the Commission. A
vacancy in the Commission shall not affect its powers, but shall be
filled in the same manner in which the original appointment was made.
(5) The President shall designate one member of the Commission to
serve as the Chairman of the Commission.
(c) Meetings.--(1) The Commission shall meet at the call of the
Chairman.
(2) A majority of the members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(d) Duties.--(1) The Commission shall--
(A) study the issues associated with the future of the
national technology and industrial base in the global economy,
particularly with respect to its effect on United States
national security; and
(B) assess the future ability of the national technology
and industrial base to attain the national security objectives
set forth in section 2501 of title 10, United States Code.
(2) In carrying out the study and assessment under paragraph (1),
the Commission shall consider the following matters:
(A) Existing and projected future capabilities of the
national technology and industrial base.
(B) The impact on the national technology and industrial
base of civil-military integration and the growing dependence
of the Department of Defense on the commercial market for
defense products and services.
(C) Any current or projected shortages of a critical
technology (as defined in section 2500(6) of title 10, United
States Code), or the raw materials necessary for the production
of such technology, that could adversely affect the national
security of the United States.
(D) The effects of domestic source restrictions on the
strength of the national technology and industrial base.
(E) The effects of the policies and practices of United
States allies and trading partners on the national technology
and industrial base.
(F) The effects on the national technology and industrial
base of laws and regulations related to international trade and
the export of defense technologies and dual-use technologies.
(G) The adequacy of programs that support science and
engineering education, including programs that support defense
science and engineering efforts at institutions of higher
learning, with respect to meeting the needs of the national
technology and industrial base.
(H) The implementation of policies and planning required
under subchapter II of chapter 148 of title 10, United States
Code, and other provisions of law designed to support the
national technology and industrial base.
(I) The role of the Manufacturing Technology program, other
Department of Defense research and development programs, and
the utilization of the authorities of the Defense Production
Act of 1950 to provide transformational breakthroughs in
advanced manufacturing technologies and processes that ensure
the strength and productivity of the national technology and
industrial base.
(J) The role of small business concerns in strengthening
the national technology and industrial base.
(e) Report.--Not later than March 1, 2007, the Commission shall
submit a report on its activities to the President and Congress. The
report shall include the following matters:
(1) The findings and conclusions of the Commission.
(2) The recommendations of the Commission for actions by
Federal Government officials to support the maintenance of a
robust national technology and industrial base in the 21st
century.
(3) The recommendations of the Commission for addressing
shortages in critical technologies, and shortages of raw
materials necessary for the production of critical
technologies, that could adversely affect the national security
of the United States.
(4) Any recommendations for legislation or changes in
regulations to support the implementation of the findings of
the Commission.
(5) A discussion of appropriate measures to implement the
recommendations of the Commission.
(f) Administrative Requirements and Authorities.--(1) The Director
of the Office of Management and Budget shall ensure that the Commission
is provided such administrative services, facilities, staff, and other
support services as may be necessary for the Commission to carry out
its duties. Expenses of the Commission shall be paid out of funds
available to the Director.
(2) The Commission may hold such hearings, sit and act at such
times and places, take such testimony, and receive such evidence as the
Commission considers advisable to carry out the purposes of this
section.
(3) The Commission may secure directly from any Federal department
or agency such information as the commission considers necessary to
carry out the provisions of this section. Upon a request of the
Chairman of the Commission, the head of such department or agency shall
furnish such information to the Commission.
(4) The Commission may use the United States mails in the same
manner and under the same conditions as other departments and agencies
of the Federal Government.
(g) Personnel Matters.--(1) Members of the Commission shall serve
without compensation for their service on the Commission, except that
each member of the Commission who is not an officer or employee of the
United States shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States Code, while
away from their homes or regular places of business in the performance
of services for the Commission.
(2) Section 3161 of title 5, United States Code, shall apply to the
Commission, except that--
(A) members of the Commission shall not be entitled to pay
for services under subsection (d) of such section; and
(B) subsection (b)(2) of such section shall not apply to
the employees of the Commission.
(h) Applicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(i) Termination.--The Commission shall terminate 30 days after the
date on which the Commission submits its report under subsection (e).
(j) Definition of National Technology and Industrial Base.--In this
section, the term ``national technology and industrial base'' has the
meaning given such term in section 2500 of title 10, United States
Code.
SEC. 832. WAIVER AUTHORITY FOR DOMESTIC SOURCE OR CONTENT REQUIREMENTS.
(a) Authority.--Subchapter V of chapter 148 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2539c. Waiver of domestic source or content requirements
``(a) Authority.--Except as provided in subsection (f), the
Secretary of Defense may waive the application of any domestic source
requirement or domestic content requirement referred to in subsection
(b) and thereby authorize the procurement of items that are grown,
reprocessed, reused, produced, or manufactured--
``(1) in a foreign country that has a Declaration of
Principles with the United States;
``(2) in a foreign country that has a Declaration of
Principles with the United States substantially from components
and materials grown, reprocessed, reused, produced, or
manufactured in the United States or any foreign country that
has a Declaration of Principles with the United States; or
``(3) in the United States substantially from components
and materials grown, reprocessed, reused, produced, or
manufactured in the United States or any foreign country that
has a Declaration of Principles with the United States.
``(b) Covered Requirements.--For purposes of this section:
``(1) A domestic source requirement is any requirement
under law that the Department of Defense satisfy its
requirements for an item by procuring an item that is grown,
reprocessed, reused, produced, or manufactured in the United
States or by a manufacturer that is a part of the national
technology and industrial base (as defined in section 2500(1)
of this title).
``(2) A domestic content requirement is any requirement
under law that the Department of Defense satisfy its
requirements for an item by procuring an item produced or
manufactured partly or wholly from components and materials
grown, reprocessed, reused, produced, or manufactured in the
United States.
``(c) Applicability.--The authority of the Secretary to waive the
application of a domestic source or content requirements under
subsection (a) applies to the procurement of items for which the
Secretary of Defense determines that--
``(1) application of the requirement would impede the
reciprocal procurement of defense items under a Declaration of
Principles with the United States; and
``(2) such country does not discriminate against defense
items produced in the United States to a greater degree than
the United States discriminates against defense items produced
in that country.
``(d) Limitation on Delegation.--The authority of the Secretary to
waive the application of domestic source or content requirements under
subsection (a) may not be delegated to any officer or employee other
than the Under Secretary of Defense for Acquisition, Technology and
Logistics.
``(e) Consultations.--The Secretary may grant a waiver of the
application of a domestic source or content requirement under
subsection (a) only after consultation with the United States Trade
Representative, the Secretary of Commerce, and the Secretary of State.
``(f) Laws Not Waivable.--The Secretary of Defense may not exercise
the authority under subsection (a) to waive any domestic source or
content requirement contained in any of the following laws:
``(1) The Small Business Act (15 U.S.C. 631 et seq.).
``(2) The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).
``(3) Sections 7309 and 7310 of this title.
``(4) Section 2533a of this title.
``(g) Relationship to Other Waiver Authority.--The authority under
subsection (a) to waive a domestic source requirement or domestic
content requirement is in addition to any other authority to waive such
requirement.
``(h) Construction With Respect to Later Enacted Laws.--This
section may not be construed as being inapplicable to a domestic source
requirement or domestic content requirement that is set forth in a law
enacted after the enactment of this section solely on the basis of the
later enactment.
``(i) Declaration of Principles.--(1) In this section, the term
`Declaration of Principles' means a written understanding (including
any Statement of Principles) between the Department of Defense and its
counterpart in a foreign country signifying a cooperative relationship
between the Department and its counterpart to standardize or make
interoperable defense equipment used by the armed forces and the armed
forces of the foreign country across a broad spectrum of defense
activities, including--
``(A) harmonization of military requirements and
acquisition processes;
``(B) security of supply;
``(C) export procedures;
``(D) security of information;
``(E) ownership and corporate governance;
``(F) research and development;
``(G) flow of technical information; and
``(H) defense trade.
``(2) A Declaration of Principles is underpinned by a memorandum of
understanding or other agreement providing for the reciprocal
procurement of defense items between the United States and the foreign
country concerned without unfair discrimination in accordance with
section 2531 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 2539b the following new item:
``2539c. Waiver of domestic source or content requirements.''.
SEC. 833. CONSISTENCY WITH UNITED STATES OBLIGATIONS UNDER TRADE
AGREEMENTS.
No provision of this Act or any amendment made by this Act shall
apply to a procurement by or for the Department of Defense to the
extent that the Secretary of Defense, in consultation with the
Secretary of Commerce, the United States Trade Representative, and the
Secretary of State, determines that it is inconsistent with United
States obligations under a trade agreement.
SEC. 834. REPEAL OF CERTAIN REQUIREMENTS AND LIMITATIONS RELATING TO
THE DEFENSE INDUSTRIAL BASE.
(a) Essential Item Identification and Domestic Production
Capabilities Improvement.--Sections 812, 813, and 814 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117
Stat. 1542, 1543, 1545; 10 U.S.C. 2501 note) are repealed.
(b) Elimination of Unreliable Source for Items and Components.--
Section 821 of such Act (117 Stat. 1546; 10 U.S.C. 2534 note) is
repealed.
Subtitle E--Defense Acquisition and Support Workforce
SEC. 841. LIMITATION AND REINVESTMENT AUTHORITY RELATING TO REDUCTION
OF THE DEFENSE ACQUISITION AND SUPPORT WORKFORCE.
(a) Limitation.--Notwithstanding any other provision of law, the
defense acquisition and support workforce may not be reduced, during
fiscal years 2005, 2006, and 2007, below the level of that workforce as
of September 30, 2003, determined on the basis of full-time employee
equivalence, except as may be necessary to strengthen the defense
acquisition and support workforce in higher priority positions in
accordance with this section.
(b) Increase and Realignment of Workforce.--(1)(A) During fiscal
years 2005, 2006, and 2007, the Secretary of Defense shall increase the
number of persons employed in the defense acquisition and support
workforce as follows:
(i) During fiscal year 2005, to 105 percent of the baseline
number (as defined in subparagraph (B)).
(ii) During fiscal year 2006, to 110 percent of the
baseline number.
(iii) During fiscal year 2007, to 115 percent of the
baseline number.
(B) In this paragraph, the term ``baseline number'', with respect
to persons employed in the defense acquisition and support workforce,
means the number of persons employed in such workforce as of September
30, 2003 (determined on the basis of full-time employee equivalence).
(C) The Secretary of Defense may waive a requirement in
subparagraph (A) and, subject to subsection (a), employ in the defense
acquisition and support workforce a lesser number of employees if the
Secretary determines and certifies to the congressional defense
committees that the cost of increasing such workforce to the larger
size as required under that subparagraph would exceed the savings to be
derived from the additional oversight that would be achieved by having
a defense acquisition and support workforce of such larger size.
(2) During fiscal years 2005, 2006, and 2007, the Secretary of
Defense may realign any part of the defense acquisition and support
workforce to support reinvestment in other, higher priority positions
in such workforce.
(c) Higher Priority Positions.--For the purposes of this section,
higher priority positions in the defense acquisition and support
workforce include the following positions:
(1) Positions the responsibilities of which include
drafting performance-based work statements for services
contracts and overseeing the performance of contracts awarded
pursuant to such work statements.
(2) Positions the responsibilities of which include
conducting spending analyses, negotiating company-wide pricing
agreements, and taking other measures to reduce contract costs.
(3) Positions the responsibilities of which include
reviewing contractor quality control systems, assessing and
analyzing quality deficiency reports, and taking other measures
to improve product quality.
(4) Positions the responsibilities of which include
effectively conducting public-private competitions in
accordance with Office of Management and Budget Circular A-76.
(5) Any other positions in the defense acquisition and
support workforce that the Secretary of Defense identifies as
being higher priority positions that are staffed at levels not
likely to ensure efficient and effective performance of all of
the responsibilities of those positions.
(d) Strategic Assessment and Plan.--(1) The Secretary of Defense
shall--
(A) assess the extent to which the Department of Defense
can recruit, retain, train, and provide professional
development opportunities for acquisition professionals over
the 10-fiscal year period beginning with fiscal year 2005; and
(B) develop a human resources strategic plan for the
defense acquisition and support workforce that includes
objectives and planned actions for improving the management of
such workforce.
(2) The Secretary shall submit to Congress, not later than April 1,
2005, a report on the progress made in--
(A) completing the assessment required under paragraph (1);
and
(B) completing and implementing the strategic plan required
under such paragraph.
(e) Defense Acquisition and Support Workforce Defined.--In this
section, the term ``defense acquisition and support workforce'' means
members of the Armed Forces and civilian personnel who are assigned to,
or are employed in, an organization of the Department of Defense that
has acquisition as its predominant mission, as determined by the
Secretary of Defense.
SEC. 842. DEFENSE ACQUISITION WORKFORCE IMPROVEMENTS.
(a) Selection Criteria for Acquisition Corps and for Critical
Acquisition Positions.--(1) Section 1732(b)(1)(A) of title 10, United
States Code, is amended by striking ``within grade GS-13 or above of''
and inserting ``for which the employee is being paid at a rate of basic
pay that equals or exceeds the minimum rate of basic pay provided for
grade GS-13 under''.
(2) Section 1733(b)(1)(A)(i) of such title is amended by striking
``in a position within grade GS-14 or above of the General Schedule,
or'' and inserting ``who is currently serving in a position for which
the employee is being paid at a rate of basic pay that equals or
exceeds the minimum rate of basic pay provided for grade GS-14 under
the General Schedule or is required to be filled by an employee who
is''.
(b) Scholarship Program.--Section 1742 of such title is amended--
(1) by inserting ``(a) Required Programs.--''
before ``The Secretary of Defense shall conduct''; and
(2) by adding at the end the following new subsection:
``(b) Scholarship Program Requirements.--(1) Each recipient of a
scholarship under a program conducted under subsection (a)(3) shall be
required to sign a written agreement that sets forth the terms and
conditions of the scholarship. The agreement shall include the
following:
``(A) Criteria for the recipient's continued eligibility
for the scholarship.
``(B) The terms of any requirement for the recipient to
reimburse the United States for educational assistance provided
under the scholarship upon--
``(i) a failure by the recipient to satisfy the
criteria for continued eligibility for the scholarship;
or
``(ii) a termination of the recipient's service in
the Department of Defense before the end of any period
of obligated service provided in the agreement, as
described in paragraph (2).
``(2) Subject to paragraph (3)(C), a recipient of a scholarship
under the program shall reimburse the United States the total amount of
educational assistance provided to the recipient under the program if
the recipient is voluntarily separated from service or involuntarily
separated for cause from the Department of Defense before the end of
any period for which the recipient has agreed, as a condition of the
scholarship, to continue in the service of the Department of Defense in
an acquisition position.
``(3)(A) If an employee fails to fulfill an agreement to pay the
Government any amount of educational assistance provided to that person
under the program, a sum equal to such amount of the educational
assistance is recoverable by the Government from the employee or his
estate by--
``(i) setoff against accrued pay, compensation, amount of
retirement credit, or other amount due the employee from the
Government; and
``(ii) such other method as is provided by law for the
recovery of amounts owing to the Government.
``(B) An obligation to reimburse the United States under an
agreement entered into under this subsection is for all purposes a debt
owed to the United States.
``(C) The Secretary of Defense may waive in whole or in part a
reimbursement required under this subsection or under an agreement
entered into under this subsection if the Secretary determines that the
recovery would be against equity and good conscience or would be
contrary to the best interests of the United States.
``(D) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of an agreement entered into
under this subsection does not discharge a person executing the
agreement from a debt arising under this subsection or such agreement.
``(4) Nothing in this subsection shall be considered to require
that a position be offered to a recipient of a scholarship under the
program after such recipient successfully completes the course of
education for which the scholarship is granted. However, the agreement
entered into under this subsection with respect to such scholarship
shall be considered terminated if the recipient is not, within the time
specified in the agreement, offered a full-time acquisition position in
the Department of Defense that--
``(A) is commensurate with the recipient's academic degree
and experience; and
``(B) is--
``(i) in the excepted service, if the recipient has
not previously acquired competitive status, with the
right, after successful completion of two years of
service and such other requirements as the Office of
Personnel Management may prescribe, to be appointed to
a position in the competitive service, notwithstanding
subchapter I of chapter 33 of title 5; or
``(ii) in the competitive service, if the recipient
has previously acquired competitive status.''.
(c) Authority To Establish Different Minimum Requirements.--(1)
Section 1764(b) of such title is amended--
(A) by redesignating paragraph (5) as paragraph (6); and
(B) by inserting after paragraph (4) the following new
paragraph (5):
``(5) Deputy program manager.''.
(2) Paragraph (1) of such section is amended by striking ``in
paragraph (5)'' and inserting ``in paragraph (6)''.
Subtitle F--Public-Private Competitions
SEC. 851. PUBLIC-PRIVATE COMPETITION FOR WORK PERFORMED BY CIVILIAN
EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
(a) Limitation.--Section 2461(b) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(5)(A) Notwithstanding subsection (d), a function of the
Department of Defense performed by 10 or more civilian employees may
not be converted, in whole or in part, to performance by a contractor
unless the conversion is based on the results of a public-private
competition process that--
``(i) formally compares the cost of civilian employee
performance of that function with the costs of performance by a
contractor;
``(ii) creates an agency tender, including a most efficient
organization plan, in accordance with Office of Management and
Budget Circular A-76, as implemented on May 29, 2003;
``(iii) requires continued performance of the function by
civilian employees unless the competitive sourcing official
concerned determines that, over all performance periods stated
in the solicitation of offers for performance of the activity
or function, the cost of performance of the activity or
function by a contractor would be less costly to the Department
of Defense by an amount that equals or exceeds the lesser of
$10,000,000 or 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; and
``(iv) ensures that the public sector bid would not be
disadvantaged in the cost comparison process by a proposal of
an offeror to reduce costs for the Department of Defense by not
making an employer-sponsored health insurance plan available to
the workers who are to be employed in the performance of such
function under a contract or by offering to such workers an
employer-sponsored health benefits plan that requires the
employer to contribute less towards the premium or subscription
share than that which is paid by the Department of Defense for
health benefits for civilian employees under chapter 89 of
title 5.
``(B) Any function that is performed by civilian employees of the
Department of Defense and is proposed to be reengineered, reorganized,
modernized, upgraded, expanded, or changed in order to become more
efficient shall not be considered a new requirement for the purpose of
the competition requirements in subparagraph (A) or the requirements
for public-private competition in Office of Management and Budget
Circular A-76.
``(C) A function performed by more than 10 Federal Government
employees may not be separated into separate functions for the purposes
of avoiding the competition requirement in subparagraph (A) or the
requirements for public-private competition in Office of Management and
Budget Circular A-76.
``(D) The Secretary of Defense may waive the requirement for a
public-private competition under subparagraph (A) in specific instances
if--
``(i) the written waiver is prepared by the Secretary of
Defense or the relevant Assistant Secretary of Defense,
Secretary of a military department, or head of a Defense
Agency;
``(ii) the written waiver is accompanied by a detailed
determination that national security interests are so
compelling as to preclude compliance with the requirement for a
public-private competition; and
``(iii) a copy of the waiver is published in the Federal
Register within 10 working days after the date on which the
waiver is granted, although use of the waiver need not be
delayed until its publication.''.
(b) Inapplicability to Best-Value Source Selection Pilot Program.--
(1) Paragraph (5) of section 2461(b) of title 10, United States Code,
as added by subsection (a), shall not apply with respect to the pilot
program for best-value source selection for performance of information
technology services authorized by section 336 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1444; 10 U.S.C. 2461 note).
SEC. 852. PERFORMANCE OF CERTAIN WORK BY FEDERAL GOVERNMENT EMPLOYEES.
(a) Guidelines.--(1) The Secretary of Defense shall prescribe
guidelines and procedures for ensuring that consideration is given to
using Federal Government employees on a regular basis for work that is
performed under Department of Defense contracts and could be performed
by Federal Government employees.
(2) The guidelines and procedures prescribed under paragraph (1)
shall provide for special consideration to be given to contracts that--
(A) have been performed by Federal Government employees at
any time on or after October 1, 1980;
(B) are associated with the performance of inherently
governmental functions;
(C) were not awarded on a competitive basis; or
(D) have been determined by a contracting officer to be
poorly performed due to excessive costs or inferior quality.
(b) New Requirements.--(1) No public-private competition may be
required under Office of Management and Budget Circular A-76 or any
other provision of law or regulation before the performance of a new
requirement by Federal Government employees commences, the performance
by Federal Government employees of work pursuant to subsection (a)
commences, or the scope of an existing activity performed by Federal
Government employees is expanded. Office of Management and Budget
Circular A-76 shall be revised to ensure that the heads of all Federal
agencies give fair consideration to the performance of new requirements
by Federal Government employees.
(2) The Secretary of Defense shall, to the maximum extent
practicable, ensure that Federal Government employees are fairly
considered for the performance of new requirements, with special
consideration given to new requirements that include functions that--
(A) are similar to functions that have been performed by
Federal Government employees at any time on or after October 1,
1980; or
(B) are associated with the performance of inherently
governmental functions.
(c) Use of Flexible Hiring Authority.--The Secretary shall include
the use of the flexible hiring authority available through the National
Security Personnel System in order to facilitate performance by Federal
Government employees of new requirements and work that is performed
under Department of Defense contracts.
(d) Inspector General Report.--Not later than 180 days after the
enactment of this Act, the Inspector General of the Department of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the compliance of the
Secretary of Defense with the requirements of this section.
(e) Definitions.--In this section:
(1) The term ``National Security Personnel System'' means
the human resources management system established under the
authority of section 9902 of title 5, United States Code.
(2) The term ``inherently governmental function'' has the
meaning given that term in section 5 of the Federal Activities
Inventory Reform Act of 1998 (Public Law 105-270; 112 Stat.
2384; 31 U.S.C. 501 note).
SEC. 853. COMPETITIVE SOURCING REPORTING REQUIREMENT.
Not later than February 1, 2005, the Inspector General of the
Department of Defense shall submit to Congress a report addressing
whether the Department of Defense--
(1) employs a sufficient number of adequately trained
civilian employees--
(A) to conduct satisfactorily, taking into account
equity, efficiency and expeditiousness, all of the
public-private competitions that are scheduled to be
undertaken by the Department of Defense during the next
fiscal year (including a sufficient number of employees
to formulate satisfactorily the performance work
statements and most efficient organization plans for
the purposes of such competitions); and
(B) to administer any resulting contracts; and
(2) has implemented a comprehensive and reliable system to
track and assess the cost and quality of the performance of
functions of the Department of Defense by service contractors.
Subtitle G--Other Matters
SEC. 861. INAPPLICABILITY OF CERTAIN FISCAL LAWS TO SETTLEMENTS UNDER
SPECIAL TEMPORARY CONTRACT CLOSEOUT AUTHORITY.
Section 804(a) of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1541) is amended--
(1) by inserting ``(1)'' after ``(a) Authority.--''; and
(2) by adding at the end the following new paragraph:
``(2) Under regulations which the Secretary of Defense may
prescribe, a settlement of a financial account for a contract for the
procurement of property or services under paragraph (1) may be made
without regard to--
``(A) section 1301 of title 31, United States Code; and
``(B) any other provision of law that would preclude the
Secretary from charging payments under the contract--
``(i) to an unobligated balance in an appropriation
available for funding that contract; or
``(ii) if and to the extent that the unobligated
balance (if any) in such appropriation is insufficient
for funding such payments, to any current appropriation
that is available to the Department of Defense for
funding contracts for the procurement of the same or
similar property or services.''.
SEC. 862. DEMONSTRATION PROGRAM ON EXPANDED USE OF RESERVES TO PERFORM
DEVELOPMENTAL TESTING, NEW EQUIPMENT TRAINING, AND
RELATED ACTIVITIES.
(a) Requirement for Program.--The Secretary of the Army shall carry
out a demonstration program on use of members of reserve components of
the Armed Forces to perform test, evaluation, and related activities
for an acquisition program. The Secretary shall design and carry out
the demonstration program to achieve the purposes set forth in
subsection (b).
(b) Purposes.--The purposes of the demonstration program are as
follows:
(1) To determine whether cost savings and other benefits
result from use of members of reserve components of the Armed
Forces instead of contractor personnel to perform test and
evaluation activities for an acquisition program and related
acquisition, logistics, and new equipment training activities
for the acquisition program.
(2) To evaluate the advisability of using appropriations
available for multiyear research, development, test, and
evaluation and appropriations available for multiyear
procurements to reimburse reserve components for the pay,
allowances, and other expenses paid to or for Reserves used for
the acquisition program as described in paragraph (1).
(c) Reimbursement of Personnel Accounts Out of Procurement and
RDT&E Accounts.--(1) The Secretary of the Army may transfer from funds
available to the Army for an acquisition program to a reserve component
military personnel account the amount necessary to reimburse that
account for costs charged to that account for military pay and
allowances in connection with the use of reserve component personnel
for such acquisition program under this section.
(2) Not more than $10,000,000 may be transferred under this
subsection during any fiscal year of the demonstration program.
(3) Funds transferred to an account under this subsection shall be
merged with other sums in the account and shall be available for the
same period and purposes as the sums with which merged.
(4) The transfer authority under this subsection is in addition to
any other transfer authority provided in this or any other Act.
(d) Nonwaiver of Personnel and Training Policies and Procedures.--
Nothing in this section may be construed to authorize any deviation
from established personnel or training policies or procedures that are
applicable to the reserve components of the personnel used under the
demonstration program.
(e) Termination.--The demonstration program under this section
shall terminate on September 30, 2009.
SEC. 863. APPLICABILITY OF COMPETITION EXCEPTIONS TO ELIGIBILITY OF
NATIONAL GUARD FOR FINANCIAL ASSISTANCE FOR PERFORMANCE
OF ADDITIONAL DUTIES.
Section 113(b)(1)(B) of title 32, United States Code, is amended by
inserting before the period at the end the following: ``, subject to
the exceptions provided in section 2304(c) of title 10''.
SEC. 864. MANAGEMENT PLAN FOR CONTRACTOR SECURITY PERSONNEL.
(a) Requirement for Plan.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees, the Select Committee on Intelligence
of the Senate, and the Permanent Select Committee on Intelligence of
the House of Representatives a plan for the management and oversight of
contractor security personnel by Federal Government personnel in areas
where the Armed Forces are engaged in military operations. In the
preparation of such plan, the Secretary shall coordinate, as
appropriate, with the heads of other departments and agencies of the
Federal Government that would be affected by the implementation of the
plan.
(b) Policies and Procedures.--The plan under this section shall set
forth policies and procedures applicable to contractor security
personnel in potentially hazardous areas of military operations. The
policies and procedures shall address the following matters:
(1) Warning contractor security personnel of potentially
hazardous situations.
(2) Coordinating the movement of contractor security
personnel, especially through areas of increased risk or
planned or ongoing military operations.
(3) Rapidly identifying contractor security personnel by
members of the Armed Forces.
(4) Sharing relevant threat information with contractor
security personnel, and receiving information gathered by
contractor security personnel for use by United States and
coalition forces.
(5) Providing appropriate assistance to contractor security
personnel who become engaged in hostile situations.
(6) Providing medical assistance for, and evacuation of,
contractor personnel who become casualties as a result of enemy
actions.
(7) Investigating background and qualifications of
contractor security personnel and organizations.
(8) Establishing rules of engagement for armed contractor
security personnel, and ensuring proper training and compliance
with the rules of engagement.
(c) Options for Enhanced and Cost-Effective Contractor Security.--
The plan under subsection (a) shall include assessed options for
enhancing contractor security and reducing contractor security costs in
Iraq or in locations of armed conflict in the future. The options
covered shall include the following:
(1) Temporary commissioning of contractor security
personnel as reserve component officers in order to subject
such personnel to the military chain of command.
(2) Requiring contractor security personnel to obtain
security clearances to facilitate the communication of critical
threat information.
(3) Establishing a contract schedule for companies
furnishing contractor security personnel to provide a more
orderly process for the selection, training, and compensation
of such personnel.
(4) Establishing a contract schedule for companies to
provide more cost-effective insurance for contractor security
personnel.
(5) Providing for United States indemnification of
contractors to reduce the costs of insuring contractor security
personnel.
SEC. 865. REPORT ON CONTRACTOR PERFORMANCE OF SECURITY, INTELLIGENCE,
LAW ENFORCEMENT, AND CRIMINAL JUSTICE FUNCTIONS IN IRAQ.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the procurement of
services, by an agency of the United States Government or by the
Coalition Provisional Authority, for the performance of security,
intelligence, law enforcement, and criminal justice functions in Iraq.
(b) Content.--The report under subsection (a) shall include, at a
minimum, the following:
(1) Each security, intelligence, law enforcement, or
criminal justice function performed by a contractor in Iraq.
(2) For each such function--
(A) a determination of whether such function is an
inherently governmental function, together with a
discussion of the factual basis and rationale for that
determination;
(B) an explanation of the basis for the decision to
rely on a contractor to perform such function,
including a discussion of the extent to which the Armed
Forces lacked the expertise or manpower to perform that
function using Armed Forces personnel;
(C) a description of the chain of command for the
contractor performing such function, together with a
discussion of the manner in which the United States
Government or the Coalition Provisional Authority
supervises and directs the contractor's performance of
that function; and
(D) what sanctions are available to impose on any
contractor employee who--
(i) fails to comply with a requirement of
law or regulation that applies to such employee
in the performance of that function; or
(ii) engages in other misconduct in the
performance of that function.
(3) An explanation of the legal status of contractor
employees in the performance of such functions after the
administration of the sovereign powers of Iraq is transferred
from the Coalition Provisional Authority to a government of
Iraq on June 30, 2004.
(c) Coordination.--In the preparation of the report under this
section, the Secretary of Defense shall coordinate, as appropriate,
with the heads of any departments and agencies of the Federal
Government that are involved in the procurement of services for the
performance of functions described in subsection (a).
(d) Additional Congressional Recipients.--In addition to submitting
the report under this section to the congressional defense committees,
the Secretary of Defense shall also submit the report to the Select
Committee on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives.
SEC. 866. ACCREDITATION STUDY OF COMMERCIAL OFF-THE-SHELF PROCESSES FOR
EVALUATING INFORMATION TECHNOLOGY PRODUCTS AND SERVICES.
(a) Requirement for Study.--The Secretary of Defense shall carry
out a study of commercial off-the-shelf processes that are available
for measuring the quality of information technology and related
services through assessment of the production methods of the producers
of the technology.
(b) Purposes.--The purposes of the study of commercial off-the-
shelf processes under subsection (a) are as follows:
(1) To assess the value of such a process as a consistent
methodology for identifying high quality information technology
and the engineering sources capable of providing high quality
information technology and related services.
(2) To determine whether to accredit such a process for use
in procurements of information technology and related services
throughout the Department of Defense.
(c) Savings and Enhancements.--In carrying out the study under
subsection (a), the Secretary shall determine the benefits that would
result for the Department of Defense from use throughout the Department
of Defense of a commercial off-the-shelf process described in that
subsection to measure the quality of information technology products
and services in procurements described in subsection (b)(2),
including--
(1) projected annual savings in costs of development and
maintenance of information technology; and
(2) quantified enhancements of productivity, schedule,
performance, deficiency rates, and predictability.
(d) Baseline Data.--To define a baseline for measuring benefits
under subsection (c), the Secretary shall use empirical data that is
readily available to the Department of Defense and contractor sources.
(e) Information Considered.--The Secretary of Defense may consider
projections of savings and quantifications of enhancements that are
submitted by a contractor.
(f) Information Technology Defined.--In this section, the term
``information technology'' has the meaning given such term in section
11101(6) of title 40, United States Code.
SEC. 867. CONTRACTOR PERFORMANCE OF ACQUISITION FUNCTIONS CLOSELY
ASSOCIATED WITH INHERENTLY GOVERNMENTAL FUNCTIONS.
(a) Limitation.--(1) Chapter 141 of title 10, United States Code,
is amended by inserting after section 2382 the following new section:
``Sec. 2383. Contractor performance of acquisition functions closely
associated with inherently governmental functions
``(a) Limitation.--The head of an agency may enter a contract for
the performance of acquisition functions closely associated with
inherently governmental functions only if the Secretary determines
that--
``(1) appropriate military or civilian personnel of the
Department of Defense cannot reasonably be made available to
perform the functions;
``(2) appropriate military or civilian personnel of the
Department of Defense are--
``(A) to supervise contractor performance of the
contract; and
``(B) to perform all inherently governmental
functions associated with the functions to be performed
under the contract; and
``(3) the contractor does not have an organizational
conflict of interest or the appearance of an organizational
conflict of interest in the performance of the functions under
the contract.
``(b) Definitions.--In this section:
``(1) The term `head of an agency' has the meaning given
such term in section 2302(1) of this title, except that such
term does not include the Secretary of Homeland Security or the
Administrator of the National Oceanic and Atmospheric
Administration.
``(2) The term `inherently governmental functions' has the
meaning given such term in subpart 7.5 of part 7 of the Federal
Acquisition Regulation.
``(3) The term `functions closely associated with
inherently governmental functions' means the functions
described in section 7.503(d) of the Federal Acquisition
Regulation.
``(4) The term `organizational conflict of interest' has
the meaning given such term in subpart 9.5 of part 9 of the
Federal Acquisition Regulation.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2382 the
following new item:
``2383. Contractor performance of acquisition functions closely
associated with inherently governmental
functions.''.
(b) Effective Date and Applicability.--Section 2383 of title 10,
United States Code (as added by subsection (a)), shall take effect on
the date of enactment of this Act and shall apply to--
(1) contracts entered into on or after such date;
(2) any task or delivery order issued on or after such date
under a contract entered into before, on, or after such date;
and
(3) any decision on or after such date to exercise an
option or otherwise extend a contract for program management or
oversight of contracts for the reconstruction of Iraq,
regardless of whether such program management or oversight
contract was entered into before, on, or after the date of
enactment of this Act.
SEC. 868. CONTRACTING WITH EMPLOYERS OF PERSONS WITH DISABILITIES.
(a) Inapplicability of Randolph-Sheppard Act.--The Randolph-
Sheppard Act does not apply to any contract described in subsection (b)
for so long as the contract is in effect, including for any period for
which the contract is extended pursuant to an option provided in the
contract.
(b) Javits-Wagner-O'Day Contracts.--Subsection (a) applies to any
contract for the operation of a military mess hall, military troop
dining facility, or any similar dining facility operated for the
purpose of providing meals to members of the Armed Forces that--
(1) was entered into before the date of the enactment of
this Act with a nonprofit agency for the blind or an agency for
other severely handicapped in compliance with section 3 of the
Javits-Wagner-O'Day Act (41 U.S.C. 48); and
(2) either--
(A) is in effect on such date; or
(B) was in effect on the date of the enactment of
the National Defense Authorization Act for Fiscal Year
2004 (Public Law 108-136).
(c) Repeal of Superseded Law.--Section 852 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1556) is repealed.
SEC. 869. ENERGY SAVINGS PERFORMANCE CONTRACTS.
The Secretary of Defense shall, to the extent practicable, exercise
existing statutory authority, including the authority provided by
section 2865 of title 10, United States Code, and section 8256 of title
42, United States Code, to introduce life-cycle cost-effective upgrades
to Federal assets through shared energy savings contracting, demand
management programs, and utility incentive programs.
SEC. 870. AVAILABILITY OF FEDERAL SUPPLY SCHEDULE SUPPLIES AND SERVICES
TO UNITED SERVICE ORGANIZATIONS, INCORPORATED.
Section 220107 of title 36, United States Code, is amended by
inserting after ``Department of Defense'' the following: ``, including
access to General Services Administration supplies and services through
the Federal Supply Schedule of the General Services Administration,''.
SEC. 871. ACQUISITION OF AERIAL REFUELING AIRCRAFT FOR THE AIR FORCE.
(a) Compliance With Applicable Requirements.--The Secretary of
Defense shall ensure that the Secretary of the Air Force does not
proceed with the acquisition of aerial refueling aircraft for the Air
Force by lease or other contract, either with full and open competition
or under section 135 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1413) until the date
that is 60 days after the date on which the Secretary Defense has--
(1) reviewed all documentation for the acquisition,
including--
(A) the completed aerial refueling analysis of
alternatives (AOA) required by section 134(b) of the
National Defense Authorization Act for Fiscal Year
2004, pursuant to ``Analysis of Alternatives (AoA)
Guidance of KC-135 Recapitalization'', dated February
24, 2004;
(B) the completed aerial refueling portion of the
Mobility Capabilities Study;
(C) a new validated capabilities document in
accordance with the applicable Chairman of Joint Chiefs
of Staff Instruction; and
(D) the approval of a Defense Acquisition Board in
accordance with Department of Defense regulations; and
(2) submitted to the congressional defense committees a
determination in writing that the acquisition is in compliance
with all currently applicable laws, Office of Management and
Budget circulars, and regulations.
(b) Independent Review.--Not later than 45 days after the Secretary
of Defense makes the determination described in paragraph (2) of
subsection (a), the Comptroller General and the Inspector General of
the Department of Defense shall each review the documentation referred
to in paragraph (1) of such subsection and submit to the congressional
defense committees a report on the extent to which the acquisition is--
(1) in compliance with the requirements of this section and
all currently applicable laws, Office of Management and Budget
circulars, and regulations; and
(2) consistent with the analysis of alternatives referred
to in subparagraph (A) of subsection (a)(1) and the other
documentation referred to in such subsection.
(c) Limitation on Acquisition Beyond Low-Rate Initial Production.--
(1) The acquisition by lease or other contract of any aerial refueling
aircraft for the Air Force beyond low-rate initial production shall be
subject to, and for such acquisition the Secretary of the Air Force
shall comply with, the requirements of sections 2366 and 2399 of title
10, United States Code.
(2) For the purposes of this subsection, the term ``low-rate
initial production'', with respect to a lease, shall have the same
meaning as applies in the administration of sections 2366 and 2399 of
title 10, United States Code, with regard to any other form of
acquisition.
(d) Source Selection for Integrated Support of Aerial Refueling
Aircraft Fleet.--For the selection of a provider of integrated support
for the aerial refueling aircraft fleet in any acquisition by lease or
other contract of aerial refueling aircraft for the Air Force, the
Secretary of the Air Force shall--
(1) before selecting the provider, perform all analyses
required by law of--
(A) the costs and benefits of--
(i) the alternative of using Federal
Government personnel to provide such support;
and
(ii) the alternative of using contractor
personnel to provide such support;
(B) the core logistics requirements;
(C) use of performance-based logistics; and
(D) the length of contract period; and
(2) select the provider on the basis of fairly conducted
full and open competition (as defined in section 4(6) of the
Office of Federal Procurement Policy Act (41 U.S.C. 403(6))).
(e) Price Information.--Before the Secretary of the Air Force
commits to acquiring by lease or other contract any aerial refueling
aircraft for the Air Force, the Secretary shall require the
manufacturer to provide, with respect to commercial items covered by
the lease or contract, appropriate information on the prices at which
the same or similar items have previously been sold that is adequate
for evaluating the reasonableness of the price for the items.
(f) Audit Services.--The Secretary of the Air Force shall contact
the Office of the Inspector General for the Department of Defense for
review and approval of any Air Force use of non-Federal audit services
for any lease or other contract for the acquisition of aerial refueling
aircraft.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Reserve Components
SEC. 901. MODIFICATION OF STATED PURPOSE OF THE RESERVE COMPONENTS.
Section 10102 of title 10, United States Code, is amended by
striking ``, during and after the period needed to procure and train
additional units and qualified persons to achieve the planned
mobilization,''.
SEC. 902. COMMISSION ON THE NATIONAL GUARD AND RESERVES.
(a) Establishment.--There is established a commission to be known
as the ``Commission on the National Guard and Reserves'' (hereafter in
this section referred to as the ``Commission'').
(b) Composition.--(1) The Commission shall be composed of 13
members appointed as follows:
(A) Three members appointed by the chairman of the
Committee on Armed Services of the Senate.
(B) Three members appointed by the chairman of the
Committee on Armed Services of the House of Representatives.
(C) Two members appointed by the ranking minority member of
the Committee on Armed Services of the Senate.
(D) Two members appointed by the ranking minority member of
the Committee on Armed Service of the House of Representatives.
(E) Three members appointed by the Secretary of Defense.
(2) The members of the Commission shall be appointed from among
persons who have knowledge and expertise in the following areas:
(A) National security.
(B) Roles and missions of any of the Armed Forces.
(C) The mission, operations, and organization of the
National Guard of the United States.
(D) The mission, operations, and organization of the other
reserve components of the Armed Forces.
(E) Military readiness of the Armed Forces.
(F) Personnel pay and other forms of compensation.
(G) Other personnel benefits, including health care.
(3) Members of the Commission shall be appointed for the life of
the Commission. A vacancy in the membership of the Commission shall not
affect the powers of the Commission, but shall be filled in the same
manner as the original appointment.
(4) The Secretary of Defense shall designate a member of the
Commission to be chairman of the Commission.
(c) Duties.--(1) The Commission shall carry out a study of the
following matters:
(A) The roles and missions of the National Guard and the
other reserve components of the Armed Forces.
(B) The compensation and other benefits, including health
care benefits, that are provided for members of the reserve
components under the laws of the United States.
(2) In carrying out the study under paragraph (1), the Commission
shall--
(A) assess the current roles and missions of the reserve
components and identify appropriate potential future roles and
missions for the reserve components;
(B) assess the capabilities of the reserve components and
determine how the units and personnel of the reserve components
may be best used to support the military operations of the
Armed Forces and the achievement of national security
objectives, including homeland defense, of the United States;
(C) assess--
(i) the current organization and structure of the
National Guard and the other reserve components; and
(ii) the plans of the Department of Defense and the
Armed Forces for future organization and structure of
the National Guard and the other reserve components;
(D) assess the manner in which the National Guard and the
other reserve components are currently organized and funded for
training and identify an organizational and funding structure
for training that best supports the achievement of training
objectives and operational readiness;
(E) assess the effectiveness of the policies and programs
of the National Guard and the other reserve components for
achieving operational readiness and personnel readiness,
including medical and personal readiness;
(F) assess--
(i) the adequacy and appropriateness of the
compensation and benefits currently provided for the
members of the National Guard and the other reserve
components, including the availability of health care
benefits and health insurance; and
(ii) the effects of proposed changes in
compensation and benefits on military careers in both
the regular and the reserve components of the Armed
Forces;
(G) identify various feasible options for improving the
compensation and other benefits available to the members of the
National Guard and the members of the other reserve components
and assess--
(i) the cost-effectiveness of such options; and
(ii) the foreseeable effects of such options on
readiness, recruitment, and retention of personnel for
careers in the regular and reserve components the Armed
Forces;
(H) assess the traditional military career paths for
members of the National Guard and the other reserve components
and identify alternative career paths that could enhance
professional development; and
(I) assess the adequacy of the funding provided for the
National Guard and the other reserve components for several
previous fiscal years, including the funding provided for
National Guard and reserve component equipment and the funding
provided for National Guard and other reserve component
personnel in active duty military personnel accounts and
reserve military personnel accounts.
(d) First Meeting.--The Commission shall hold its first meeting not
later than 30 days after the date on which all members of the
Commission have been appointed.
(e) Administrative and Procedural Authorities.--(1) Except as
provided in paragraph (2), sections 955, 956, 957, 958, and 959 of the
National Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160; 107 Stat. 1740; 10 U.S.C 111 note) shall apply to the
Commission.
(2)(A) The daily rate of pay payable under section 957(a) of Public
Law 103-160 shall be equal to the daily rate of basic pay prescribed
for level IV of the Executive Schedule.
(B) Section 957(f) of Public Law 103-160 (relating to services of
federally funded research and development centers) shall not apply to
the Commission.
(3) The following provisions of law do not apply to the Commission:
(A) Section 3161 of title 5, United States Code.
(B) The Federal Advisory Committee Act (5 U.S.C. App.).
(f) Reports.--(1) Not later than March 31, 2005, the Commission
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report setting forth--
(A) a strategic plan for the work of the Commission;
(B) a discussion of the activities of the Commission; and
(C) any initial findings of the Commission.
(2) Not later than December 31, 2005, the Commission shall submit a
final report to the Committees of Congress referred to in paragraph
(1). The final report shall include any recommendations that the
Commission determines appropriate, including any recommended
legislation, policies, regulations, directives, and practices.
(g) Termination.--The Commission shall terminate 90 days after the
date on which the final report is submitted under subsection (f)(2).
(h) Annual Review Board.--(1)(A) Chapter 7 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 186. Reserve components: annual review
``(a) Independent Review Board.--The Secretary of Defense shall
appoint a board to review the reserve components of the armed forces.
``(b) Composition of Board.--(1) The Secretary shall appoint the
members of the board from among persons who have knowledge and
expertise in the following areas:
``(A) National security.
``(B) Roles and missions of any of the armed forces.
``(C) The mission, operations, and organization of any of
the reserve components.
``(D) Military readiness of the armed forces.
``(E) Personnel pay and other forms of compensation.
``(F) Other personnel benefits, including health care.
``(2) The Secretary of Defense shall designate a member of the
board to be chairman of the board.
``(c) Duties.--The board shall, on an annual basis--
``(1) review--
``(A) the roles and missions of the reserve
components; and
``(B) the compensation and other benefits,
including health care benefits, that are provided for
members of the reserve components under the laws of the
United States; and
``(2) submit to the Secretary of Defense a report on the
review, which shall include the findings of the board regarding
the matters reviewed and any recommendations that the board
considers appropriate regarding those matters.
``(d) Report to Congress.--Promptly after receiving the report
under subsection (c)(2), the Secretary shall transmit the report,
together with any comments and recommendations that the Secretary
considers appropriate, to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives.
``(e) Administrative Provisions.--Section 180(d) of this title
shall apply to the members of the review board appointed under this
section.''.
(B) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``186. Reserve components: annual review.''.
(2) The first review board under section 186 of title 10, United
States Code (as added by paragraph (1)), shall be appointed during
fiscal year 2006.
SEC. 903. CHAIN OF SUCCESSION FOR THE CHIEF OF THE NATIONAL GUARD
BUREAU.
(a) Senior Officer.--(1) Section 10502 of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(e) Succession.--Unless otherwise directed by the President or
the Secretary of Defense, the most senior officer among the officers of
the Army National Guard of the United States and the officers of the
Air National Guard of the United States performing the duties of
positions in the National Guard Bureau shall act as the Chief of the
National Guard Bureau during any period that--
``(1) there is a vacancy in the position of Chief of the
National Guard Bureau; or
``(2) the Chief is unable to perform the duties of that
position.''.
(2)(A) The heading of such section is amended by adding at the end
the following: ``; succession''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 1011 of such title is amended to read as
follows:
``10502. Chief of the National Guard Bureau: appointment; adviser on
National Guard matters; grade;
succession.''.
(b) Conforming Amendment.--Section 10505 of such title is amended
by striking subsections (d) and (e).
SEC. 904. REDESIGNATION OF VICE CHIEF OF THE NATIONAL GUARD BUREAU AS
DIRECTOR OF THE JOINT STAFF OF THE NATIONAL GUARD BUREAU.
(a) Redesignation of Position.--Subsection (a)(1) of section 10505
of title 10, United States Code, is amended by striking ``Vice Chief of
the National Guard Bureau'' and inserting ``Director of the Joint Staff
of the National Guard Bureau''.
(b) Conforming Amendments.--(1) Subsections (a)(3)(A), (a)(3)(B),
(b), (c), and (d) of section 10505 of title 10, United States Code, are
amended by striking ``Vice Chief of the National Guard Bureau'' and
inserting ``Director of the Joint Staff of the National Guard Bureau''.
(2) Subsection (a)(3)(B) of such section, as amended by paragraph
(1), is further amended by striking ``as the Vice Chief'' and inserting
``as the Director''.
(3) Paragraphs (2) and (4) of subsection (a) of such section are
amended by striking ``Chief and Vice Chief of the National Guard
Bureau'' and inserting ``Chief of the National Guard Bureau and the
Director of the Joint Staff of the National Guard Bureau''.
(4)(A) Subsection (e) of such section is amended--
(i) by striking ``Chief and Vice Chief of the National
Guard Bureau or in the absence or disability of both the Chief
and Vice Chief of the National Guard Bureau'' and inserting
``Chief of the National Guard Bureau and the Director of the
Joint Staff of the National Guard Bureau or in the absence or
disability of both the Chief and the Director''; and
(ii) by striking ``Chief or Vice Chief'' both places it
appears and inserting ``Chief or Director''.
(B) The heading for such subsection is amended by striking ``Vice
Chief.--'' and inserting ``Director of the Joint Staff.--''.
(5) Section 10506(a)(1) of title 10, United States Code, is amended
by striking ``Chief and Vice Chief of the National Guard Bureau'' and
inserting ``Chief of the National Guard Bureau and the Director of the
Joint Staff of the National Guard Bureau''.
(c) Clerical Amendments.--(1) The heading for section 10505 of
title 10, United States Code, is amended to read as follows:
``Sec. 10505. Director of the Joint Staff of the National Guard
Bureau''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 1011 of such title is amended to read as
follows:
``10505. Director of the Joint Staff of the National Guard Bureau.''.
(d) Other References.--Any reference that is made in any law,
regulation, document, paper, or other record of the United States to
the Vice Chief of the National Guard Bureau shall be deemed to be a
reference to the Director of the Joint Staff of the National Guard
Bureau.
SEC. 905. AUTHORITY TO REDESIGNATE THE NAVAL RESERVE.
(a) Authority of Secretary of the Navy.--The Secretary of the Navy
may, with the approval of the President, redesignate the Naval Reserve
as the ``Navy Reserve'' effective on the date that is 180 days after
the date on which the Secretary submits recommended legislation under
subsection (b).
(b) Recommended Legislation.--If the Secretary of the Navy
exercises the authority to redesignate the Naval Reserve under
subsection (a), the Secretary shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives recommended legislation that identifies each
specific provision of law that refers to the Naval Reserve and sets
forth an amendment to that specific provision of law to conform the
reference to the new designation.
(c) Effect of Redesignation.--On and after the effective date of a
redesignation of the Naval Reserve under subsection (a), any reference
in any law, map, regulation, document, paper, or other record of the
United States to the Naval Reserve shall be deemed to be a reference to
the Navy Reserve.
SEC. 906. HOMELAND SECURITY ACTIVITIES OF THE NATIONAL GUARD.
(a) Authority.--Chapter 1 of title 32, United States Code, is
amended by adding at the end the following new section:
``Sec. 116. Homeland security activities
``(a) Use of Personnel Performing Full-Time National Guard Duty.--
The Governor of a State may, upon the request by the head of a Federal
agency and with the concurrence of the Secretary of Defense, order any
personnel of the National Guard of the State to perform full-time
National Guard duty under section 502(f) of this title for the purpose
of carrying out homeland security activities, as described in
subsection (b).
``(b) Purpose and Duration.--(1) The purpose for the use of
personnel of the National Guard of a State under this section is to
temporarily provide trained and disciplined personnel to a Federal
agency to assist that agency in carrying out homeland security
activities.
``(2) The duration of the use of the National Guard of a State
under this section shall be limited to a period of 180 days. The
Governor of the State may, with the concurrence of the Secretary of
Defense, extend the period one time for an additional 90 days to meet
extraordinary circumstances.
``(c) Relationship to Required Training.-- A member of the National
Guard serving on full-time National Guard duty under orders authorized
under subsection (a) shall participate in the training required under
section 502(a) of this title in addition to the duty performed for the
purpose authorized under that subsection. The pay, allowances, and
other benefits of the member while participating in the training shall
be the same as those to which the member is entitled while performing
duty for the purpose of carrying out homeland security activities. The
member is not entitled to additional pay, allowances, or other benefits
for participation in training required under section 502(a)(1) of this
title.
``(d) Readiness.--To ensure that the use of units and personnel of
the National Guard of a State for homeland security activities does not
degrade the training and readiness of such units and personnel, the
following requirements shall apply in determining the homeland security
activities that units and personnel of the National Guard of a State
may perform:
``(1) The performance of the activities may not adversely
affect the quality of that training or otherwise interfere with
the ability of a member or unit of the National Guard to
perform the military functions of the member or unit.
``(2) National Guard personnel will not degrade their
military skills as a result of performing the activities.
``(3) The performance of the activities will not result in
a significant increase in the cost of training.
``(4) In the case of homeland security performed by a unit
organized to serve as a unit, the activities will support valid
unit training requirements.
``(e) Payment of Costs.--(1) The Secretary of Defense shall provide
funds to the Governor of a State to pay costs of the use of personnel
of the National Guard of the State for the performance of homeland
security activities under this section. Such funds shall be used for
the following costs:
``(A) The pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses (including all
associated training expenses, as determined by the Secretary),
as authorized by State law, of personnel of the National Guard
of that State used, while not in Federal service, for the
purpose of homeland security activities.
``(B) The operation and maintenance of the equipment and
facilities of the National Guard of that State used for the
purpose of homeland security activities.
``(2) The Secretary of Defense shall require the head of an agency
receiving support from the National Guard of a State in the performance
of homeland security activities under this section to reimburse the
Department of Defense for the payments made to the State for such
support under paragraph (1).
``(f) Memorandum of Agreement.--The Secretary of Defense and the
Governor of a State shall enter into a memorandum of agreement with the
head of each Federal agency to which the personnel of the National
Guard of that State are to provide support in the performance of
homeland security activities under this section. The memorandum of
agreement shall--
``(1) specify how personnel of the National Guard are to be
used in homeland security activities;
``(2) include a certification by the Adjutant General of
the State that those activities are to be performed at a time
when the personnel are not in Federal service;
``(3) include a certification by the Adjutant General of
the State that--
``(A) participation by National Guard personnel in
those activities is service in addition to training
required under section 502 of this title; and
``(B) the requirements of subsection (d) of this
section will be satisfied;
``(4) include a certification by the Attorney General of
the State (or, in the case of a State with no position of
Attorney General, a civilian official of the State equivalent
to a State attorney general), that the use of the National
Guard of the State for the activities provided for under the
memorandum of agreement is authorized by, and is consistent
with, State law;
``(5) include a certification by the Governor of the State
or a civilian official of the State designated by the Governor
that the activities provided for under the memorandum of
agreement serve a State security purpose; and
``(6) include a certification by the head of the Federal
agency that the agency will have a plan to ensure that the
agency's requirement for National Guard support ends not later
than 179 days after the commencement of the support.
``(g) Exclusion From End-Strength Computation.--Notwithstanding any
other provision of law, members of the National Guard on active duty or
full-time National Guard duty for the purposes of administering (or
during fiscal year 2003 otherwise implementing) this section shall not
be counted toward the annual end strength authorized for Reserves on
active duty in support of the reserve components of the armed forces or
toward the strengths authorized in sections 12011 and 12012 of title
10.
``(h) Annual Report.--The Secretary of Defense shall submit to
Congress an annual report regarding any assistance provided and
activities carried out under this section during the preceding fiscal
year. The report shall include the following:
``(1) The number of members of the National Guard excluded
under subsection (g) from the computation of end strengths.
``(2) A description of the homeland security activities
conducted with funds provided under this section.
``(3) An accounting of the amount of funds provided to each
State.
``(4) A description of the effect on military training and
readiness of using units and personnel of the National Guard to
perform homeland security activities under this section.
``(i) Statutory Construction.--Nothing in this section shall be
construed as a limitation on the authority of any unit of the National
Guard of a State, when such unit is not in Federal service, to perform
functions authorized to be performed by the National Guard by the laws
of the State concerned.
``(j) Definitions.--For purposes of this section:
``(1) The term `Governor of a State' means, in the case of
the District of Columbia, the Commanding General of the
National Guard of the District of Columbia.
``(2) The term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, or a
territory or possession of the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such section is amended by adding at the end the following new item:
``116. Homeland security activities.''.
Subtitle B--Other Matters
SEC. 911. STUDY OF ROLES AND AUTHORITIES OF THE DIRECTOR OF DEFENSE
RESEARCH AND ENGINEERING.
(a) Study Required.--The Secretary of Defense shall carry out a
study of the roles and authorities of the Director of Defense Research
and Engineering.
(b) Content of Study.--The study under this section shall include
the following:
(1) An examination of the past and current roles and
authorities of the Director of Defense Research and
Engineering.
(2) An analysis to determine appropriate future roles and
authorities for the Director, including an analysis of the
following matters:
(A) The relationship of the Director to other
senior science and technology and acquisition officials
of the military departments and the Defense Agencies
(B) The relationship of the Director to the
performance of the following functions:
(i) The planning, programming, and
budgeting of the science and technology
programs of the Department of Defense,
including those of the military departments and
the Defense Agencies.
(ii) The management of Department of
Defense laboratories and technical centers,
including the management of the Federal
Government scientific and technical workforce
for such laboratories and centers.
(iii) The promotion of the rapid transition
of technologies to acquisition programs within
the Department of Defense.
(iv) The promotion of the transfer of
technologies into and from the commercial
sector.
(v) The coordination of Department of
Defense science and technology activities with
organizations outside the Department of
Defense, including other Federal Government
agencies, international research organizations,
industry, and academia.
(vi) The technical review of Department of
Defense acquisition programs and policies.
(vii) The training and educational
activities for the national scientific and
technical workforce.
(viii) The development of science and
technology policies and programs relating to
the maintenance of the national technology and
industrial base.
(3) An examination of the duties of the Director as the
Chief Technology Officer of the Department of Defense,
especially in comparison to the duties of similar positions in
the Federal Government and industry.
(4) An examination of any other matters that the Secretary
considers appropriate for the study.
(c) Report.--(1) Not later than February 1, 2006, the Secretary
shall submit a report on the results of the study under this section to
the congressional defense committees.
(2) The report shall include recommendations regarding the
appropriate roles, authorities, and resources that should be assigned
to the Director of Defense Research and Engineering in order to enable
the Director to serve effectively as the Chief Technology Officer of
the Department of Defense and to support the transformation of the
Armed Forces.
(d) Role of Defense Science Board in Study and Report.--The
Secretary shall act through the Defense Science Board in carrying out
the study under this section and preparing the report under subsection
(c).
SEC. 912. DIRECTORS OF SMALL BUSINESS PROGRAMS.
(a) Redesignation of Existing Positions and Offices.--(1) Each of
the following positions within the Department of Defense is
redesignated as the Director of Small Business Programs:
(A) The Director of Small and Disadvantaged Business
Utilization of the Department of Defense.
(B) The Director of Small and Disadvantaged Business
Utilization of the Department of the Army.
(C) The Director of Small and Disadvantaged Business
Utilization of the Department of the Navy.
(D) The Director of Small and Disadvantaged Business
Utilization of the Department of the Air Force.
(2) Each of the following offices within the Department of Defense
is redesignated as the Office of Small Business Programs:
(A) The Office of Small and Disadvantaged Business
Utilization of the Department of Defense.
(B) The Office of Small and Disadvantaged Business
Utilization of the Department of the Army.
(C) The Office of Small and Disadvantaged Business
Utilization of the Department of the Navy.
(D) The Office of Small and Disadvantaged Business
Utilization of the Department of the Air Force.
(3) Any reference that is made in any law, regulation, document,
paper, or other record of the United States to a position or office
redesignated by paragraph (1) or (2) shall be deemed to be a reference
to the position or office as so redesignated.
(b) Department of Defense Position and Office.--(1) Chapter 4 of
title 10, United States Code, is amended by inserting after section
133b the following new section:
``Sec. 133c. Director of Small Business Programs
``(a) Director.--There is a Director of Small Business Programs in
the Department of Defense. The Director is appointed by the Secretary
of Defense.
``(b) Office of Small Business Programs.--The Office of Small
Business Programs of the Department of Defense is the office that is
established within the Office of the Secretary of Defense under section
15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of
Small Business Programs is the head of such office.
``(c) Duties and Powers.--(1) The Director of Small Business
Programs shall, subject to paragraph (2), perform such duties regarding
small business programs of the Department of Defense, and shall
exercise such powers regarding those programs, as the Secretary of
Defense may prescribe.
``(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)),
except for the designations of the Director and the Office, applies to
the Director of Small Business Programs.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 133b the
following new item:
``133c. Director of Small Business Programs.''.
(c) Department of the Army Position and Office.--(1) Chapter 303 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 3024. Director of Small Business Programs
``(a) Director.--There is a Director of Small Business Programs in
the Department of the Army. The Director is appointed by the Secretary
of the Army.
``(b) Office of Small Business Programs.--The Office of Small
Business Programs of the Department of the Army is the office that is
established within the Department of the Army under section 15(k) of
the Small Business Act (15 U.S.C. 644(k)). The Director of Small
Business Programs is the head of such office.
``(c) Duties and Powers.--(1) The Director of Small Business
Programs shall, subject to paragraph (2), perform such duties regarding
small business programs of the Department of the Army, and shall
exercise such powers regarding those programs, as the Secretary of the
Army may prescribe.
``(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)),
except for the designations of the Director and the Office, applies to
the Director of Small Business Programs.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``3024. Director of Small Business Programs.''.
(d) Department of the Navy Position and Office.--(1) Chapter 503 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 5028. Director of Small Business Programs
``(a) Director.--There is a Director of Small Business Programs in
the Department of the Navy. The Director is appointed by the Secretary
of the Navy.
``(b) Office of Small Business Programs.--The Office of Small
Business Programs of the Department of the Navy is the office that is
established within the Department of the Navy under section 15(k) of
the Small Business Act (15 U.S.C. 644(k)). The Director of Small
Business Programs is the head of such office.
``(c) Duties and Powers.--(1) The Director of Small Business
Programs shall, subject to paragraph (2), perform such duties regarding
small business programs of the Department of the Navy, and shall
exercise such powers regarding those programs, as the Secretary of the
Navy may prescribe.
``(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)),
except for the designations of the Director and the Office, applies to
the Director of Small Business Programs.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``5028. Director of Small Business Programs.''.
(d) Department of the Air Force Position and Office.--(1) Chapter
803 of title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 8024. Director of Small Business Programs
``(a) Director.--There is a Director of Small Business Programs in
the Department of the Air Force. The Director is appointed by the
Secretary of the Air Force.
``(b) Office of Small Business Programs.--The Office of Small
Business Programs of the Department of the Air Force is the office that
is established within the Department of the Air Force under section
15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of
Small Business Programs is the head of such office.
``(c) Duties and Powers.--(1) The Director of Small Business
Programs shall, subject to paragraph (2), perform such duties regarding
small business programs of the Department of the Air Force, and shall
exercise such powers regarding those programs, as the Secretary of the
Air Force may prescribe.
``(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)),
except for the designations of the Director and the Office, applies to
the Director of Small Business Programs.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``8024. Director of Small Business Programs.''.
SEC. 913. LEADERSHIP POSITIONS FOR THE NAVAL POSTGRADUATE SCHOOL.
(a) Designation of President.--(1) The position of Superintendent
of the Naval Postgraduate School is redesignated as President of the
Naval Postgraduate School.
(2) Any reference to the Superintendent of the Naval Postgraduate
School in any law, rule, regulation, document, record, or other paper
of the United States shall be deemed to be a reference to the President
of the Naval Postgraduate School.
(3) Sections 7042, 7044, 7048(a), and 7049(e) of title 10, United
States Code, are amended by striking ``Superintendent'' each place it
appears and inserting ``President''.
(4) The heading of section 7042 of such title is amended by
striking ``Superintendent;'' in the section heading and inserting
``President;''.
(b) Provost and Academic Dean.--(1) The position of Academic Dean
of the Naval Postgraduate School is redesignated as Provost and
Academic Dean of the Naval Postgraduate School.
(2) Any reference to the Academic Dean of the Naval Postgraduate
School in any law, rule, regulation, document, record, or other paper
of the United States shall be deemed to be a reference to the Provost
and Academic Dean of the Naval Postgraduate School.
(3)(A) Subsection (a) of section 7043 of title 10, United States
Code, is amended to read as follows:
``(a) There is at the Naval Postgraduate School the single civilian
position of Provost and Academic Dean. The Provost and Academic Dean
shall be appointed, to serve for periods of not more than five years,
by the Secretary of the Navy. Before making an appointment to the
position of Provost and Academic Dean, the Secretary shall consult with
the Board of Advisors for the Naval Postgraduate School and consider
any recommendation of the leadership and faculty of the Naval
Postgraduate School regarding an appointment to the position.''.
(B) The heading of such section is amended to read as follows:
``Sec. 7043. Provost and Academic Dean''.
(4) Sections 7043(b) and 7081(a) of title 10, United States Code,
are amended by striking ``Academic Dean'' and inserting ``Provost and
Academic Dean''.
(5) Section 5102(c)(10) of title 5, United States Code, is amended
by striking ``Academic Dean of the Postgraduate School of the Naval
Academy'' and inserting ``Provost and Academic Dean of the Naval
Postgraduate School''.
(c) Clerical Amendments.--The table of sections at the beginning of
chapter 605 of such title 10, United States Code, is amended by
striking the items related to sections 7042 and 7043 and inserting the
following new items:
``7042. President: assistants.
``7043. Provost and Academic Dean.''.
SEC. 914. UNITED STATES MILITARY CANCER INSTITUTE.
(a) Establishment.--Chapter 104 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2117. United States Military Cancer Institute
``(a) Establishment.--(1) There is a United States Military Cancer
Institute in the University. The Director of the United States Military
Cancer Institute is the head of the Institute.
``(2) The Institute is composed of clinical and basic scientists in
the Department of Defense who have an expertise in research, patient
care, and education relating to oncology and who meet applicable
criteria for participation in the Institute.
``(3) The components of the Institute include military treatment
and research facilities that meet applicable criteria and are
designated as affiliates of the Institute.
``(b) Research.--(1) The Director of the United States Military
Cancer Institute shall carry out research studies on the following:
``(A) The epidemiological features of cancer, including
assessments of the carcinogenic effect of genetic and
environmental factors, and of disparities in health, inherent
or common among populations of various ethnic origins.
``(B) The prevention and early detection of cancer.
``(C) Basic, translational, and clinical investigation
matters relating to the matters described in subparagraphs (A)
and (B).
``(2) The research studies under paragraph (1) shall include
complementary research on oncologic nursing.
``(c) Collaborative Research.--The Director of the United States
Military Cancer Institute shall carry out the research studies under
subsection (b) in collaboration with other cancer research
organizations and entities selected by the Institute for purposes of
the research studies.
``(d) Annual Report.--(1) Promptly after the end of each fiscal
year, the Director of the United States Military Cancer Institute shall
submit to the President of the University a report on the results of
the research studies carried out under subsection (b).
``(2) Not later than 60 days after receiving the annual report
under paragraph (1), the President of the University shall transmit
such report to the Secretary of Defense and to Congress.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2117. United States Military Cancer Institute.''.
SEC. 915. AUTHORITIES OF THE JUDGE ADVOCATES GENERAL.
(a) Department of the Army.--(1) Section 3019(b) of title 10,
United States Code, is amended by striking ``The General Counsel'' and
inserting ``Subject to sections 806 and 3037 of this title, the General
Counsel''.
(2)(A) Section 3037 of such title is amended to read as follows:
``Sec. 3037. Judge Advocate General, Assistant Judge Advocate General:
appointment; duties
``(a) Position of Judge Advocate General.--There is a Judge
Advocate General in the Army, who is appointed by the President, by and
with the advice and consent of the Senate, from officers of the Judge
Advocate General's Corps. The term of office is four years, but may be
sooner terminated or extended by the President. The Judge Advocate
General, while so serving, has the grade of lieutenant general.
``(b) Appointment.--The Judge Advocate General of the Army shall be
appointed from those officers who at the time of appointment are
members of the bar of a Federal court or the highest court of a State
or Territory, and who have had at least eight years of experience in
legal duties as commissioned officers.
``(c) Duties.--The Judge Advocate General, in addition to other
duties prescribed by law--
``(1) is the legal adviser of the Secretary of the Army,
the Chief of Staff of the Army, and the Army Staff, and of all
offices and agencies of the Department of the Army;
``(2) shall direct and supervise the members of the Judge
Advocate General's Corps and civilian attorneys employed by the
Department of the Army (other than those assigned or detailed
to the Office of the General Counsel of the Army) in the
performance of their duties;
``(3) shall direct and supervise the performance of duties
under chapter 47 of this title (the Uniform Code of Military
Justice) by any member of the Army;
``(4) shall receive, revise, and have recorded the
proceedings of courts of inquiry and military commissions; and
``(5) shall perform such other legal duties as may be
directed by the Secretary of the Army.
``(d) Position of Assistant Judge Advocate General.--There is an
Assistant Judge Advocate General in the Army, who is appointed by the
President, by and with the advice and consent of the Senate, from
officers of the Army who have the qualifications prescribed in
subsection (b) for the Judge Advocate General. The term of office of
the Assistant Judge Advocate General is four years, but may be sooner
terminated or extended by the President. An officer appointed as
Assistant Judge Advocate General who holds a lower regular grade shall
be appointed in the regular grade of major general.
``(e) Appointments Recommended by Selection Boards.--Under
regulations prescribed by the Secretary of Defense, the Secretary of
the Army, in selecting an officer for recommendation to the President
under subsection (a) for appointment as the Judge Advocate General or
under subsection (d) for appointment as the Assistant Judge Advocate
General, shall ensure that the officer selected is recommended by a
board of officers that, insofar as practicable, is subject to the
procedures applicable to selection boards convened under chapter 36 of
this title.''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 305 of such title is amended to read as
follows:
``3037. Judge Advocate General, Assistant Judge Advocate General:
appointment; duties.''.
(b) Department of the Navy.--(1) Section 5019(b) of title 10,
United States Code, is amended by striking ``The General Counsel'' and
inserting ``Subject to sections 806 and 5148 of this title, the General
Counsel''.
(2) Section 5148 of such title is amended--
(A) in subsection (b), by striking the fourth sentence and
inserting the following: ``The Judge Advocate General, while so
serving, has the grade of vice admiral or lieutenant general,
as appropriate.''; and
(B) by striking subsection (d) and inserting the following:
``(d) The Judge Advocate General, in addition to other duties
prescribed by law--
``(1) is the legal adviser of the Secretary of the Navy,
the Chief of Naval Operations, and all offices, bureaus, and
agencies of the Department of the Navy;
``(2) shall direct and supervise the judge advocates of the
Navy and the Marine Corps and civilian attorneys employed by
the Department of the Navy (other than those assigned or
detailed to the Office of the General Counsel of the Navy) in
the performance of their duties;
``(3) shall direct and supervise the performance of duties
under chapter 47 of this title (the Uniform Code of Military
Justice) by any member of the Navy or Marine Corps;
``(4) shall receive, revise, and have recorded the
proceedings of courts of inquiry and military commissions; and
``(5) shall perform such other legal duties as may be
directed by the Secretary of the Navy.''.
(c) Department of the Air Force.--(1) Section 8019(b) of title 10,
United States Code, is amended by striking ``The General Counsel'' and
inserting ``Subject to sections 806 and 8037 of this title, the General
Counsel''.
(2) Section 8037 of such title is amended--
(A) in subsection (a), by striking the third sentence and
inserting the following: ``The Judge Advocate General, while so
serving, has the grade of lieutenant general.''; and
(B) in subsection (c)--
(i) by striking ``General shall,'' in the matter
preceding paragraph (1) and inserting ``General,'';
(ii) by redesignating paragraphs (1) and (2) as
paragraphs (4) and (5), respectively, and, in each such
paragraph, by inserting ``shall'' before the first
word; and
(iii) by inserting after paragraph (1) the
following new paragraphs:
``(1) is the legal adviser of the Secretary of the Air
Force, the Chief of Staff of the Air Force, and the Air Staff,
and of all offices and agencies of the Department of the Air
Force;
``(2) shall direct and supervise the members of the Air
Force designated as judge advocates and civilian attorneys
employed by the Department of the Air Force (other than those
assigned or detailed to the Office of the General Counsel of
the Air Force) in the performance of their duties;
``(3) shall direct and supervise the performance of duties
under chapter 47 of this title (the Uniform Code of Military
Justice) by any member of the Air Force;''.
(d) Exclusion From Limitation on General and Flag Officer
Distribution.--Section 525(b) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(9) An officer while serving as the Judge Advocate General of the
Army, the Judge Advocate General of the Navy, or the Judge Advocate
General of the Air Force is in addition to the number that would
otherwise be permitted for that officer's armed force for officers
serving on active duty in grades above major general or rear admiral
under paragraph (1) or (2), as the case may be.''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon determination
by the Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of authorizations
made available to the Department of Defense in this division for fiscal
year 2005 between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred shall
be merged with and be available for the same purposes as the
authorization to which transferred.
(2) The total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$3,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN
FISCAL YEAR 2005.
(a) Fiscal Year 2005 Limitation.--The total amount contributed by
the Secretary of Defense in fiscal year 2005 for the common-funded
budgets of NATO may be any amount up to, but not in excess of, the
amount specified in subsection (b) (rather than the maximum amount that
would otherwise be applicable to those contributions under the fiscal
year 1998 baseline limitation).
(b) Total Amount.--The amount of the limitation applicable under
subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end of
fiscal year 2004, of funds appropriated for fiscal years before
fiscal year 2005 for payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to be
made under section 2501.
(c) Authorized Amounts.--Amounts authorized to be appropriated by
titles II and III of this Act are available for contributions for the
common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1), $756,000 for
the Civil Budget.
(2) Of the amount provided in section 301(1), $222,492,000
for the Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term ``common-
funded budgets of NATO'' means the Military Budget, the
Security Investment Program, and the Civil Budget of the North
Atlantic Treaty Organization (and any successor or additional
account or program of NATO).
(2) Fiscal year 1998 baseline limitation.--The term
``fiscal year 1998 baseline limitation'' means the maximum
annual amount of Department of Defense contributions for
common-funded budgets of NATO that is set forth as the annual
limitation in section 3(2)(C)(ii) of the resolution of the
Senate giving the advice and consent of the Senate to the
ratification of the Protocols to the North Atlantic Treaty of
1949 on the Accession of Poland, Hungary, and the Czech
Republic (as defined in section 4(7) of that resolution),
approved by the Senate on April 30, 1998.
SEC. 1003. REDUCTION IN OVERALL AUTHORIZATION DUE TO INFLATION SAVINGS.
(a) Reduction.--The total amount authorized to be appropriated by
titles I, II, and III is the amount equal to the sum of the individual
authorizations in those titles reduced by $1,670,000,000.
(b) Source of Savings.--Reductions required in order to comply with
subsection (a) shall be derived from savings resulting from lower-than-
expected inflation as a result of the annual review of the budget
conducted by the Office of Management and Budget.
(c) Allocation of Reduction.--The Secretary of Defense shall
allocate the reduction required by subsection (a) among the accounts in
titles I, II, and III to reflect the extent to which net inflation
savings are available in those accounts.
SEC. 1004. DEFENSE BUSINESS SYSTEMS INVESTMENT MANAGEMENT.
(a) Requirement for Defense Business Enterprise Architecture and
Transition Plan.--(1) Not later than September 30, 2005, the Secretary
of Defense shall develop--
(A) a defense business enterprise architecture covering all
defense business systems of the Department of Defense and the
functions and activities supported by such systems that--
(i) is sufficiently defined to effectively guide,
constrain, and permit implementation of interoperable
business system solutions; and
(ii) is consistent with the applicable policies and
procedures prescribed by the Director of the Office of
Management and Budget; and
(B) a transition plan for implementing the defense business
enterprise architecture.
(2) In carrying out paragraph (1), the Secretary shall act through
the Defense Business Systems Management Committee established under
subsection (h).
(b) Composition of Enterprise Architecture.--The defense business
enterprise architecture developed under subsection (a)(1)(A) shall
include the following:
(1) An information infrastructure that, at a minimum, would
enable the Department of Defense to--
(A) comply with all Federal accounting, financial
management, and reporting requirements;
(B) routinely produce timely, accurate, and
reliable financial information for management purposes;
(C) integrate budget, accounting, and program
information and systems; and
(D) provide for the systematic measurement of
performance, including the ability to produce timely,
relevant, and reliable cost information.
(2) Policies, procedures, data standards, and system
interface requirements that are to apply uniformly throughout
the Department of Defense.
(c) Composition of Transition Plan.--(1) The transition plan
developed under subsection (a)(1)(B) shall include the following:
(A) The acquisition strategy for new systems that are
expected to be needed to complete the defense business
enterprise architecture.
(B) A listing of the defense business systems as of
December 2, 2002 (known as ``legacy systems''), that will not
be part of the objective defense business enterprise
architecture, together with the schedule for terminating those
legacy systems that provides for reducing the use of those
legacy systems in phases.
(C) A listing of the legacy systems (referred to in
subparagraph (B)) that will be a part of the objective defense
business system, together with a strategy for making the
modifications to those systems that will be needed to ensure
that such systems comply with the defense business enterprise
architecture.
(2) Each of the strategies under paragraph (1) shall include
specific time-phased milestones, performance metrics, and a statement
of the financial and nonfinancial resource needs.
(d) Conditions for Use of Funds for Defense Business System
Modernization.--(1) After September 30, 2005, an officer or employee of
the United States may not obligate or expend an amount in excess of
$1,000,000 for a defense business system modernization unless the
Secretary of Defense or the official delegated authority for the system
covered by such modernization under subsection (e) has determined in
writing that such defense business system modernization--
(A) is consistent with the defense business enterprise
architecture and transition plan developed under subsection
(a); or
(B) is necessary to--
(i) achieve a critical national security capability
or address a critical requirement in an area such as
safety or security; or
(ii) prevent a significant adverse effect on a
project that is needed to achieve an essential
capability, taking into consideration the alternative
solutions for preventing such adverse effect.
(2) A violation of paragraph (1) is a violation of section
1341(a)(1)(A) of title 31, United States Code.
(e) Accountability for Defense Business Systems.--The Secretary of
Defense shall delegate authority for the planning, design, acquisition,
development, deployment, operation, maintenance, modernization, and
oversight of defense business systems as follows:
(1) To the Under Secretary of Defense for Acquisition,
Technology, and Logistics, for--
(A) defense business systems the primary purpose of
which is to support acquisition activities in the
Department of Defense;
(B) defense business systems the primary purpose of
which is to support logistics activities in the
Department of Defense; and
(C) defense business systems the primary purpose of
which is to support installations and environment
activities in the Department of Defense.
(2) To the Under Secretary of Defense (Comptroller) and
Chief Financial Officer, for--
(A) defense business systems the primary purpose of
which is to support financial management activities in
the Department of Defense; and
(B) defense business systems the primary purpose of
which is to support strategic planning and budgeting
activities in the Department of Defense.
(3) To the Under Secretary of Defense for Personnel and
Readiness, for defense business systems the primary purpose of
which is to support human resource management activities in the
Department of Defense.
(4) To the Assistant Secretary of Defense (Networks and
Information Integration) and Chief Information Officer, for
defense business systems the primary purpose of which is to
support information technology infrastructure and information
assurance activities of the Department of Defense.
(5) To the Deputy Secretary of Defense or an Under
Secretary of Defense, as designated by the Secretary of
Defense, for defense business systems the primary purpose of
which is to support any activity of the Department of Defense
not described in another paragraph of this subsection.
(f) Defense Business System Investment Review.--(1) The Secretary
of Defense shall require each official to whom authority is delegated
under subsection (e) to establish an investment review process to
review the planning, design, acquisition, development, deployment,
operation, maintenance, and modernization of all defense business
systems covered by the authority so delegated to that official, and to
analyze project cost benefits and risks of such systems.
(2) Each investment review process established under paragraph (1)
shall be consistent with the requirements of section 11312 of title 40,
United States Code, and shall include the following features:
(A) An investment review board composed of appropriate
officials from among the Armed Forces, combatant commands, the
Joint Staff, and Defense Agencies.
(B) Review and approval, by the investment review board, of
each defense business system as an investment before the
obligation or expenditure of funds on such system.
(C) Periodic review of each defense business system
investment not less often than annually.
(D) Use of threshold criteria to ensure that each defense
business system investment, and that accountability for each
defense business system investment, is reviewed at a level of
review within the Department of Defense that is appropriate for
the scope, complexity, and cost of the investment.
(E) Procedures for making determinations in accordance with
the requirements of subsection (d).
(g) Defense Business Systems Budget Exhibit.--For each budget for a
fiscal year after fiscal year 2005 that the President submits to
Congress under section 1105(a) of title 31, United States Code, the
Secretary of Defense shall include in the documentation on major
functional category 050 (National Defense) that the Secretary submits
to the congressional defense committees in support of such budget a
defense business systems budget exhibit that includes the following
information:
(1) Identification of each defense business system for
which funding is proposed in that budget.
(2) Identification of all funds, by appropriation, proposed
in that budget for each such system, including--
(A) funds for current services (to operate and
maintain the system); and
(B) funds for business systems modernization,
identified for each specific appropriation.
(3) For each such system, identification of the official to
whom authority for such system is delegated under subsection
(e).
(4) For each such system, a description of each
determination made under subsection (d) with regard to such
system.
(h) Defense Business System Management Committee.--(1) The
Secretary of Defense shall establish a Defense Business Systems
Management Executive Committee. The Committee shall be composed of the
following members:
(A) The Deputy Secretary of Defense, who shall be the
chairman of the Committee.
(B) The Under Secretary of Defense for Acquisition,
Logistics, and Technology.
(C) The Under Secretary of Defense for Personnel and
Readiness.
(D) The Under Secretary of Defense (Comptroller) and Chief
Financial Officer.
(E) The Assistant Secretary of Defense (Networks and
Information Integration) and Chief Information Officer.
(F) The Secretaries of the military departments.
(G) The heads of the Defense Agencies.
(H) Any personnel assigned to the Joint Staff, personnel
assigned to combatant commands, or other Department of Defense
personnel that the Secretary of Defense designates to serve on
the Committee.
(2) In addition to any other duties assigned to the Committee by
the Secretary of Defense, the Committee shall have the following
duties:
(A) To submit to the Secretary recommended policies and
procedures that the Committee considers necessary to
effectively integrate compliance with the requirements of this
section into all business activities and any transformation,
reform, reorganization, or process improvement initiatives
undertaken within the Department of Defense.
(B) To review and approve defense business systems
modernization plans, including review and approval of any major
update of the defense business enterprise architecture.
(C) To coordinate defense business system modernization
initiatives to maximize benefits and minimize costs for the
Department of Defense.
(D) To ensure that funds are not obligated for the
modernization of any defense business system in violation of
subsection (d)(1).
(E) To periodically report to the Secretary on the status
of defense business system modernization efforts.
(i) Definitions.--In this section:
(1) The term ``defense business system'' means any
information system (except a national security system, as
defined in section 2315 of title 10, United States Code) that
is operated by, for, or on behalf of the Department of Defense
to support business activities such as acquisition, financial
management, logistics, strategic planning and budgeting,
installations and environment, and human resource management.
(2) The term ``enterprise architecture'' has the meaning
given that term in section 3601(4) of title 44, United States
Code.
(3) The terms ``information system'' and ``information
technology'' have the meanings given those terms in section
11101 of title 40, United States Code.
(4) The term ``modernization'', with respect to a defense
business system, means the acquisition or development of a new
defense business system or any significant modification or
enhancement of an existing defense business system (other than
as necessary to maintain current services).
(j) Annual Report.--Not later than March 15 of 2005 and each year
thereafter through 2009, the Secretary of Defense shall submit to the
congressional defense committees a report on the progress made by the
Department of Defense in implementing the defense business enterprise
architecture and transition plan required by this section. Each report
shall include, at a minimum, the following information:
(1) A description of the specific actions taken and planned
to be taken to implement the defense business enterprise
architecture and the transition plan.
(2) Specific milestones, performance measures, and resource
commitments for such actions.
(k) Comptroller General Assessment.--Not later than 60 days after
the date on which the Secretary of Defense approves the defense
business enterprise architecture and transition plan developed under
subsection (a), and again each year not later than 60 days after the
submission of the annual report under subsection (j), the Comptroller
General shall submit to the congressional defense committees an
assessment of the extent to which the actions taken by the Department
comply with the requirements of this section.
(l) Relationship to Other Law.--Nothing in this section shall be
construed to modify or affect the applicability of the restrictions and
requirements provided in section 8088 of the Department of Defense
Appropriations Act, 2003 (Public Law 107-248; 116 Stat. 1556).
(m) Repeal of Superseded Law.--Section 1004 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (Public Law
107-314; 116 Stat. 2629; 10 U.S.C. 113 note) is repealed.
SEC. 1005. UNIFORM FUNDING AND MANAGEMENT OF SERVICE ACADEMY ATHLETIC
AND RECREATIONAL EXTRACURRICULAR PROGRAMS.
(a) United States Military Academy.--(1) Chapter 403 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 4359. Athletic and recreational extracurricular programs:
uniform funding
``The authority and conditions provided in section 2494 of this
title shall also apply to any athletic or recreational extracurricular
program of the Academy that--
``(1) is not considered a morale, welfare, or recreation
program referred to in such section;
``(2) is funded out of appropriated funds;
``(3) is supported by a supplemental mission
nonappropriated fund instrumentality; and
``(4) is not operated as a private organization.''.
(2) The table of sections at the beginning of such title is amended
by adding at the end the following new item:
``4359. Athletic and recreational extracurricular programs: uniform
funding.''.
(b) United States Naval Academy.--(1) Chapter 603 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 6978. Athletic and recreational extracurricular programs:
uniform funding
``The authority and conditions provided in section 2494 of this
title shall also apply to any athletic or recreational extracurricular
program of the Naval Academy that--
``(1) is not considered a morale, welfare, or recreation
program referred to in such section;
``(2) is funded out of appropriated funds;
``(3) is supported by a supplemental mission
nonappropriated fund instrumentality; and
``(4) is not operated as a private organization.''.
(2) The table of sections at the beginning of such title is amended
by adding at the end the following new item:
``6978. Athletic and recreational extracurricular programs: uniform
funding.''.
(c) United States Air Force Academy.--(1) Chapter 903 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 9358. Athletic and recreational extracurricular programs:
uniform funding
``The authority and conditions provided in section 2494 of this
title shall also apply to any athletic or recreational extracurricular
program of the Academy that--
``(1) is not considered a morale, welfare, or recreation
program referred to in such section;
``(2) is funded out of appropriated funds;
``(3) is supported by a supplemental mission
nonappropriated fund instrumentality; and
``(4) is not operated as a private organization.''.
(2) The table of sections at the beginning of such title is amended
by adding at the end the following new item:
``9358. Athletic and recreational extracurricular programs: uniform
funding.''.
(d) Effective Date and Applicability.--This section and the
amendments made by this section shall take effect on October 1, 2004,
and shall apply with respect to funds appropriated for fiscal years
beginning on or after such date.
SEC. 1006. AUTHORIZATION OF APPROPRIATIONS FOR A CONTINGENT EMERGENCY
RESERVE FUND FOR OPERATIONS IN IRAQ AND AFGHANISTAN.
(a) Authorization of Supplemental Appropriations.--In addition to
any other amounts authorized to be appropriated by this Act, there is
hereby authorized to be appropriated for the Department of Defense for
fiscal year 2005, subject to subsections (b) and (c), $25,000,000,000,
to be available only for activities in support of operations in Iraq
and Afghanistan.
(b) Specific Amounts.--Of the amount authorized to be appropriated
under subsection (a), funds are authorized to be appropriated in
amounts for purposes as follows:
(1) For the Army for operation and maintenance,
$14,500,000,000.
(2) For the Navy for operation and maintenance,
$1,000,000,000.
(3) For the Marine Corps for operation and maintenance,
$2,000,000,000.
(4) For the Air Force for operation and maintenance,
$1,000,000,000.
(5) For operation and maintenance, Defense-wide activities,
$2,000,000,000.
(6) For military personnel, $2,000,000,000.
(7) An additional amount of $2,500,000,000 to be available
for transfer to--
(A) operation and maintenance accounts;
(B) military personnel accounts;
(C) research, development, test, and evaluation
accounts;
(D) procurement accounts;
(E) classified programs; and
(F) Coast Guard operating expenses.
(c) Authorization Contingent on Budget Request.--The authorization
of appropriations in subsection (a) shall be effective only to the
extent that a budget request for all or part of the amount authorized
to be appropriated under such subsection for the purposes set forth in
such subsection is transmitted by the President to Congress after the
date of the enactment of this Act and includes a designation of the
requested amount as an emergency and essential to support activities in
Iraq and Afghanistan.
(d) Transfer Authority.--(1) Of the amount authorized to be
appropriated under subsection (b)(7) for transfer, no transfer may be
made until the Secretary of Defense consults with the Chairmen and
Ranking Members of the congressional defense committees and then
notifies such committees in writing not later than five days before the
transfer is made.
(2) The transfer authority provided under this section is in
addition to any other transfer authority available to the Department of
Defense.
(e) Monthly Report.--The Secretary of Defense shall submit to the
congressional defense committees each month a report on the use of
funds authorized to be appropriated under this section. The report for
a month shall include in a separate display for each of Iraq and
Afghanistan, the activity for which the funds were used, the purpose
for which the funds were used, the source of the funds used to carry
out that activity, and the account to which those expenditures were
charged.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. EXCHANGE AND SALE OF OBSOLETE NAVY SERVICE CRAFT AND BOATS.
(a) In General.--Chapter 633 of title 10, United States Code, is
amended by inserting after section 7309 the following new section:
``Sec. 7309a. Service craft and boats: exchange or sale
``(a) In General.--The Secretary of the Navy may, in acquiring
personal property under section 503 of title 40, exchange or sell
obsolete Navy service craft or boats that are similar to such personal
property and apply the exchange allowance or proceeds of sale in whole
or part payment for such personal property.
``(b) Use of Proceeds for Cost of Preparation of Sale.--In selling
a service craft or boat under subsection (a), the Secretary shall
obtain, to the extent practicable, amounts necessary to recover the
full costs, whether direct or indirect, incurred by the Navy in
preparing the service craft or boat for sale, including costs of
towing, storage, defueling, removal and disposal of hazardous wastes,
environmental surveys to determine the presence of regulated materials
containing polychlorinated biphenyl (PCB), removal and disposal of such
materials, and other related costs.
``(c) Treatment of Additional Proceeds.--(1) Any proceeds of sale
of a service craft or boat under subsection (a) that are in addition to
amounts necessary to recover the costs of the preparation of sale of
the service craft or boat under subsection (b) shall be deposited in an
account in the Treasury established for purposes of this section.
``(2) Amounts in the account under paragraph (1) shall be available
to the Secretary for the payment of costs associated with the
preparation of obsolete Navy service craft or boats for sale or
exchange under this section. Amounts in the account shall be available
for that purpose without fiscal year limitation.
``(3) The Secretary shall, on a periodic basis, deposit amounts in
the account under paragraph (1) that are in excess of the amounts
otherwise utilized under paragraph (2) in the general Treasury as
miscellaneous receipts, or in another account in the Treasury as
otherwise provided by law.
``(d) Inapplicability of Certain Procurement Requirements.--
Notwithstanding section 503(b)(3) of title 40, section 3709 of the
Revised Statutes (41 U.S.C. 5) shall not apply to the exchange or sale
of service craft or boats under this section.
``(e) Regulations.--The Secretary may prescribe regulations
relating to the exercise of authority under this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7309 the following new item:
``7309a. Service craft and boats: exchange or sale.''.
SEC. 1012. LIMITATION ON DISPOSAL OF OBSOLETE NAVAL VESSEL.
The Secretary of the Navy may not dispose of the decommissioned
destroyer ex-Edson (DD-946) before October 1, 2007, to an entity that
is not a nonprofit organization unless the Secretary first determines
that there is no nonprofit organization that meets the criteria for
donation of that vessel under section 7306(a)(3) of title 10, United
States Code.
SEC. 1013. AWARD OF CONTRACTS FOR SHIP DISMANTLING ON NET COST BASIS.
(a) In General.--Chapter 633 of title 10, United States Code, is
amended by inserting after section 7305 the following new section:
``Sec. 7305a. Contracts for ship dismantling: award on net cost basis
``(a) Authority.--Notwithstanding any other provision of law, the
Secretary of the Navy may use net cost as a criterion in the selection
of an offeror for award of a contract for the dismantling of one or
more ships stricken from the Naval Vessel Register and may accord that
criterion such weight in the offer evaluation process as the Secretary
considers appropriate and specifies in the solicitation of offers for
that contract.
``(b) Competition.--In exercising the authority under this section,
the Secretary shall to the maximum extent practicable use the
competitive procedure or combination of competitive procedures that is
best suited under the circumstances.
``(c) Retention of Proceeds.--When the Secretary of the Navy awards
a ship dismantling contract on a net cost basis, the contractor may
retain the proceeds from the sale of scrap and reusable items from the
vessel being dismantled.
``(d) Definitions.--For purposes of this section:
``(1) The term `net cost', with respect to a contract for
the dismantling of a ship, means the amount equal to the excess
of--
``(A) the amount of the contractor's gross cost of
performance of the contract, over
``(B) the estimated value of scrap and reusable
items that the contractor removes from the ship during
performance of the contract, as stated in the
contractor's offer for such contract.
``(2) The term `scrap' means personal property that has no
value except for its basic material content.
``(3) The term `reusable item', with respect to a ship,
means any demilitarized component or removable portion of the
ship or the ship's equipment that the Navy has identified as
excess to its needs but which has potential resale value on the
open market.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7305 the following new item:
``7305a. Contracts for ship dismantling: award on net cost basis.''.
SEC. 1014. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN
COUNTRIES.
(a) Authority To Transfer by Grant.--The Secretary of the Navy is
authorized to transfer vessels to foreign countries on a grant basis
under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j) as follows:
(1) Chile.--To the Government of Chile, the SPRUANCE class
destroyer O'BANNON (DD 987).
(2) Portugal.--To the Government of Portugal, the OLIVER
HAZARD PERRY class guided missile frigate GEORGE PHILIP (FFG
12) and the OLIVER HAZARD PERRY class guided missile frigate
USS SIDES (FFG 14).
(b) Authority To Transfer by Sale.--The Secretary of the Navy is
authorized to transfer vessels to foreign countries on a sale basis
under section 21 of the Arms Export Control Act (22 U.S.C. 2761) as
follows:
(1) Taiwan.--To the Taipei Economic and Cultural
Representative Office in the United States (which is the Taiwan
instrumentality designated pursuant to section 10(a) of the
Taiwan Relations Act), the ANCHORAGE class dock landing ship
ANCHORAGE (LSD 36).
(2) Chile.--To the Government of Chile, the SPRUANCE class
destroyer FLETCHER (DD 992).
(c) Grants Not Counted in Annual Total of Transferred Excess
Defense Articles.--The value of a vessel transferred to another country
on a grant basis under section 516 of the Foreign Assistance Act of
1961 (22 U.S.C. 2321j) pursuant to authority provided by subsection (a)
shall not be counted for the purposes of subsection (g) of that section
in the aggregate value of excess defense articles transferred to
countries under that section in any fiscal year.
(d) Costs of Transfers.--Any expense incurred by the United States
in connection with a transfer authorized by this section shall be
charged to the recipient (notwithstanding section 516(e)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)(1)).
(e) Repair and Refurbishment in United States Shipyards.--To the
maximum extent practicable, the President shall require, as a condition
of the transfer of a vessel under this section, that the country to
which the vessel is transferred have such repair or refurbishment of
the vessel as is needed, before the vessel joins the naval forces of
that country, performed at a shipyard located in the United States,
including a United States Navy shipyard.
(f) Expiration of Authority.-- The authority to transfer a vessel
under this section shall expire at the end of the two-year period
beginning on the date of the enactment of this Act.
Subtitle C--Reports
SEC. 1021. REPORT ON CONTRACTOR SECURITY IN IRAQ.
(a) Report Required.--(1) Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall submit a
report on contractor security in Iraq to the congressional defense
committees. The report shall include, at a minimum--
(A) information on the security of contractor employees in
Iraq, as described in subsection (b);
(B) information on contract security personnel in Iraq, as
described in subsection (c); and
(C) any recommended actions that the Secretary considers
appropriate to enhance contractor security in Iraq.
(2) The information included in the report shall be current as of
September 30, 2004.
(b) Security of Contractor Employees in Iraq.--The report under
subsection (a) shall include information on contractor employees in
Iraq, as follows:
(1) The number of contractor employees in each of the
following categories of nationals:
(A) Nationals of the United States.
(B) Nationals of Iraq.
(C) Nationals of states other than the United
States and Iraq.
(2) For each of the categories of nationals listed in
paragraph (1), the number of casualties among contractor
employees on and after May 1, 2003.
(c) Contract Security Personnel.--The report required by subsection
(a) shall include information on contract security personnel of a
contractor in Iraq, as follows:
(1) The number of contract security personnel engaged in
providing security services to personnel or facilities in each
of the following categories:
(A) Personnel or facilities of the United States
Government or the Coalition Provisional Authority.
(B) Personnel or facilities of the Iraqi
Government.
(C) Personnel or facilities of a contractor or
subcontractor.
(2) For each of the categories of nationals listed in
subsection (b)(1), the following information:
(A) The number of contract security personnel.
(B) The range of annual rates of pay of the
contract security personnel.
(C) The number of casualties among the contract
security personnel on and after May 1, 2003.
(3) The number, types, and sources of weapons that contract
security personnel are authorized to possess in each of the
following categories:
(A) Weapons provided by coalition forces.
(B) Weapons supplied by the contractor.
(C) Weapons supplied by other sources.
(4) The extent to which contract security personnel are
equipped with other critical equipment, such as body armor,
armored vehicles, secure communications, and friend-foe
identification.
(5) An assessment of the extent to which contract security
personnel have been engaged by hostile fire on and after May 1,
2003.
(d) Coordination.--In the preparation of the report under this
section, the Secretary of Defense shall coordinate with the heads of
any other departments and agencies of the Federal Government that are
affected by the performance of Federal Government contracts by
contractor personnel in Iraq.
(e) Additional Congressional Recipients.--In addition to submitting
the report on contractor security under this section to the
congressional defense committees, the Secretary of Defense shall also
submit the report to any other committees of Congress that the
Secretary determines appropriate to receive such report taking into
consideration the requirements of the Federal Government that
contractor personnel in Iraq are engaged in satisfying.
(f) Forms of Report.--The report required by this section shall be
submitted in classified and unclassified forms.
(g) Definitions.--In this section:
(1) The term ``contract security personnel'' includes
employees of a contractor or subcontractor who, under a covered
contract, provide security services in Iraq to--
(A) personnel or facilities of the United States
Government or the Coalition Provisional Authority;
(B) personnel or facilities of the Iraqi
Government; or
(C) personnel or facilities of a contractor.
(2) The term ``covered contract''--
(A) means a contract entered into by an agency of
the United States Government or by the Coalition
Provisional Authority for the procurement of products
or services to be provided in Iraq, regardless of the
source of the funding for such procurement; and
(B) includes a subcontract under such a contract,
regardless of the source of the funding for such
procurement.
(3) The term ``national of the United States'' has the
meaning given such term in section 101(22) of the Immigration
and Nationality Act (8 U.S.C. 1101(22)).
(4) The term ``national'', except as provided in paragraph
(3), has the meaning given such term in section 101(21) of such
Act.
SEC. 1022. TECHNICAL CORRECTION TO REFERENCE TO CERTAIN ANNUAL REPORTS.
Section 2474(f)(2) of title 10, United States Code, is amended by
striking ``section 2466(e)'' and inserting ``section 2466(d)''.
SEC. 1023. STUDY OF ESTABLISHMENT OF MOBILIZATION STATION AT CAMP
RIPLEY NATIONAL GUARD TRAINING CENTER, LITTLE FALLS,
MINNESOTA.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall carry out and complete a study on
the feasibility of the use of Camp Ripley National Guard Training
Center, Little Falls, Minnesota, as a mobilization station for reserve
components ordered to active duty under provisions of law referred to
in section 101(a)(13)(B) of title 10, United States Code. The study
shall include consideration of the actions necessary to establish such
center as a mobilization station.
SEC. 1024. REPORT ON TRAINING PROVIDED TO MEMBERS OF THE ARMED FORCES
TO PREPARE FOR POST-CONFLICT OPERATIONS.
(a) Study on Training.--The Secretary of Defense shall conduct a
study to determine the extent to which members of the Armed Forces
assigned to duty in support of contingency operations receive training
in preparation for post-conflict operations and to evaluate the quality
of such training.
(b) Matters To Be Included in Study.--As part of the study under
subsection (a), the Secretary shall specifically evaluate the
following:
(1) The doctrine, training, and leader-development system
necessary to enable members of the Armed Forces to successfully
operate in post-conflict operations.
(2) The adequacy of the curricula at military educational
facilities to ensure that the Armed Forces has a cadre of
members skilled in post-conflict duties, including a
familiarity with applicable foreign languages and foreign
cultures.
(3) The training time and resources available to members
and units of the Armed Forces to develop cultural awareness
about ethnic backgrounds and religious beliefs of the people
living in areas in which post-conflict operations are likely to
occur.
(4) The adequacy of training transformation to emphasize
post-conflict operations, including interagency coordination in
support of combatant commanders.
(c) Report on Study.--Not later than May 1, 2005, the Secretary
shall submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report on
the result of the study conducted under this section.
SEC. 1025. REPORT ON AVAILABILITY OF POTENTIAL OVERLAND BALLISTIC
MISSILE DEFENSE TEST RANGES.
The Secretary of Defense shall submit to Congress a report
assessing the availability to the Department of Defense of potential
ballistic missile defense test ranges for overland intercept flight
tests of defenses against ballistic missile systems with a range of 750
to 1,500 kilometers.
SEC. 1026. OPERATION OF THE FEDERAL VOTING ASSISTANCE PROGRAM AND THE
MILITARY POSTAL SYSTEM.
(a) Requirement for Reports.--(1) The Secretary of Defense shall
submit to Congress two reports on the actions that the Secretary has
taken to ensure that--
(A) the Federal Voting Assistance Program functions
effectively to support absentee voting by members of the Armed
Forces deployed outside the United States in support of
Operation Iraqi Freedom, Operation Enduring Freedom, and all
other contingency operations; and
(B) the military postal system functions effectively to
support the morale of the personnel described in subparagraph
(A) and absentee voting by such members.
(2)(A) The first report under paragraph (1) shall be submitted not
later than 60 days after the date of the enactment of this Act.
(B) The second report under paragraph (1) shall be submitted not
later than 60 days after the date on which the first report is
submitted under that paragraph.
(3) In this subsection, the term ``Federal Voting Assistance
Program'' means the program referred to in section 1566(b)(1) of title
10, United States Code.
(b) Implementation of Recommended Postal System Improvements.--Not
later than 90 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to Congress a report setting forth--
(1) the actions taken to implement the recommendations of
the Military Postal Service Agency Task Force, dated 28 August
2000; and
(2) in the case of each such recommendation not implemented
or not fully implemented as of the date of report, the reasons
for not implementing or not fully implementing such
recommendation, as the case may be.
SEC. 1027. REPORT ON ESTABLISHING NATIONAL CENTERS OF EXCELLENCE FOR
UNMANNED AERIAL AND GROUND VEHICLES.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the need for one or more
national centers of excellence for unmanned aerial and ground vehicles.
(b) Goal of Centers.--The goal of the centers covered by the report
is to promote interservice cooperation and coordination in the
following areas:
(1) Development of joint doctrine for the organization,
training, and use of unmanned aerial and ground vehicles.
(2) Joint research, development, test, and evaluation, and
joint procurement of unmanned aerial and ground vehicles.
(3) Identification and coordination, in conjunction with
the private sector and academia, of the future development of
unmanned aerial and ground vehicles.
(4) Monitoring of the development and utilization of
unmanned aerial and ground vehicles in other nations for both
military and non-military purposes.
(5) The providing of joint training and professional
development opportunities in the use and operation of unmanned
aerial and ground vehicles to military personnel of all ranks
and levels of responsibility.
(c) Report Requirements.--The report shall include, at a minimum,
the following:
(1) A list of facilities where the Defense Department
currently conducts or plans to conduct research, development,
and testing activities on unmanned aerial and ground vehicles.
(2) A list of facilities where the Department of Defense
currently deploys or has committed to deploying unmanned aerial
or ground vehicles.
(3) The extent to which existing facilities described in
paragraphs (1) and (2) have sufficient unused capacity and
expertise to research, develop, test, and deploy the current
and next generations of unmanned aerial and ground vehicles and
to provide for the development of doctrine on the use and
training of operators of such vehicles.
(4) The extent to which efficiencies on research,
development, testing, and deployment of existing or future
unmanned aerial and ground vehicles can be achieved through
consolidation at one or more national centers of excellence for
unmanned aerial and ground vehicles.
(5) A list of potential locations for national centers of
excellence.
(d) Considerations.--In determining the potential locations for the
national centers of excellence under this section, the Secretary of
Defense shall take into consideration existing Air Force facilities
that have--
(1) a workforce of skilled personnel;
(2) existing capacity of runways and other facilities to
accommodate the research, testing, and deployment of current
and future unmanned aerial vehicles; and
(3) minimal restrictions on the research, development, and
testing of unmanned aerial vehicles resulting from proximity to
large population centers or airspace heavily utilized by
commercial flights.
SEC. 1028. REPORT ON POST-MAJOR COMBAT OPERATIONS PHASE OF OPERATION
IRAQI FREEDOM.
(a) Report Required.--(1) Not later than March 31, 2005, the
Secretary of Defense shall submit to the congressional defense
committees a report on the conduct of military operations during the
post-major combat operations phase of Operation Iraqi Freedom.
(2) The report shall be prepared in consultation with the Chairman
of the Joint Chiefs of Staff, the Commander of the United States
Central Command, and such other officials as the Secretary considers
appropriate.
(b) Content.--(1) The report shall include a discussion of the
matters described in paragraph (2), with a particular emphasis on
accomplishments and shortcomings and on near-term and long-term
corrective actions to address such shortcomings.
(2) The matters to be discussed in the report are as follows:
(A) The military and political objectives of the
international coalition conducting the post-major combat
operations phase of Operation Iraqi Freedom, and the military
strategy selected to achieve such objectives, together with an
assessment of the execution of the military strategy.
(B) The mobilization process for the reserve components of
the Armed Forces, including the timeliness of notification,
training and certification, and subsequent demobilization.
(C) The use and performance of major items of United States
military equipment, weapon systems, and munitions (including
non-lethal weapons and munitions, items classified under
special access procedures, and items drawn from prepositioned
stocks) and any expected effects of the experience with the use
and performance of such items on the doctrinal and tactical
employment of such items and on plans for continuing the
acquisition of such items.
(D) Any additional requirements for military equipment,
weapon systems, munitions, force structure, or other capability
identified during the post-major combat operations phase of
Operation Iraqi Freedom, including changes in type or quantity
for future operations.
(E) The effectiveness of joint air operations, together
with an assessment of the effectiveness of--
(i) the employment of close air support; and
(ii) attack helicopter operations.
(F) The use of special operations forces, including
operational and intelligence uses.
(G) The scope of logistics support, including support to
and from other nations and from international organizations and
organizations and individuals from the private sector in Iraq.
(H) The incidents of accidental fratricide, including a
discussion of the effectiveness of the tracking of friendly
forces and the use of the combat identification systems in
mitigating friendly fire incidents.
(I) The adequacy of spectrum and bandwidth to transmit
information to operational forces and assets, including
unmanned aerial vehicles, ground vehicles, and individual
soldiers.
(J) The effectiveness of strategic, operational, and
tactical information operations, including psychological
operations and assets, organization, and doctrine related to
civil affairs, in achieving established objectives, together
with a description of technological and other restrictions on
the use of information operations capabilities.
(K) The readiness of the reserve component forces used in
the post-major combat operations phase of Operation Iraqi
Freedom, including an assessment of the success of the reserve
component forces in accomplishing their missions.
(L) The adequacy of intelligence support during the post-
major combat operations phase of Operation Iraqi Freedom,
including the adequacy of such support in searches for weapons
of mass destruction.
(M) The rapid insertion and integration, if any, of
developmental but mission-essential equipment, organizations,
or procedures during the post-major combat operations phase of
Operation Iraqi Freedom.
(N) A description of the coordination, communication, and
unity of effort between the Armed Forces, the Coalition
Provisional Authority, other United States government agencies
and organizations, nongovernmental organizations, and
political, security, and nongovernmental organizations of Iraq,
including an assessment of the effectiveness of such efforts.
(O) The adequacy of training for military units once
deployed to the United States Central Command, including
training for changes in unit mission and continuation training
for high-intensity conflict missions.
(P) An estimate of the funding required to return or
replace equipment used to date in Operation Iraqi Freedom,
including equipment in prepositioned stocks, to mission-ready
condition.
(Q) A description of military civil affairs and
reconstruction efforts, including through the Commanders
Emergency Response Program, and an assessment of the
effectiveness of such efforts and programs.
(R) The adequacy of the requirements determination and
acquisition processes, acquisition, and distribution of force
protection equipment, including personal gear, vehicles,
helicopters, and defense devices.
(S) The most critical lessons learned that could lead to
long-term doctrinal, organizational, and technological changes,
and the probable effects that an implementation of those
changes would have on current visions, goals, and plans for
transformation of the Armed Forces or the Department of
Defense.
(T) The planning for and implementation of morale, welfare,
and recreation programs for deployed forces and support to
dependents, including rest and recuperation programs and
personal communication benefits such as telephone, mail, and
email services, including an assessment of the effectiveness of
such programs.
(U) An analysis of force rotation plans, including
individual personnel and unit rotations, differing deployment
lengths, and in-theater equipment repair and leave behinds.
(c) Form of Report.--The report shall be submitted in unclassified
form, but may include a classified annex.
(d) Post-Major Combat Operations Phase of Operation Iraqi Freedom
Defined.--In this section, the term ``post-major combat operations
phase of Operation Iraqi Freedom'' means the period of Operation Iraqi
Freedom beginning on May 2, 2003, and ending on December 31, 2004.
SEC. 1029. COMPTROLLER GENERAL ANALYSIS OF USE OF TRANSITIONAL BENEFIT
CORPORATIONS IN CONNECTION WITH COMPETITIVE SOURCING OF
PERFORMANCE OF DEPARTMENT OF DEFENSE ACTIVITIES AND
FUNCTIONS.
(a) Requirement for Analysis.--Not later than February 1, 2005, the
Comptroller General shall submit to Congress an analysis of the
potential for use of transitional benefit corporations in connection
with competitive sourcing of the performance of activities and
functions of the Department of Defense.
(b) Specific Issues.--The analysis under this section shall--
(1) address the capabilities of transitional benefit
corporations--
(A) to preserve human capital and surge capability;
(B) to promote economic development and job
creation;
(C) to generate cost savings; and
(D) to generate efficiencies that are comparable to
or exceed the efficiencies that result from competitive
sourcing carried out by the Department of Defense under
the procedures applicable to competitive sourcing by
the Department of Defense; and
(2) identify areas within the Department of Defense in
which transitional benefit corporations could be used to add
value, reduce costs, and provide opportunities for beneficial
use of employees and other resources that are displaced by
competitive sourcing of the performance of activities and
functions of the Department of Defense.
(d) Transitional Benefit Corporation Defined.--In this section, the
term ``transitional benefit corporation'' means a corporation that
facilitates the transfer of designated (usually underutilized) real
estate, equipment, intellectual property, or other assets of the United
States to the private sector in a process that enables employees of the
United States in positions associated with the use of such assets to
retain eligibility for Federal employee benefits and to continue to
accrue those benefits.
SEC. 1029A. COMPTROLLER GENERAL STUDY OF PROGRAMS OF TRANSITION
ASSISTANCE FOR PERSONNEL SEPARATING FROM THE ARMED
FORCES.
(a) Requirement for Study.--The Comptroller General shall carry out
a study of the programs of the Department of Defense and other
departments and agencies of the Federal Government under which
transition assistance is provided to personnel who are separating from
active duty service in the Armed Forces.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit a report on
the results of the study to the Committees on Armed Services of the
Senate and the House of Representatives. The report shall include the
following matters:
(1) Regarding the transition assistance programs under
section 1142 and 1144 of title 10, United States Code--
(A) an analysis of the extent to which such
programs are meeting the current needs of members of
the Armed Forces as such personnel are discharged or
released from active duty, including--
(i) a discussion of the original purposes
of the programs;
(ii) a discussion of how the programs are
currently being administered in relationship to
those purposes; and
(iii) an assessment of whether the programs
are adequate to meet the current needs of
members of the reserve components, including
the National Guard; and
(B) any recommendations that the Comptroller
General considers appropriate for improving such
programs, including any recommendation regarding
whether participation by members of the Armed Forces in
such programs should be required.
(2) An analysis of the differences, if any, among the Armed
Forces and among the commands of military installations of the
Armed Forces regarding how transition assistance is being
provided under the transition assistance programs, together
with any recommendations that the Comptroller General considers
appropriate--
(A) to achieve uniformity in the provision of
assistance under such programs; and
(B) to ensure that the transition assistance is
provided under such programs to members of the Armed
Forces who are being separated at medical facilities of
the uniformed services or Department of Veterans
Affairs medical centers and to Armed Forces personnel
on a temporary disability retired list under section
1202 or 1205 of title 10, United States Code.
(3) An analysis of the relationship of Department of
Defense transition assistance programs to the transition
assistance programs of the Department of Veterans Affairs and
the Department of Labor, including the relationship of the
benefits delivery at discharge program carried out jointly by
the Department of Defense and the Department of Veterans
Affairs to the other transition assistance programs.
(4) The rates of participation of Armed Forces personnel in
the transition assistance programs, together with any
recommendations that the Comptroller General considers
appropriate to increase such participation rates, including any
revisions of such programs that could result in increased
participation.
(5) An assessment of whether the transition assistance
information provided to Armed Forces personnel omits transition
information that would be beneficial to such personnel,
including an assessment of the extent to which information is
provided under the transition assistance programs regarding
participation in Federal Government procurement opportunities
available at prime contract and subcontract levels to veterans
with service-connected disabilities and other veterans,
together with any recommendations that the Comptroller General
considers appropriate regarding additional information that
should be provided and any other recommendations that the
Comptroller General considers appropriate for enhancing the
provision of counseling on such procurement opportunities.
(6) An assessment of the extent to which representatives of
military service organizations and veterans' service
organizations are afforded opportunities to participate, and do
participate, in preseparation briefings under transition
assistance programs, together with any recommendations that the
Comptroller General considers appropriate regarding how
representatives of such organizations could better be used to
disseminate transition assistance information and provide
preseparation counseling to Armed Forces personnel, including
personnel of the reserve components who are being released from
active duty for continuation of service in the reserve
components.
(7) An analysis of the use of post-deployment and
predischarge health screenings, together with any
recommendations that the Comptroller General considers
appropriate regarding whether and how to integrate the health
screening process and the transition assistance programs into a
single, coordinated preseparation program for Armed Forces
personnel being discharged or released from active duty.
(8) An analysis of the processes of the Armed Forces for
conducting physical examinations of members of the Armed Forces
in connection with discharge and release from active duty,
including--
(A) how post-deployment questionnaires are used;
(B) the extent to which Armed Forces personnel
waive the physical examinations; and
(C) how, and the extent to which, Armed Forces
personnel are referred for followup health care.
(9) A discussion of the current process by which mental
health screenings are conducted, followup mental health care is
provided for, and services are provided in cases of post-
traumatic stress disorder and related conditions for members of
the Armed Forces in connection with discharge and release from
active duty, together with--
(A) for each of the Armed Forces, the programs that
are in place to identify and treat cases of post-
traumatic stress disorder and related conditions; and
(B) for persons returning from deployments in
connection with Operation Enduring Freedom and
Operation Iraqi Freedom--
(i) the number of persons treated as a
result of such screenings; and
(ii) the types of interventions.
(c) Acquisition of Supporting Information.--In carrying out the
study under this section, the Comptroller General shall seek to obtain
views from the following persons:
(1) The Secretary of Defense and the Secretaries of the
military departments.
(2) The Secretary of Veterans Affairs.
(3) The Secretary of Labor.
(4) Armed Forces personnel who have received transition
assistance under the programs covered by the study and Armed
Forces personnel who have declined to accept transition
assistance offered under such programs.
(5) Representatives of military service organizations and
representatives of veterans' service organizations.
(6) Persons having expertise in health care (including
mental health care) provided under the Defense Health Program,
including Department of Defense personnel, Department of
Veterans Affairs personnel, and persons in the private sector.
SEC. 1029B. STUDY ON COORDINATION OF JOB TRAINING AND CERTIFICATION
STANDARDS.
(a) Requirement for Study.--The Secretary of Defense and the
Secretary of Labor shall jointly carry out a study to determine ways to
coordinate the standards applied by the Armed Forces for the training
and certification of members of the Armed Forces in military
occupational specialties with the standards that are applied to
corresponding civilian occupations by occupational licensing or
certification agencies of governments and occupational certification
agencies in the private sector.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Labor shall submit a joint
report on the results of the study under subsection (a) to Congress.
SEC. 1029C. CONTENT OF PRESEPARATION COUNSELING FOR PERSONNEL
SEPARATING FROM ACTIVE DUTY SERVICE.
Section 1142 of title 10, United States Code, is amended--
(1) by adding at the end of subsection (b) the following
new paragraph:
``(11) Information on participation in Federal Government
procurement opportunities that are available at the prime
contract level and at subcontract levels to veterans with
service-connected disabilities and other veterans.''; and
(2) by adding at the end the following new subsection:
``(d) Requirements Relating to Counseling on Procurement
Opportunities.--(1) For the counseling under subsection (b)(11), the
Secretary concerned may provide for participation of representatives of
the Secretary of Veterans Affairs, representatives of the Administrator
of the Small Business Administration, representatives of other
appropriate executive agencies, and representatives of Veterans'
Business Outreach Centers and Small Business Development Centers.
``(2) The Secretary concerned may provide for the counseling under
paragraph (11) of subsection (b) to be offered at medical centers of
the Department of Veterans Affairs as well as the medical care
facilities of the uniformed services and other facilities at which the
counseling on the other matters required under such subsection is
offered. The access of representatives described in paragraph (1) to a
member of the armed forces to provide such counseling shall be subject
to the consent of that member.''.
SEC. 1029D. PERIODIC DETAILED ACCOUNTING FOR OPERATIONS OF THE GLOBAL
WAR ON TERRORISM.
(a) Quarterly Accounting.--Not later than 45 days after the end of
each quarter of a year, the Secretary of Defense shall submit to the
congressional defense committees, for such quarter for each operation
described in subsection (b), a full accounting of all costs incurred
for such operation during such quarter and all amounts expended during
such quarter for such operation, and the purposes for which such costs
were incurred and such amounts were expended.
(b) Operations Covered.--The operations referred to in subsection
(a) are as follows:
(1) Operation Iraqi Freedom.
(2) Operation Enduring Freedom.
(3) Operation Noble Eagle.
(4) Any other operation that the President designates as
being an operation of the Global War on Terrorism.
(c) Requirement for Comprehensiveness.--For the purpose of
providing a full and complete accounting of the costs and expenditures
under subsection (a) for operations described in subsection (b), the
Secretary shall account in the quarterly submission under subsection
(a) for all costs and expenditures that are reasonably attributable to
such operations, including personnel costs.
SEC. 1029E. REPORT ON THE STABILIZATION OF IRAQ.
Not later than 120 days after the date of the enactment of this
Act, the President shall submit to the congressional defense committees
an unclassified report (with classified annex, if necessary) on the
strategy of the United States and coalition forces for stabilizing
Iraq. The report shall contain a detailed explanation of the strategy,
together with the following information:
(1) A description of the efforts of the President to work
with the United Nations to provide support for, and assistance
to, the transitional government in Iraq, and, in particular,
the efforts of the President to negotiate and secure adoption
by the United Nations Security Council of Resolution 1546.
(2) A description of the efforts of the President to
continue to work with North Atlantic Treaty Organization (NATO)
member states and non-NATO member states to provide support for
and augment coalition forces, including efforts, as determined
by the United States combatant commander, in consultation with
coalition forces, to evaluate the--
(A) the current military forces of the NATO and
non-NATO member countries deployed to Iraq;
(B) the current police forces of NATO and non-NATO
member countries deployed to Iraq; and
(C) the current financial resources of NATO and
non-NATO member countries provided for the
stabilization and reconstruction of Iraq.
(3) As a result of the efforts described in paragraph (2)--
(A) a list of the NATO and non-NATO member
countries that have deployed and will have agreed to
deploy military and police forces; and
(B) with respect to each such country, the schedule
and level of such deployments.
(4) A description of the efforts of the United States and
coalition forces to develop the domestic security forces of
Iraq for the internal security and external defense of Iraq,
including a description of United States plans to recruit,
train, equip, and deploy domestic security forces of Iraq.
(5) As a result of the efforts described in paragraph (4)--
(A) the number of members of the security forces of
Iraq that have been recruited;
(B) the number of members of the security forces of
Iraq that have been trained; and
(C) the number of members of the security forces of
Iraq that have been deployed.
(6) A description of the efforts of the United States and
coalition forces to assist in the reconstruction of essential
infrastructure of Iraq, including the oil industry, electricity
generation, roads, schools, and hospitals.
(7) A description of the efforts of the United States,
coalition partners, and relevant international agencies to
assist in the development of political institutions and prepare
for democratic elections in Iraq.
(8) A description of the obstacles, including financial,
technical, logistic, personnel, political, and other obstacles,
faced by NATO in generating and deploying military forces out
of theater to locations such as Iraq.
SEC. 1029F. REPORTS ON MATTERS RELATING TO DETAINMENT OF PRISONERS BY
THE DEPARTMENT OF DEFENSE.
(a) Reports Required.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of
Defense shall submit to the appropriate committees of Congress a report
on the population of persons held by the Department of Defense for more
than 45 days and on the facilities in which such persons are held.
(b) Report Elements.--Each report under subsection (a) shall
include the following:
(1) General information on the foreign national detainees
in the custody of the Department on the date of such report,
including the following:
(A) The best estimate of the Department of the
number of the total number of detainees in the custody
of the Department as of the date of such report.
(B) The countries in which such detainees were
detained, and the number of detainees detained in each
such country.
(C) The best estimate of the Department of the
total number of detainees released from the custody of
the Department during the one-year period ending on the
date of such report.
(2) For each foreign national detained and
registered with the National Detainee Reporting Center
by the Department on the date of such report the
following:
(A) The Internment Serial Number or other
appropriate identification number.
(B) The nationality, if available.
(C) The place at which taken into custody, if
available.
(D) The circumstances of being taken into custody,
if available.
(E) The place of detention.
(F) The current length of detention.
(G) A categorization as a civilian detainee, enemy
prisoner of war/prisoner of war, or enemy combatant.
(H) Information as to transfer to the jurisdiction
of another country, including the identity of such
country.
(3) Information on the detention facilities and practices
of the Department for the one-year period ending on the date of
such report, including for each facility of the Department at
which detainees were detained by the Department during such
period the following:
(A) The name of such facility.
(B) The location of such facility.
(C) The number of detainees detained at such
facility as of the end of such period.
(D) The capacity of such facility.
(E) The number of military personnel assigned to
such facility as of the end of such period.
(F) The number of other employees of the United
States Government assigned to such facility as of the
end of such period.
(G) The number of contractor personnel assigned to
such facility as of the end of such period.
(c) Form of Report.--Each report under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
Subtitle D--Matters Relating to Space
SEC. 1031. SPACE POSTURE REVIEW.
(a) Requirement for Comprehensive Review.--In order to clarify the
national security space policy and strategy of the United States for
the near term, the Secretary of Defense shall conduct a comprehensive
review of the space posture of the United States over the posture
review period.
(b) Elements of Review.--The review conducted under subsection (a)
shall include, for the posture review period, the following:
(1) The role of space in United States military and
national security strategy, planning, and programming.
(2) The policy, requirements, and objectives for space
situational awareness.
(3) The policy, requirements, and objectives for space
control.
(4) The policy, requirements, and objectives for space
superiority, including defensive and offensive counterspace.
(5) The policy, requirements, and objectives for space
exploitation, including force enhancement and force
application.
(6) The policy, requirements, and objectives for
intelligence surveillance and reconnaissance from space.
(7) Current and planned space programs, including how each
such program will address the policy, requirements, and
objectives described in paragraphs (1) through (6).
(8) The relationship among United States military space
policy and national security space policy, space objectives,
and arms control policy.
(9) The type of systems, including space systems, that are
necessary to implement United States military and national
security space policies.
(10) The effect of United States national security space
policy on weapons proliferation.
(c) Reports.--(1) Not later than March 15, 2005, the Secretary of
Defense shall submit to the congressional defense committees an interim
report on the review conducted under subsection (a).
(2) Not later than December 31, 2005, the Secretary shall submit to
the congressional defense committees a final report on the review.
(3) Each report under this subsection shall be submitted in
unclassified form, but may include a classified annex.
(4) The reports under this subsection shall also be submitted to
the Select Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of Representatives.
(d) Joint Undertaking With the Director of Central Intelligence.--
The Secretary of Defense shall conduct the review under this section,
and submit the reports under subsection (c), jointly with the Director
of Central Intelligence.
(e) Posture Review Period Defined.--In this section, the term
``posture review period'' means the period beginning one year after the
date of the enactment of this Act and ending ten years after that date.
SEC. 1032. PANEL ON THE FUTURE OF MILITARY SPACE LAUNCH.
(a) In General.--(1) The Secretary of Defense shall enter into a
contract with a federally funded research and development center to
establish a panel on the future military space launch requirements of
the United States, including means of meeting such requirements.
(2) The Secretary shall enter into the contract not later than 60
days after the date of the enactment of this Act.
(b) Membership and Administration of Panel.--(1) The panel shall
consist of individuals selected by the federally funded research and
development center from among private citizens of the United States
with knowledge and expertise in one or more of the following areas:
(A) Space launch operations.
(B) Space launch technologies.
(C) Satellite and satellite payloads.
(D) State and national launch complexes.
(E) Space launch economics.
(2) The federally funded research and development center shall
establish appropriate procedures for the administration of the panel,
including designation of the chairman of the panel from among its
members.
(3) All panel members shall hold security clearances appropriate
for the work of the panel.
(4) The panel shall convene its first meeting not later than 30
days after the date on which all members of the panel have been
selected.
(c) Duties.--(1) The panel shall conduct a review and assessment of
the future military space launch requirements of the United States,
including the means of meeting such requirements.
(2) The review and assessment shall take into account matters as
follows:
(A) Launch economics.
(B) Operational concepts and architectures.
(C) Launch technologies, including--
(i) reusable launch vehicles;
(ii) expendable launch vehicles;
(iii) low cost options; and
(iv) revolutionary approaches.
(D) Payloads, including their implications for launch
requirements.
(E) Launch infrastructure.
(F) Launch industrial base.
(G) Relationships among military, civilian, and commercial
launch requirements.
(3) The review and assessment shall address military space launch
requirements over each of the 5-year, 10-year, and 15-year periods
beginning with 2005.
(d) Cooperation of Federal Agencies.--(1) The panel may secure
directly from the Department of Defense or any other department or
agency of the Federal Government any information that the panel
considers necessary to carry out its duties.
(2) The Secretary of Defense shall designate at least one senior
civilian employee of the Department of Defense and at least one general
or flag officer of an Armed Force to serve as liaison between the
Department, the Armed Forces, and the panel.
(e) Report.--Not later than one year after the date of the first
meeting of the panel under subsection (b)(4), the panel shall submit to
the Secretary of Defense, the congressional defense committees, the
Select Committee on Intelligence of the Senate, and the Permanent
Select Committee on Intelligence of the House of Representatives a
report on the results of the review and assessment under subsection
(c). The report shall include--
(1) the findings and conclusions of the panel on the future
military space launch requirements of the United States,
including means of meeting such requirements;
(2) the assessment of panel, and any recommendations of the
panel, on--
(A) launch operational concepts and architectures;
(B) launch technologies;
(C) launch enabling technologies; and
(D) priorities for funding; and
(3) the assessment of the panel as to the best means of
meeting the future military space launch requirements of the
United States.
(f) Termination.--The panel shall terminate 16 months after the
date on which the chairman of the panel is designated pursuant to
subsection (b)(2).
(g) Funding.--Amounts authorized to be appropriated to the
Department of Defense shall be available to the Secretary of Defense
for purposes of the contract required by subsection (a).
SEC. 1033. OPERATIONALLY RESPONSIVE NATIONAL SECURITY PAYLOADS FOR
SPACE SATELLITES.
(a) Planning, Programming, and Management.--(1) Chapter 135 of
title 10, United States Code, is amended by inserting after section
2273 the following new section:
``Sec. 2273a. Operationally responsive national security payloads
``(a) Requirement for Program Element.--The Secretary of Defense
shall ensure that operationally responsive national security payloads
of the Department of Defense for space satellites are planned,
programmed, and budgeted for as a separate, dedicated program element.
``(b) Management Authority.--The Secretary of Defense shall assign
management authority for the program element required under subsection
(a) to the Director of the Office of Force Transformation.
``(c) Definition of Operationally Responsive.--In this section, the
term `operationally responsive', with respect to a national security
payload for a space satellite, means an experimental or operational
payload not in excess of 5,000 pounds that--
``(1) can be developed and acquired within 18 months after
authority to proceed with development is granted; and
``(2) is responsive to requirements for capabilities at the
operational and tactical levels of warfare.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2273 the
following new item:
``2273a. Operationally responsive national security payloads.''.
(b) Time for Implementation.--Section 2273a(a) of title 10, United
States Code, shall apply with respect to fiscal years beginning after
September 30, 2005.
(c) Funding.--Of the amount authorized to be appropriated under
section 201(4), $25,000,000 shall be available for research,
development, test, and evaluation of operationally responsive national
security payloads for space satellites.
SEC. 1034. NONDISCLOSURE OF CERTAIN PRODUCTS OF COMMERCIAL SATELLITE
OPERATIONS.
(a) Disclosure Prohibited.--Land remote sensing information may not
be disclosed under section 552 of title 5, United States Code.
(b) Land Remote Sensing Information Defined.--In this section, the
term ``land remote sensing information''--
(1) means any data that--
(A) are collected by land remote sensing; and
(B) are prohibited from sale to customers other
than the United States Government and its affiliated
users under the Land Remote Sensing Policy Act of 1992
(15 U.S.C. 5601 et seq.); and
(2) includes any imagery and other product that is derived
from such data.
(c) State or Local Government Disclosures.--Land remote sensing
information provided by the head of a department or agency of the
United States to a State or local government may not be made available
to the general public under any State or local law relating to the
disclosure of information or records.
(d) Safeguarding Information.--The head of each department or
agency of the United States having land remote sensing information
within that department or agency or providing such information to a
State or local government shall take such actions, commensurate with
the sensitivity of that information, as are necessary to protect that
information from disclosure prohibited under this section.
(e) Other Definitions.--In this section, the terms ``land remote
sensing'' and ``United States Government and its affiliated users''
have the meanings given such terms in section 3 of such Act (15 U.S.C.
5602).
SEC. 1035. SENSE OF CONGRESS ON SPACE LAUNCH RANGES.
It is the sense of Congress that the Secretary of Defense should
provide support for, and continue the development, certification, and
deployment of range safety systems that are capable of--
(1) reducing costs related to national security space
launches and launch infrastructure; and
(2) enhancing technical capabilities and operational safety
at the Eastern, Western, and other United States space launch
ranges.
Subtitle E--Defense Against Terrorism
SEC. 1041. TEMPORARY ACCEPTANCE OF COMMUNICATIONS EQUIPMENT PROVIDED BY
LOCAL PUBLIC SAFETY AGENCIES.
(a) Authority.--Chapter 155 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2613. Emergency communications equipment: temporary acceptance
from local public safety agencies
``(a) Authority for Temporary Acceptance of Equipment.--(1) Under
regulations prescribed by the Secretary concerned, the commander of a
military installation may include in a disaster response agreement with
a local public safety agency a clause that provides for the commander
to accept from the public safety agency for use during a natural or
man-made disaster any communications equipment that is useful for
communicating with such agency during a joint response by the commander
and such agency to such disaster.
``(2) The authority under paragraph (1) includes authority to
accept services related to the operation and maintenance of
communications equipment accepted under that paragraph.
``(3) In the case of a military installation administered by an
officer or employee of the United States, such officer or employee may
exercise the authority of a commander under this section.
``(b) Conditions.--Acceptance of communications equipment and
services by a commander from a public safety agency under subsection
(a) is subject to the following conditions:
``(1) Acceptance of equipment is authorized only to the
extent that communications equipment under the control of the
commander is inadequate to meet requirements for communicating
with that public safety agency during a joint response to a
disaster.
``(2) Acceptance of services for the operation or
maintenance of communications equipment is authorized only to
the extent that capabilities under the control of the commander
are inadequate to operate or maintain such equipment.
``(c) Liability.--(1) An emergency response agreement under this
section shall include a clause that--
``(A) specifies the means for the commander to pay for use,
loss, or damage of equipment, and for services, accepted under
the agreement; or
``(B) ensures that the United States is not liable for
costs incurred for the acceptance and use of the equipment or
services nor for any loss or damage of such equipment.
``(2) No person providing services accepted under an emergency
response agreement may be considered to be an officer, employee, or
agent of the United States for any purpose.
``(d) Guidance.--The Secretary of Defense shall prescribe guidance
for the administration of the requirements and authority under this
section.
``(e) Definitions.--In this section:
``(1) The term `emergency response agreement' means a
memorandum of agreement or memorandum of understanding that
provides for mutual support by Department of Defense personnel
and local public safety agency personnel in response to a
natural or man-made disaster.
``(2) The term `military installation' has the meaning
given such term in section 2801(c) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2613. Emergency communications equipment: temporary acceptance from
local public safety agencies.''.
SEC. 1042. FULL-TIME DEDICATION OF AIRLIFT SUPPORT FOR HOMELAND DEFENSE
OPERATIONS.
(a) Determination Required.--(1) The Secretary of Defense shall
determine the feasibility and advisability of dedicating an airlift
capability of the Armed Forces on a full-time basis to the support of
homeland defense operations, including operations in support of
contingent requirements for transporting Weapons of Mass Destruction
Civil Support Teams, Air Force expeditionary medical teams, and
Department of Energy emergency response teams in response to natural
disasters and man-made disasters.
(2) In making the determination under paragraph (1), the Secretary
shall take into consideration the results of the study required under
subsection (b).
(b) Requirement for Study and Plan.--(1) The Secretary of Defense
shall conduct a study of the existing plans and capabilities of the
Department of Defense for meeting contingent requirements for
transporting teams described in subsection (a)(1) in response to
natural disasters and man-made disasters.
(2) The Secretary shall prepare a plan for resolving any
deficiencies in the existing plans and capabilities for meeting the
transportation requirements described in paragraph (1).
(3) The Secretary of Defense shall require the commander of the
United States Northern Command and the commander of the United States
Transportation Command to carry out jointly the study required under
paragraph (1) and to prepare jointly the plan required under paragraph
(2).
(c) Report.--Not later than April 1, 2005, the Secretary shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the results of the study under
subsection (b). The report shall include the following matters:
(1) The Secretary's determination under subsection (a).
(2) An assessment and discussion of the adequacy of
existing plans and capabilities of the Department of Defense
for meeting the transportation requirements described in
subsection (b)(1).
(3) The plan required under subsection (b)(2).
(d) Definition.--In this section, the term ``Weapons of Mass
Destruction Civil Support Team'' has the meaning given such term in
section 305b(e) of title 37, United States Code.
SEC. 1043. SURVIVABILITY OF CRITICAL SYSTEMS EXPOSED TO CHEMICAL OR
BIOLOGICAL CONTAMINATION.
(a) Requirement for Implementation Plan.--Not later than 120 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a plan, for
implementation by the Department of Defense, that sets forth a
systematic approach for ensuring the survivability of defense critical
systems upon contamination of such systems by chemical or biological
agents.
(b) Content.--At a minimum, the plan under subsection (a) shall
include--
(1) policies for ensuring that the survivability of defense
critical systems in the event of contamination by chemical or
biological agents is adequately addressed throughout the
Department of Defense;
(2) a systematic process for identifying which systems are
defense critical systems;
(3) specific testing procedures to be used during the
design and development of new defense critical systems; and
(4) a centralized database that--
(A) contains comprehensive information on the
effects of chemical and biological agents and
decontaminants on materials used in defense critical
systems; and
(B) is easily accessible to personnel who have
duties to ensure the survivability of defense critical
systems upon contamination of such systems by chemical
and biological agents.
(c) Defense Critical Systems Defined.--In this section, the term
``defense critical system'' means a Department of Defense system that
is critical to the national security of the United States.
Subtitle F--Matters Relating to Other Nations
SEC. 1051. HUMANITARIAN ASSISTANCE FOR THE DETECTION AND CLEARANCE OF
LANDMINES AND EXPLOSIVE REMNANTS OF WAR.
(a) Restatement and Expansion of Authority.--(1) Chapter 20 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 406. Humanitarian assistance for the detection and clearance of
landmines and explosive remnants of war
``(a) In General.--Under regulations prescribed by the Secretary of
Defense, members of the armed forces may provide humanitarian
assistance for the detection and clearance of landmines or explosive
remnants of war in a foreign country, including activities relating to
the furnishing of education, training, and technical assistance, if the
Secretary determines that the provision of such assistance will
promote--
``(1) the security interests of both the United States and
the country in which such assistance is to be provided; and
``(2) the specific operational readiness skills of the
members of the armed forces who provide such assistance.
``(b) Limitations on Activities of Members of the Armed Forces.--
The Secretary shall ensure that no member of the armed forces, while
providing assistance under this section--
``(1) engages in the physical detection, lifting or
destroying of landmines or explosive remnants of war (unless
the member does so for the concurrent purpose of supporting a
United States military operation); or
``(2) provides such assistance as part of a military
operation that does not involve the armed forces.
``(c) Requirement for Approval of Secretary of State.--Humanitarian
assistance for the detection and clearance of landmines and remnants of
war may not be provided under this section to any foreign country
unless the Secretary of State specifically approves the provision of
such assistance to such foreign country.
``(d) Availability of Funds for Certain Expenses.--(1) To the
extent provided in Acts authorizing appropriations for military
activities of the Department of Defense, funds authorized to be
appropriated to the Department for a fiscal year for humanitarian
assistance shall be available for the purpose of providing assistance
under this section.
``(2) Expenses incurred as a direct result of providing
humanitarian assistance under this section to a foreign country shall
be paid out of funds specifically appropriated for such purpose.
``(3) Expenses covered by paragraph (2) include the following:
``(A) Travel, transportation, and subsistence expenses of
Department of Defense personnel providing humanitarian
assistance under this section.
``(B) The cost of any equipment, services, or supplies
acquired for the purpose of carrying out or supporting the
provision of such assistance, including any nonlethal,
individual, or small-team landmine or explosive remnant of war
clearing equipment or supplies that are to be transferred or
otherwise furnished to a foreign country in furtherance of the
provision of assistance under this section.
``(4) The cost of equipment, services and supplies provided in any
fiscal year to a foreign country under paragraph (3)(B) may not exceed
$5,000,000.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``406. Humanitarian assistance for the detection and clearance of
landmines and explosive remnants of war.''.
(b) Repeal of Superseded Authority.--Section 401 of such title is
amended--
(1) in subsection (a), by striking paragraph (4);
(2) in subsection (b)--
(A) in paragraph (1), by striking ``(1)''; and
(B) by striking paragraph (2);
(3) in subsection (c)--
(A) by striking paragraphs (2) and (3); and
(B) by redesignating paragraph (4) as paragraph
(2); and
(4) in subsection (e), by striking paragraph (5).
SEC. 1052. USE OF FUNDS FOR UNIFIED COUNTERDRUG AND COUNTERTERRORISM
CAMPAIGN IN COLOMBIA.
(a) Authority.--(1) In fiscal years 2005 and 2006, funds available
to the Department of Defense to provide assistance to the Government of
Colombia may be used by the Secretary of Defense to support a unified
campaign by the Government of Colombia against narcotics trafficking
and against activities by organizations designated as terrorist
organizations, such as the Revolutionary Armed Forces of Colombia
(FARC), the National Liberation Army (ELN), and the United Self-Defense
Forces of Colombia (AUC).
(2) The authority to provide assistance for a campaign under this
subsection includes authority to take actions to protect human health
and welfare in emergency circumstances, including the undertaking of
rescue operations.
(b) Applicability of Certain Laws and Limitations.--The use of
funds pursuant to the authority in subsection (a) shall be subject to
the following:
(1) Sections 556, 567, and 568 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2002
(Public Law 107-115; 115 Stat. 2160, 2165, and 2166).
(2) Section 8077 of the Department of Defense
Appropriations Act, 2004 (Public Law 108-87; 117 Stat. 1090).
(c) Numerical Limitation on Assignment of United States
Personnel.--Notwithstanding section 3204(b) of the Emergency
Supplemental Act, 2000 (Division B of Public Law 106-246; 114 Stat.
575), as amended by the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2002 (Public Law 107-115; 115
Stat. 2131), the number of United States personnel assigned to conduct
activities in Colombia in connection with support of Plan Colombia
under subsection (a) in fiscal years 2005 and 2006 shall be subject to
the following limitations:
(1) The number of United States military personnel assigned
for temporary or permanent duty in Colombia in connection with
support of Plan Colombia may not exceed 800.
(2) The number of United States individual citizens
retained as contractors in Colombia in connection with support
of Plan Colombia who are funded by Federal funds may not exceed
600.
(d) Limitation on Participation of United States Personnel.--No
United States Armed Forces personnel, United States civilian employees,
or United States civilian contractor personnel employed by the United
States may participate in any combat operation in connection with
assistance using funds pursuant to the authority in subsection (a),
except for the purpose of acting in self defense or of rescuing any
United States citizen, including any United States Armed Forces
personnel, United States civilian employee, or civilian contractor
employed by the United States.
(e) Relation to Other Authority.--The authority provided by
subsection (a) is in addition to any other authority in law to provide
assistance to the Government of Colombia.
(f) Report on Relationships Between Terrorist Organizations in
Colombia and Foreign Governments and Organizations.--(1) Not later than
60 days after the date of the enactment of this Act, the Secretary of
State shall, in consultation with the Secretary of Defense and the
Director of Central Intelligence, submit to the congressional defense
committees and the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of Representatives a
report that describes--
(A) any relationships between foreign governments or
organizations and organizations based in Colombia that have
been designated as foreign terrorist organizations under United
States law, including the provision of any direct or indirect
assistance to such organizations; and
(B) United States policies that are designed to address
such relationships.
(2) The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 1053. ASSISTANCE TO IRAQ AND AFGHANISTAN MILITARY AND SECURITY
FORCES.
(a) Authority.--Subject to the limitations in subsection (c), the
Secretary of Defense may provide assistance in fiscal year 2005 to Iraq
and Afghanistan military or security forces solely to enhance their
ability to combat terrorism and support United States or coalition
military operations in Iraq and Afghanistan, respectively.
(b) Type of Assistance.--Assistance provided under subsection (a)
may include equipment, supplies, services, and training.
(c) Limitations.--(1) The Secretary of Defense may provide
assistance under this section only with the concurrence of the
Secretary of State and, in any case in which section 104(e) of the
National Security Act of 1947 (50 U.S.C. 403-4(e)) applies, the
Director of Central Intelligence.
(2) The cost of assistance provided under this section may be paid
only out of funds available to the Department of Defense for fiscal
year 2005 for operation and maintenance and may not exceed
$250,000,000.
(d) Relationship to Other Authority.--The authority to provide
assistance under this section is in addition to any other authority to
provide assistance to Iraq and Afghanistan.
(e) Congressional Notification.--Not later than 15 days before
providing assistance to a recipient under this section, the Secretary
of Defense shall submit to the congressional defense committees a
notification of the assistance proposed to be provided.
SEC. 1054. ASSIGNMENT OF NATO NAVAL PERSONNEL TO SUBMARINE SAFETY
RESEARCH AND DEVELOPMENT PROGRAMS.
(a) Authority.--Chapter 631 of title 10, United States Code, is
amended by inserting after the item relating to section 7205 the
following new section:
``Sec. 7206. Submarine safety research and development: acceptance of
services of NATO naval personnel
``(a) Authority.--The Secretary of the Navy may, subject to
subsection (e), accept the assignment of one or more members of the
navy of another member country of the North Atlantic Treaty
Organization to a command of the Navy for work on the development,
standardization, or interoperability of submarine vessel safety and
rescue systems and procedures if the Secretary determines that doing so
would facilitate the development, standardization, and interoperability
of submarine vessel safety and rescue systems and procedures for the
Navy, the navy of that foreign country, and any other navy involved in
that work.
``(b) Reciprocity Not Required.--The authority under subsection (a)
is not an exchange program. Reciprocal assignments of members of the
Navy to a navy of a foreign country is not a condition for the exercise
of such authority.
``(c) Payment of Personnel Costs.--(1) The acceptance of a member
of a navy of a foreign country under this section is subject to the
condition that the government of that country pay the salary, per diem
allowance, subsistence costs, travel costs, cost of language or other
training, and other costs for that member in accordance with the laws
and regulations of such country.
``(2) Paragraph (1) does not apply to the following costs:
``(A) The cost of temporary duty directed by the Secretary
of the Navy or an officer of the Navy authorized to do so.
``(B) The cost of a training program conducted to
familiarize, orient, or certify foreign naval personnel
regarding unique aspects of their assignments.
``(C) Any cost incident to the use of the facilities of the
Navy in the performance of assigned duties.
``(d) Relationship to Other Authority.--The provisions of this
section shall apply to any other authority that the Secretary of the
Navy may exercise, subject to the concurrence of the Secretary of
State, to enter into an agreement with the government of a foreign
country to provide for the assignment of members of the navy of that
foreign country to a Navy submarine safety program. The Secretary of
the Navy may prescribe regulations for the application of this section
in the exercise of such authority.
``(e) Termination of Authority.--The Secretary of the Navy may not
accept the assignment of a member of the navy of a foreign country
under this section after September 30, 2008.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7205 the following new item:
``7206. Submarine safety research and development: acceptance of
services of NATO naval personnel.''.
SEC. 1055. COMPENSATION FOR FORMER PRISONERS OF WAR.
Any plan of the Secretary of Defense to provide compensation to an
individual who was injured in a military prison under the control of
the United States in Iraq shall include a provision to address the
injuries suffered by the 17 citizens of the United States who were held
as prisoners of war by the regime of Saddam Hussein during the First
Gulf War.
SEC. 1056. DRUG ERADICATION EFFORTS IN AFGHANISTAN.
(a) Findings.--Congress makes the following findings:
(1) The United States engaged in military action against
the Taliban-controlled Government of Afghanistan in 2001 in
direct response to the Taliban's support and aid to Al Qaeda.
(2) The military action against the Taliban in Afghanistan
was designed, in part, to disrupt the activities of, and
financial support for, terrorists.
(3) A greater percentage of the world's opium supply is now
produced in Afghanistan than before the Taliban banned the
cultivation or trade of opium.
(4) In 2004, more than two years after the Taliban was
forcefully removed from power, Afghanistan is supplying
approximately 75 percent of the world's heroin.
(5) The estimated value of the opium harvested in
Afghanistan in 2003 was $2,300,000,000.
(6) Some of the profits associated with opium harvested in
Afghanistan continue to fund terrorists and terrorist
organizations, including Al Qaeda, that seek to attack the
United States and United States interests.
(7) The global war on terror is and should remain our
Nation's highest national security priority.
(8) United States and Coalition counterdrug efforts in
Afghanistan have not yet produced significant results.
(9) There are indications of strong, direct connections
between terrorism and drug trafficking.
(10) The elimination of this funding source is critical to
making significant progress in the global war on terror.
(11) The President of Afghanistan, Hamid Karzai, has stated
that opium production poses a significant threat to the future
of Afghanistan, and has established a plan of action to deal
with this threat.
(12) The United Nations Office on Drugs and Crime has
reported that Afghanistan is at risk of again becoming a failed
state if strong actions are not taken against narcotics.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President should make the substantial reduction of
drug trafficking in Afghanistan a priority in the war on
terror;
(2) the Secretary of Defense should, in coordination with
the Secretary of State, work to a greater extent in cooperation
with the Government of Afghanistan and international
organizations involved in counterdrug activities to assist in
providing a secure environment for counterdrug personnel in
Afghanistan; and
(3) because the trafficking of narcotics is known to
support terrorist activities and contributes to the instability
of the Government of Afghanistan, additional efforts should be
made by the Armed Forces of the United States, in conjunction
with and in support of coalition forces, to significantly
reduce narcotics trafficking in Afghanistan and neighboring
countries, with particular focus on those trafficking
organizations with the closest links to known terrorist
organizations.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report that describes--
(1) progress made towards substantially reducing the poppy
cultivation and heroin production capabilities in Afghanistan;
and
(2) the extent to which profits from illegal drug activity
in Afghanistan fund terrorist organizations and support groups
that seek to undermine the Government of Afghanistan.
SEC. 1057. HUMANE TREATMENT OF DETAINEES.
(a) Findings.--Congress makes the following findings:
(1) After World War II, the United States and its allies
created a new international legal order based on respect for
human rights. One of its fundamental tenets was a universal
prohibition on torture and ill treatment.
(2) On June 26, 2003, the International Day in Support of
Victims of Torture, President George W. Bush stated, ``The
United States is committed to the world-wide elimination of
torture and we are leading this fight by example. I call on all
governments to join with the United States and the community of
law-abiding nations in prohibiting, investigating, and
prosecuting all acts of torture and in undertaking to prevent
other cruel and unusual punishment.''.
(3) The United States is a party to the Geneva Conventions,
which prohibit torture, cruel treatment, or outrages upon
personal dignity, in particular, humiliating and degrading
treatment, during armed conflict.
(4) The United States is a party to 2 treaties that
prohibit torture and cruel, inhuman, or degrading treatment or
punishment, as follows:
(A) The International Covenant on Civil and
Political Rights, done at New York December 16, 1966.
(B) The Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, done at
New York December 10, 1984.
(5) The United States filed reservations to the treaties
described in subparagraphs (A) and (B) of paragraph (4) stating
that the United States considers itself bound to prevent
``cruel, inhuman or degrading treatment or punishment'' to the
extent that phrase means the cruel, unusual, and inhumane
treatment or punishment prohibited by the 5th amendment, 8th
amendment, or 14th amendment to the Constitution.
(6) Army Regulation 190-8 entitled ``Enemy Prisoners of
War, Retained Personnel, Civilian Internees and Other
Detainees'' provides that ``Inhumane treatment is a serious and
punishable violation under international law and the Uniform
Code of Military Justice (UCMJ).... All prisoners will receive
humane treatment without regard to race, nationality, religion,
political opinion, sex, or other criteria. The following acts
are prohibited: murder, torture, corporal punishment,
mutilation, the taking of hostages, sensory deprivation,
collective punishments, execution without trial by proper
authority, and all cruel and degrading treatment.... All
persons will be respected as human beings. They will be
protected against all acts of violence to include rape, forced
prostitution, assault and theft, insults, public curiosity,
bodily injury, and reprisals of any kind.... This list is not
exclusive.''.
(7) The Field Manual on Intelligence Interrogation of the
Department of the Army states that ``acts of violence or
intimidation, including physical or mental torture, threats,
insults, or exposure to inhumane treatment as a means of or an
aid to interrogation'' are ``illegal''. Such Manual defines
``infliction of pain through... bondage (other than legitimate
use of restraints to prevent escape)'', ``forcing an individual
to stand, sit, or kneel in abnormal positions for prolonged
periods of time'', ``food deprivation'', and ``any form of
beating'' as ``physical torture'', defines ``abnormal sleep
deprivation'' as ``mental torture'', and prohibits the use of
such tactics under any circumstances.
(8) The Field Manual on Intelligence Interrogation of the
Department of the Army states that ``Use of torture and other
illegal methods is a poor technique that yields unreliable
results, may damage subsequent collection efforts, and can
induce the source to say what he thinks the interrogator wants
to hear. Revelation of use of torture by U.S. personnel will
bring discredit upon the U.S. and its armed forces while
undermining domestic and international support for the war
effort. It may also place U.S. and allied personnel in enemy
hands at a greater risk of abuse by their captors.''.
(b) Prohibition on Torture or Cruel, Inhuman, or Degrading
Treatment or Punishment.--(1) No person in the custody or under the
physical control of the United States shall be subject to torture or
cruel, inhuman, or degrading treatment or punishment that is prohibited
by the Constitution, laws, or treaties of the United States.
(2) Nothing in this section shall affect the status of any person
under the Geneva Conventions or whether any person is entitled to the
protections of the Geneva Conventions.
(c) Rules, Regulations, and Guidelines.--(1) Not later than 180
days after the date of enactment of this Act, the Secretary shall
prescribe the rules, regulations, or guidelines necessary to ensure
compliance with the prohibition in subsection (b)(1) by the members of
the United States Armed Forces and by any person providing services to
the Department of Defense on a contract basis.
(2) The Secretary shall submit to the congressional defense
committees the rules, regulations, or guidelines prescribed under
paragraph (1), and any modifications to such rules, regulations, or
guidelines--
(A) not later than 30 days after the effective date of such
rules, regulations, guidelines, or modifications; and
(B) in a manner and form that will protect the national
security interests of the United States.
(d) Report to Congress.--(1) The Secretary shall submit, on a
timely basis and not less than twice each year, a report to Congress on
the circumstances surrounding any investigation of a possible violation
of the prohibition in subsection (b)(1) by a member of the Armed Forces
or by a person providing services to the Department of Defense on a
contract basis.
(2) A report required under paragraph (1) shall be submitted in a
manner and form that--
(A) will protect the national security interests of the
United States; and
(B) will not prejudice any prosecution of an individual
involved in, or responsible for, a violation of the prohibition
in subsection (b)(1).
(e) Definitions.--In this section:
(1) The term ``cruel, inhuman, or degrading treatment or
punishment'' means the cruel, unusual, and inhumane treatment
or punishment prohibited by the 5th amendment, 8th amendment,
or 14th amendment to the Constitution.
(2) The term ``Geneva Conventions'' means--
(A) the Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in
the Field, done at Geneva August 12, 1949 (6 UST 3114);
(B) the Convention for the Amelioration of the
Condition of the Wounded, Sick, and Shipwrecked Members
of Armed Forces at Sea, done at Geneva August 12, 1949
(6 UST 3217);
(C) the Convention Relative to the Treatment of
Prisoners of War, done at Geneva August 12, 1949 (6 UST
3316); and
(D) the Convention Relative to the Protection of
Civilian Persons in Time of War, done at Geneva August
12, 1949 (6 UST 3516).
(3) The term ``Secretary'' means the Secretary of Defense.
(4) The term ``torture'' has the meaning given that term in
section 2340 of title 18, United States Code.
SEC. 1058. UNITED NATIONS OIL-FOR-FOOD PROGRAM.
(a) Responsibility of Inspector General of the Department of
Defense for Security of Documents.--(1) The Inspector General of the
Department of Defense, in cooperation with the Director of the Defense
Contract Audit Agency and the Director of the Defense Contract
Management Agency, shall ensure, not later than June 30, 2004, the
security of all documents relevant to the United Nations Oil-for-Food
Program that are in the possession or control of the Coalition
Provisional Authority.
(2) The Inspector General shall--
(A) maintain copies of all such documents in the United
States at the Department of Defense; and
(B) not later than August 31, 2004, deliver a complete set
of all such documents to the Comptroller General of the United
States.
(b) Cooperation in Investigations.--Each head of an Executive
agency, including the Department of State, the Department of Defense,
the Department of the Treasury, and the Central Intelligence Agency,
and the Administrator of the Coalition Provisional Authority shall,
upon a request in connection with an investigation of the United
Nations Oil-for-Food Program made by the chairman of the Committee on
Foreign Relations, the Committee on Armed Services, the Committee on
the Judiciary, the Committee on Governmental Affairs, the Select
Committee on Intelligence, the Permanent Subcommittee on
Investigations, or other committee of the Senate with relevant
jurisdiction, promptly provide to such chairman--
(1) access to any information and documents described in
subsections (a) or (c) that are under the control of such
agency and responsive to the request; and
(2) assistance relating to access to and utilization of
such information and documents.
(c) Information from the United Nations.--(1) The Secretary of
State shall use the voice and vote of the United States in the United
Nations to urge the Secretary-General of the United Nations to provide
the United States copies of all audits and core documents related to
the United Nations Oil-for-Food Program.
(2) It is the sense of Congress that, pursuant to section 941(b)(6)
of the United Nations Reform Act of 1999 (title IX of division A of
H.R. 3427 of the 106th Congress, as enacted into law by section
1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-480), the Comptroller
General of the United States should have full and complete access to
financial data relating to the United Nations, including information
related to the financial transactions, organization, and activities of
the United Nations Oil-for-Food Program.
(3) The Secretary of State shall facilitate the providing of access
to the Comptroller General to the financial data described in paragraph
(2).
(d) Review of Oil-for-Food Program by Comptroller General.--(1) The
Comptroller General of the United States shall conduct a review of
United States oversight of the United Nations Oil-for-Food Program. The
review--
(A) in accordance with Generally Accepted Government
Auditing Standards, should not interfere with any ongoing
criminal investigations or inquiries related to the Oil-for-
Food program; and
(B) may take into account the results of any investigations
or inquiries related to the Oil-for-Food program.
(2) The head of each Executive agency shall fully cooperate with
the review under this subsection.
(e) Executive Agency Defined.--In this section, the term
``Executive agency'' has the meaning given that term in section 105 of
title 5, United States Code.
SEC. 1059. SENSE OF CONGRESS ON THE GLOBAL PARTNERSHIP AGAINST THE
SPREAD OF WEAPONS OF MASS DESTRUCTION.
It is the sense of Congress that the President should be commended
for the steps taken at the G-8 summit at Sea Island, Georgia, on June
8-10, 2004, to demonstrate continued support for the Global Partnership
against the Spread of Nuclear Weapons and Materials of Mass Destruction
and to expand the Partnership by welcoming new members and using the
Partnership to coordinate nonproliferation projects in Libya, Iraq, and
other countries; and that the President should--
(1) expand the membership of donor nations to the
Partnership;
(2) insure that Russia remains the primary partner of the
Partnership while also seeking to fund through the Partnership
efforts in other countries with potentially vulnerable weapons
or materials;
(3) develop for the Partnership clear program goals;
(4) develop for the Partnership transparent project
prioritization and planning;
(5) develop for the Partnership project implementation
milestones under periodic review;
(6) develop under the Partnership agreements between
partners for project implementation; and
(7) give high priority and senior-level attention to
resolving disagreements on site access and worker liability
under the Partnership.
SEC. 1059A. EXCEPTION TO BILATERAL AGREEMENT REQUIREMENTS FOR TRANSFERS
OF DEFENSE ITEMS.
(a) Findings.--Congress makes the following findings:
(1) Close defense cooperation between the United States and
each of the United Kingdom and Australia requires
interoperability among the armed forces of those countries.
(2) The need for interoperability must be balanced with the
need for appropriate and effective regulation of trade in
defense items.
(3) The Arms Export Control Act (22 U.S.C. 2751 et seq.)
authorizes the executive branch to administer arms export
policies enacted by Congress in the exercise of its
constitutional power to regulate commerce with foreign nations.
(4) The executive branch has exercised its authority under
the Arms Export Control Act, in part, through the International
Traffic in Arms Regulations.
(5) Agreements to gain exemption from the International
Traffic in Arms Regulations must be submitted to Congress for
review.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate; and
(B) the Committee on International Relations and
the Committee on Armed Services of the House of
Representatives.
(2) Defense items.--The term ``defense items'' has the
meaning given the term in section 38 of the Arms Export Control
Act (22 U.S.C. 2778).
(3) International traffic in arms regulations.--The term
``International Traffic in Arms Regulations'' means the
regulations maintained under parts 120 through 130 of title 22,
Code of Federal Regulations, and any successor regulations.
(c) Exceptions From Bilateral Agreement Requirements.--
(1) In general.--Subsection (j) of section 38 of the Arms
Export Control Act (22 U.S.C. 2778) is amended--
(A) by redesignating paragraph (4) as paragraph
(5); and
(B) by inserting after paragraph (3) the following
new paragraph (4):
``(4) Exceptions from bilateral agreement requirements.--
``(A) Australia.--Subject to section 1055 of the
National Defense Authorization Act for Fiscal Year
2005, the requirements for a bilateral agreement
described in paragraph (2)(A) shall not apply to a
bilateral agreement between the United States
Government and the Government of Australia with respect
to transfers or changes in end use of defense items
within Australia that will remain subject to the
licensing requirements of this Act after such agreement
enters into force.
``(B) United kingdom.--Subject to section 1055 of
the National Defense Authorization Act for Fiscal Year
2005, the requirements for a bilateral agreement
described in paragraphs (1)(A)(ii), (2)(A)(i), and
(2)(A)(ii) shall not apply to a bilateral agreement
between the United States Government and the Government
of the United Kingdom for an exemption from the
licensing requirements of this Act.''.
(2) Conforming amendment.--Paragraph (2) of such subsection
is amended in the matter preceding subparagraph (A) by striking
``A bilateral agreement'' and inserting ``Except as provided in
paragraph (4), a bilateral agreement''.
(d) Certifications.--Not later than 30 days before authorizing an
exemption from the licensing requirements of the International Traffic
in Arms Regulations in accordance with any bilateral agreement entered
into with the United Kingdom or Australia under section 38(j) of the
Arms Export Control Act (22 U.S.C. 2778(j)), as amended by subsection
(c), the President shall certify to the appropriate congressional
committees that such agreement--
(1) is in the national interest of the United States and
will not in any way affect the goals and policy of the United
States under section 1 of the Arms Export Control Act (22
U.S.C. 2751);
(2) does not adversely affect the efficacy of the
International Traffic in Arms Regulations to provide consistent
and adequate controls for licensed exports of United States
defense items; and
(3) will not adversely affect the duties or requirements of
the Secretary of State under the Arms Export Control Act.
(e) Notification of Bilateral Licensing Exemptions.--Not later than
30 days before authorizing an exemption from the licensing requirements
of the International Traffic in Arms Regulations in accordance with any
bilateral agreement entered into with the United Kingdom or Australia
under section 38(j) of the Arms Export Control Act (22 U.S.C. 2778(j)),
as amended by subsection (c), the President shall submit to the
appropriate congressional committees the text of the regulations that
authorize such a licensing exemption.
(f) Report on Consultation Issues.--Not later than one year after
the date of the enactment of this Act and annually thereafter for each
of the following 5 years, the President shall submit to the appropriate
congressional committees a report on issues raised during the previous
year in consultations conducted under the terms of any bilateral
agreement entered into with Australia under section 38(j) of the Arms
Export Control Act, or under the terms of any bilateral agreement
entered into with the United Kingdom under such section, for exemption
from the licensing requirements of the Arms Export Control Act (22
U.S.C. 2751 et seq.). Each report shall contain--
(1) information on any notifications or consultations
between the United States and the United Kingdom under the
terms of any agreement with the United Kingdom, or between the
United States and Australia under the terms of any agreement
with Australia, concerning the modification, deletion, or
addition of defense items on the United States Munitions List,
the United Kingdom Military List, or the Australian Defense and
Strategic Goods List;
(2) a list of all United Kingdom or Australia persons and
entities that have been designated as qualified persons
eligible to receive United States origin defense items exempt
from the licensing requirements of the Arms Export Control Act
under the terms of such agreements, and listing any
modification, deletion, or addition to such lists, pursuant to
the requirements of any agreement with the United Kingdom or
any agreement with Australia;
(3) information on consultations or steps taken pursuant to
any agreement with the United Kingdom or any agreement with
Australia concerning cooperation and consultation with either
government on the effectiveness of the defense trade control systems of
such government;
(4) information on provisions and procedures undertaken
pursuant to--
(A) any agreement with the United Kingdom with
respect to the handling of United States origin defense
items exempt from the licensing requirements of the
Arms Export Control Act by persons and entities
qualified to receive such items in the United Kingdom;
and
(B) any agreement with Australia with respect to
the handling of United States origin defense items
exempt from the licensing requirements of the Arms
Export Control Act by persons and entities qualified to
receive such items in Australia;
(5) information on any new understandings, including the
text of such understandings, between the United States and the
United Kingdom concerning retransfer of United States origin
defense items made pursuant to any agreement with the United
Kingdom to gain exemption from the licensing requirements of
the Arms Export Control Act;
(6) information on consultations with the Government of the
United Kingdom or the Government of Australia concerning the
legal enforcement of any such agreements;
(7) information on United States origin defense items with
respect to which the United States has provided an exception
under the Memorandum of Understanding between the United States
and the United Kingdom and any agreement between the United
States and Australia from the requirement for United States
Government re-export consent that was not provided for under
United States laws and regulations in effect on the date of the
enactment of this Act; and
(8) information on any significant concerns that have
arisen between the Government of Australia or the Government of
the United Kingdom and the United States Government concerning
any aspect of any bilateral agreement between such country and
the United States to gain exemption from the licensing
requirements of the Arms Export Control Act.
(g) Special Notifications.--
(1) Required notifications.--The Secretary of State shall
notify the appropriate congressional committees not later than
90 days after receiving any credible information regarding an
unauthorized end-use or diversion of United States exports of
goods or services made pursuant to any agreement with a country
to gain exemption from the licensing requirements of the Arms
Export Control Act. The notification shall be made in a manner
that is consistent with any ongoing efforts to investigate and
commence civil actions or criminal investigations or
prosecutions regarding such matters and may be made in
classified or unclassified form.
(2) Content.--The notification regarding an unauthorized
end-use or diversion of goods or services under paragraph (1)
shall include--
(A) a description of the goods or services;
(B) the United States origin of the good or
service;
(C) the authorized recipient of the good or
service;
(D) a detailed description of the unauthorized end-
use or diversion, including any knowledge by the United
States exporter of such unauthorized end-use or
diversion;
(E) any enforcement action taken by the Government
of the United States; and
(F) any enforcement action taken by the government
of the recipient nation.
SEC. 1059B. REDESIGNATION AND MODIFICATION OF AUTHORITIES RELATING TO
INSPECTOR GENERAL OF THE COALITION PROVISIONAL AUTHORITY.
(a) Redesignation.--(1) Subsections (b) and (c)(1) of section 3001
of the Emergency Supplemental Appropriations Act for Defense and
Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-106; 117
Stat. 1234; 5 U.S.C. App. 3 section 8G note) are each amended by
striking ``Office of the Inspector General of the Coalition Provisional
Authority'' and inserting ``Office of the Special Inspector General for
Iraq Reconstruction''.
(2) Subsection (c)(1) of such section is further amended by
striking ``Inspector General of the Coalition Provisional Authority''
and inserting ``Special Inspector General for Iraq Reconstruction (in
this section referred to as the `Inspector General')''.
(3)(A) The heading of such section is amended to read as follows:
``SEC. 3001. SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION.''.
(B) The heading of title III of such Act is amended to read as
follows:
``TITLE III--SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION''.
(b) Continuation in Office.--The individual serving as the
Inspector General of the Coalition Provisional Authority as of the date
of the enactment of this Act may continue to serve in that position
after that date without reappointment under paragraph (1) of section
3001(c) of the Emergency Supplemental Appropriations Act for Defense
and Reconstruction of Iraq and Afghanistan, 2004, but remaining subject
to removal as specified in paragraph (4) of that section.
(c) Purposes.--Subsection (a) of such section is amended--
(1) in paragraph (1), by striking ``of the Coalition
Provisional Authority (CPA)'' and inserting ``funded with
amounts appropriated or otherwise made available to the Iraq
Relief and Reconstruction Fund'';
(2) in paragraph (2)(B), by striking ``fraud'' and
inserting ``waste, fraud,''; and
(3) in paragraph (3), by striking ``the head of the
Coalition Provisional Authority'' and inserting ``the Secretary
of State and the Secretary of Defense''.
(d) Responsibilities of Assistant Inspector General for Auditing.--
Subsection (d)(1) of such section is amended by striking ``of the
Coalition Provisional Authority'' and inserting ``supported by the Iraq
Relief and Reconstruction Fund''.
(e) Supervision.--Such section is further amended--
(1) in subsection (e)(1), by striking ``the head of the
Coalition Provisional Authority'' and inserting ``the Secretary
of State and the Secretary of Defense'';
(2) in subsection (h)--
(A) in paragraphs (4)(B) and (5), by striking
``head of the Coalition Provisional Authority'' and
inserting ``Secretary of State''; and
(B) in paragraph (5), by striking ``at the central
and field locations of the Coalition Provisional
Authority'' and inserting ``at appropriate locations of
the Department of State in Iraq'';
(3) in subsection (j)--
(A) in paragraph (1), by striking ``the head of the
Coalition Provisional Authority'' and inserting ``the
Secretary of State and the Secretary of Defense''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``the head of the
Coalition Provisional Authority'' the
first place it appears and inserting
``the Secretary of State or the
Secretary of Defense''; and
(II) by striking ``the head of the
Coalition Provisional Authority
considers'' the second place it appears
and inserting ``the Secretary of State
or the Secretary of Defense, as the
case may be, consider''; and
(ii) in subparagraph (B), by striking ``the
head of the Coalition Provisional Authority
considers'' and inserting ``the Secretary of
State or the Secretary of Defense, as the case
may be, consider''; and
(4) in subsection (k), by striking ``the head of the
Coalition Provisional Authority shall'' each place it appears
and inserting ``the Secretary of State and the Secretary of
Defense shall jointly''.
(f) Duties.--Subsection (f)(1) of such section is amended by
striking ``appropriated funds by the Coalition Provisional Authority in
Iraq'' and inserting ``amounts appropriated or otherwise made available
to the Iraq Relief and Reconstruction Fund''.
(g) Coordination With Inspector General of Department of State.--
Subsection (f) of such section is further amended striking paragraphs
(4) and (5) and inserting the following new paragraph (4):
``(4) In carrying out the duties, responsibilities, and authorities
of the Inspector General under this section, the Inspector General
shall coordinate with, and receive the cooperation of, each of the
following:
``(A) The Inspector General of the Department of Defense.
``(B) The Inspector General of the United States Agency for
International Development.
``(C) The Inspector General of the Department of State.''.
(h) Powers and Authorities.--Subsection (g) of such section is
amended by inserting before the period the following: ``, including the
authorities under subsection (e) of such section''.
(i) Reports.--Subsection (i) of such section is amended--
(1) in paragraph (1)--
(A) in the first sentence, by striking ``and every
calendar quarter thereafter,'' and all that follows
through ``the Coalition Provisional Authority'' and
inserting ``again on July 30, 2004, and every calendar
quarter thereafter, the Inspector General shall submit
to the appropriate committees of Congress a report
summarizing the activities of the Inspector General and
the programs and operations funded with amounts
appropriated or otherwise made available to the Iraq
Relief and Reconstruction Fund'';
(B) in subparagraph (B), by striking ``the
Coalition Provisional Authority'' and inserting ``the
Department of Defense, the Department of State, and the
United States Agency for International Development, as
applicable,'';
(C) in subparagraph (E), by striking ``appropriated
funds'' and inserting ``such amounts''; and
(D) in subparagraph (F), by striking ``the
Coalition Provisional Authority'' and inserting ``the
contracting department or agency'';
(2) in paragraph (2), by striking ``by the Coalition
Provisional Authority'' and inserting ``by any department or
agency of the United States Government that involves the use of
amounts appropriated or otherwise made available to the Iraq
Relief and Reconstruction Fund'';
(3) in paragraph (3), by striking ``June 30, 2004'' and
inserting ``July 30, 2004''; and
(4) in paragraph (4), by striking ``the Coalition
Provisional Authority'' and inserting ``the Department of State
and of the Department of Defense''.
(j) Termination.--Subsection (o) of such section is amended to read
as follows:
``(o) Termination.--The Office of the Inspector General shall
terminate on the date that is 10 months after the date, as determined
by the Secretary of State, on which 80 percent of the amounts
appropriated or otherwise made available to the Iraq Relief and
Reconstruction Fund by chapter 2 of title II of this Act have been
obligated.''.
SEC. 1059C. TREATMENT OF FOREIGN PRISONERS.
(a) Policy.--(1) It is the policy of the United States to treat all
foreign persons captured, detained, interned or otherwise held in the
custody of the United States (hereinafter ``prisoners'') humanely and
in accordance with standards that the United States would consider
legal if perpetrated by the enemy against an American prisoner.
(2) It is the policy of the United States that all
officials of the United States are bound both in wartime and in
peacetime by the legal prohibition against torture, cruel,
inhuman or degrading treatment.
(3) If there is any doubt as to whether prisoners are
entitled to the protections afforded by the Geneva Conventions,
such prisoners shall enjoy the protections of the Geneva
Conventions until such time as their status can be determined
pursuant to the procedures authorized by Army Regulation 190-8,
Section 1-6.
(4) It is the policy of the United States to expeditiously
prosecute cases of terrorism or other criminal acts alleged to
have been committed by prisoners in the custody of the United
States Armed Forces at Guantanamo Bay, Cuba, in order to avoid
the indefinite detention of prisoners, which is contrary to the
legal principles and security interests of the United States.
(b) Reporting.--The Department of Defense shall submit to the
appropriate congressional committees:
(1) A quarterly report providing the number of prisoners
who were denied Prisoner of War (POW) status under the Geneva
Conventions and the basis for denying POW status to each such
prisoner.
(2) A report setting forth--
(A) the proposed schedule for military commissions
to be held at Guantanamo Bay, Cuba; and
(B) the number of individuals currently held at
Guantanamo Bay, Cuba, the number of such individuals
who are unlikely to face a military commission in the
next six months, and the reason(s) for not bringing
such individuals before a military commission.
(3) All International Committee of the Red Cross reports,
completed prior to the enactment of this Act, concerning the
treatment of prisoners in United States custody at Guantanamo
Bay, Cuba, Iraq, and Afghanistan. Such ICRC reports should be
provided, in classified form, not later than 15 days after
enactment of this Act.
(4) A report setting forth all prisoner interrogation
techniques approved by officials of the United States.
(c) Annual Training Requirement.--The Department of Defense shall
certify that all Federal employees and civilian contractors engaged in
the handling and/or interrogating of prisoners have fulfilled an annual
training requirement on the laws of war, the Geneva Conventions and the
obligations of the United States under international humanitarian law.
Subtitle G--Other Matters
SEC. 1061. TECHNICAL AMENDMENTS RELATING TO DEFINITIONS OF GENERAL
APPLICABILITY IN TITLE 10, UNITED STATES CODE.
(a) Clarification of Definition of ``Operational Range''.--Section
101(e)(3) of title 10, United States Code, is amended by striking
``Secretary of Defense'' and inserting ``Secretary of a military
department''.
(b) Amendments Relating to Definition of Congressional Defense
Committees.--(1) Section 2215 of title 10, United States Code, is
amended--
(A) in subsection (a)--
(i) by striking ``(a) Certification Required.--'';
and
(ii) by striking ``congressional committees
specified in subsection (b)'' and inserting
``congressional defense committees''; and
(B) by striking subsection (b).
(2) Section 2515(d) of such title is amended--
(A) by striking ``Report.--(1)'' and inserting ``Report.--
'';
(B) by striking ``congressional committees specified in
paragraph (2)'' and inserting ``congressional defense
committees''; and
(C) by striking paragraph (2).
(3) Section 2676(d) of such title is amended by striking
``appropriate committees of Congress'' in the first sentence and
inserting ``congressional defense committees''.
SEC. 1062. TWO-YEAR EXTENSION OF AUTHORITY OF SECRETARY OF DEFENSE TO
ENGAGE IN COMMERCIAL ACTIVITIES AS SECURITY FOR
INTELLIGENCE COLLECTION ACTIVITIES ABROAD.
Section 431(a) of title 10, United States Code, is amended by
striking ``December 31, 2004'' and inserting ``December 31, 2006''.
SEC. 1063. LIABILITY PROTECTION FOR PERSONS VOLUNTARILY PROVIDING
MARITIME-RELATED SERVICES ACCEPTED BY THE NAVY.
Section 1588(d)(1) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(F) In the case of a person aboard a sailing vessel of
the Navy to engage in the training of Navy personnel or in a
competition involving Navy personnel, the following provisions
of law relating to claims in admiralty for damages or loss:
``(i) The Act entitled `An Act authorizing suits
against the United States in admiralty, suits for
salvage services, and providing for the release of
merchant vessels belonging to the United States from
arrest and attachment in foreign jurisdictions, and for
other purposes', approved March 9, 1920 (commonly known
as the `Suits in Admiralty Act') (46 U.S.C. App. 741 et
seq.).
``(ii) The Act entitled `An Act authorizing suits
against the United States in admiralty for damage
caused by and salvage services rendered to public
vessels belonging to the United States, and for other
purposes', approved March 3, 1925 (commonly known as
the `Public Vessels Act') (46 U.S.C. App. 781 et
seq.).''.
SEC. 1064. LICENSING OF INTELLECTUAL PROPERTY.
(a) Authority.--Subchapter II of chapter 134 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2260. Licensing of intellectual property: retention of fees
``(a) Authority.--Under regulations prescribed by the Secretary of
Defense, the Secretary concerned may license trademarks, service marks,
certification marks, and collective marks owned or controlled by the
Secretary concerned and may retain and expend fees received from such
licensing in accordance with this section.
``(b) Designated Marks.--The Secretary concerned shall designate
the trademarks, service marks, certification marks, and collective
marks as to which the Secretary exercises the authority to retain
licensing fees under this section.
``(c) Use of Fees.--The Secretary concerned shall use fees retained
under this section for purposes as follows:
``(1) For payment of the following costs incurred by the
Secretary:
``(A) Costs of securing trademark registrations.
``(B) Costs of operating the licensing program
under this section.
``(2) For morale, welfare, and recreation activities under
the jurisdiction of the Secretary, to the extent (if any) that
the total amount of the licensing fees available under this
section for a fiscal year exceed the total amount needed for
such fiscal year under paragraph (1).
``(d) Availability.--Fees received in a fiscal year and retained
under this section shall be available for obligations in such fiscal
year and the following two fiscal years.
``(e) Definitions.--In this section, the terms `trademark',
`service mark', `certification mark', and `collective mark' have the
meanings given such terms in section 45 of the Act entitled `An Act to
provide for the registration and protection of trademarks used in
commerce, to carry out the provisions of certain international
conventions, and for other purposes', approved July 5, 1946 (commonly
referred to as the `Trademark Act of 1946') (15 U.S.C. 1127).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2260. Licensing of intellectual property: retention of fees.''.
SEC. 1065. DELAY OF ELECTRONIC VOTING DEMONSTRATION PROJECT.
Section 1604(a) of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1277; 42 U.S.C. 1973ff
note) is amended--
(1) in paragraph (1), by striking ``2002'' and inserting
``2006''; and
(2) in paragraph (2)--
(A) by striking ``2002'' and inserting ``2006'';
and
(B) by striking ``2004'' and inserting ``2008''.
SEC. 1066. WAR RISK INSURANCE FOR MERCHANT MARINE VESSELS.
(a) Extension of Authority.--Section 1214 of the Merchant Marine
Act, 1936 (46 U.S.C. App. 1294) is amended by striking ``June 30,
2005'' and inserting ``December 31, 2008''.
(b) Investment of Funds Excess to Short-Term Needs.--Section 1208
of such Act (46 U.S.C. App. 1288) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) in subsection (a), by striking ``Upon the request of
the Secretary of Transportation,'' and all that follows and
inserting the following:
``(b)(1) The Secretary of Transportation may request the Secretary
of the Treasury to invest such portion of the insurance fund under
subsection (a) as is not, in the judgment of the Secretary of
Transportation, required to meet the current needs of the fund. The
Secretary of the Treasury may make the requested investments.
``(2) Investments under paragraph (1) shall be made in public debt
securities of the United States that--
``(A) mature at times suitable to the needs of the
insurance fund; and
``(B) bear interest rates determined by the Secretary of
the Treasury, taking into consideration current market yields
on outstanding marketable obligations of the United States of
comparable maturity.
``(3) The interest and benefits accruing from securities under this
subsection shall be deposited to the credit of the insurance fund.''.
SEC. 1067. REPEAL OF QUARTERLY REPORTING REQUIREMENT CONCERNING
PAYMENTS FOR DISTRICT OF COLUMBIA WATER AND SEWER
SERVICES AND ESTABLISHMENT OF ANNUAL REPORT BY TREASURY.
(a) Water and Water Service Supplied for the Use of the Government
of the United States.--Section 106(b)(5) of the District of Columbia
Public Works Act of 1954 (sec. 34-2401.25(b), D.C. Official Code), as
amended by section 401 of the Miscellaneous Appropriations Act, 2001
(as enacted by reference in section 1(a)(4) of the Consolidated
Appropriations Act, 2001), is amended to read as follows:
``(5) Not later than the 15th day of the month following the
beginning of the fiscal year (beginning with fiscal year 2005), the
Secretary of the Treasury with respect to each Federal department,
establishment, or agency receiving water services from the District of
Columbia shall submit a report to the Committee on Government Reform of
the House of Representatives, the Committee on Governmental Affairs of
the Senate, and the Committees on Appropriations of the House of
Representatives and Senate analyzing the promptness of payment with
respect to the services furnished to such department, establishment, or
agency.''.
(b) Sanitary Sewer Service Charges for United States Government.--
Section 212(b)(5) of the District of Columbia Public Works Act of 1954
(sec. 34-2112(b), D.C. Official Code), as amended by section 401 of the
Miscellaneous Appropriations Act, 2001 (as enacted by reference in
section 1(a)(4) of the Consolidated Appropriations Act, 2001), is
amended to read as follows:
``(5) Not later than the 15th day of the month following the
beginning of the fiscal year (beginning with fiscal year 2005), the
Secretary of the Treasury with respect to each Federal department,
establishment, or agency receiving sanitary sewer services from the
District of Columbia shall submit a report to the Committee on
Government Reform of the House of Representatives, the Committee on
Governmental Affairs of the Senate, and the Committees on
Appropriations of the House of Representatives and Senate analyzing the
promptness of payment with respect to the services furnished to such
department, establishment, or agency.''.
SEC. 1068. RECEIPT OF PAY BY RESERVES FROM CIVILIAN EMPLOYERS WHILE ON
ACTIVE DUTY IN CONNECTION WITH A CONTINGENCY OPERATION.
Section 209 of title 18, United States Code, is amended by adding
at the end the following new subsection:
``(h) This section does not prohibit a member of the reserve
components of the armed forces on active duty pursuant to a call or
order to active duty under a provision of law referred to in section
101(a)(13) of title 10 from receiving from any person that employed
such member before the call or order to active duty any payment of any
part of the salary or wages that such person would have paid the member
if the member's employment had not been interrupted by such call or
order to active duty.''.
SEC. 1069. PROTECTION OF ARMED FORCES PERSONNEL FROM RETALIATORY
ACTIONS FOR COMMUNICATIONS MADE THROUGH THE CHAIN OF
COMMAND.
(a) Protected Communications.--Section 1034(b)(1)(B) of title 10,
United States Code, is amended--
(1) by striking ``or'' at the end of clause (iii)''; and
(2) by striking clause (iv) and inserting the following:
``(iv) any person or organization in the chain of
command; or
``(v) any other person or organization designated
pursuant to regulations or other established
administrative procedures for such communications.''.
(b) Effective Date and Applicability.--This section and the
amendments made by this section shall take effect on the date of the
enactment of this Act and shall apply with respect to any unfavorable
personnel action taken or threatened, and any withholding of or threat
to withhold a favorable personnel action, on or after that date.
SEC. 1070. MISSILE DEFENSE COOPERATION.
(a) Department of State Procedures for Expedited Review of Licenses
for the Transfer of Defense Items Related to Missile Defense.--
(1) Expedited procedures.--The Secretary of State shall, in
consultation with the Secretary of Defense, establish
procedures for considering technical assistance agreements and
related amendments and munitions license applications for the
export of defense items related to missile defense not later
than 30 days after receiving such agreements, amendments, and
munitions license applications, except in cases in which the
Secretary of State determines that additional time is required
to complete a review of a technical assistance agreement or
related amendment or a munitions license application for
foreign policy or national security reasons, including concerns
regarding the proliferation of ballistic missile technology.
(2) Study on comprehensive authorizations for missile
defense.--The Secretary of State shall, in consultation with
the Secretary of Defense, examine the feasibility of providing
major project authorizations for programs related to missile
defense similar to the comprehensive export authorization
specified in section 126.14 of the International Traffic in
Arms Regulations (section 126.14 of title 22, Code of Federal
Regulations).
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall, in
consultation with the Secretary of Defense, submit to the
Committee on Foreign Relations and the Committee on Armed
Services of the Senate and the Committee on International
Relations and the Committee on Armed Services of the House of
Representatives a report on--
(A) the implementation of the expedited procedures
required under paragraph (1); and
(B) the feasibility of providing the major project
authorization for projects related to missile defense
described in paragraph (2).
(b) Department of Defense Procedures for Expedited Review of
Licenses for the Transfer of Defense Items Related to Missile
Defense.--
(1) Procedures.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall, in
consultation with the Secretary of State, prescribe procedures
to increase the efficiency and transparency of the practices
used by the Department of Defense to review technical
assistance agreements and related amendments and munitions
license applications related to international cooperation on
missile defense that are referred to the Department.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
Committee on Armed Services and the Committee on Foreign
Relations of the Senate and the Committee on Armed Services and
the Committee on International Relations of the House of
Representatives a report--
(A) describing actions taken by the Secretary of
Defense to coordinate with the Secretary of State the
establishment of the expedited review process described
in subsection (a)(1);
(B) identifying key defense items related to
missile defense that are suitable for comprehensive
licensing procedures; and
(C) describing the procedures prescribed pursuant
to paragraph (1).
(c) Definition of Defense Items.--In this section, the term
``defense items'' has the meaning given that term in section
38(j)(4)(A) of the Arms Export Control Act (22 U.S.C. 2778(j)(4)(A)).
SEC. 1071. POLICY ON NONPROLIFERATION OF BALLISTIC MISSILES.
(a) Policy.--It is the policy of the United States to develop,
support, and strengthen international accords and other cooperative
efforts to curtail the proliferation of ballistic missiles and related
technologies which could threaten the territory of the United States,
allies and friends of the United States, and deployed members of the
Armed Forces of the United States with weapons of mass destruction.
(b) Sense of Congress.--(1) Congress makes the following findings:
(A) Certain countries are seeking to acquire ballistic
missiles and related technologies that could be used to attack
the United States or place at risk United States interests,
forward-deployed members of the Armed Forces, and allies and
friends of the United States.
(B) Certain countries continue to actively transfer or sell
ballistic missile technologies in contravention of standards of
behavior established by the United States and allies and
friends of the United States.
(C) The spread of ballistic missiles and related
technologies worldwide has been slowed by a combination of
national and international export controls, forward-looking
diplomacy, and multilateral interdiction activities to restrict
the development and transfer of such weapons and technologies.
(2) It is the sense of Congress that--
(A) the United States should vigorously pursue foreign
policy initiatives aimed at eliminating, reducing, or retarding
the proliferation of ballistic missiles and related
technologies; and
(B) the United States and the international community
should continue to support and strengthen established
international accords and other cooperative efforts, including
United Nations Security Council Resolution 1540 and the Missile
Technology Control Regime, that are designed to eliminate,
reduce, or retard the proliferation of ballistic missiles and
related technologies.
SEC. 1072. REIMBURSEMENT FOR CERTAIN PROTECTIVE, SAFETY, OR HEALTH
EQUIPMENT PURCHASED BY OR FOR MEMBERS OF THE ARMED FORCES
FOR DEPLOYMENT IN OPERATIONS IN IRAQ AND CENTRAL ASIA.
(a) Reimbursement Required.--(1) Subject to subsections (c) and
(d), the Secretary of Defense shall reimburse a member of the Armed
Forces, or a person or entity referred to in paragraph (2), for the
cost (including shipping cost) of any protective, safety, or health
equipment that was purchased by such member, or such person or entity
on behalf of such member, before or during the deployment of such
member in Operation Noble Eagle, Operation Enduring Freedom, or
Operation Iraqi Freedom for the use of such member in connection with
such operation if the unit commander of such member certifies that such
equipment was critical to the protection, safety, or health of such
member.
(2) A person or entity referred to in this paragraph is a family
member or relative of a member of the Armed Forces, a non-profit
organization, or a community group.
(b) Covered Protective, Safety, and Health Equipment.--(1) Subject
to paragraph (2), protective, safety, and health equipment for which
reimbursement shall be made under subsection (a) shall include personal
body armor, collective armor or protective equipment (including armor
or protective equipment for high mobility multi-purpose wheeled
vehicles), and items provided through the Rapid Fielding Initiative of
the Army such as the advanced (on-the-move) hydration system, the
advanced combat helmet, the close combat optics system, a Global
Positioning System (GPS) receiver, and a soldier intercommunication
device.
(2) Non-military equipment may be treated as protective, safety,
and health equipment for purposes of paragraph (1) only if such
equipment provides protection, safety, or health benefits, as the case
may be, such as would be provided by equipment meeting military
specifications.
(c) Limitations Regarding Date of Purchase of Equipment.--(1) In
the case of armor or protective equipment for high mobility multi-
purpose wheeled vehicles (known as HUMVEEs), reimbursement shall be
made under subsection (a) only for armor or equipment purchased during
the period beginning on September 11, 2001, and ending on July 31, 2004
or any date thereafter as determined by the Secretary of Defense.
(2) In the case of any other protective, safety, and health
equipment, reimbursement shall be made under subsection (a) only for
equipment purchased during the period beginning on September 11, 2001,
and ending on December 31, 2003 or any date thereafter as determined by
the Secretary of Defense.
(d) Limitation Regarding Amount of Reimbursement.--The aggregate
amount of reimbursement provided under subsection (a) for any
protective, safety, and health equipment purchased by or on behalf of
any given member of the Armed Forces may not exceed the lesser of--
(1) the cost of such equipment (including shipping cost);
or
(2) $1,100.
(e) Ownership of Equipment.--The Secretary may provide, in
regulations prescribed by the Secretary, that the United States shall
assume title or ownership of any protective, safety, or health
equipment for which reimbursement is provided under subsection (a).
(f) Funding.--Amounts for reimbursements under subsection (a) shall
be derived from any amounts authorized to be appropriated by this Act.
SEC. 1073. PRESERVATION OF SEARCH AND RESCUE CAPABILITIES OF THE
FEDERAL GOVERNMENT.
The Secretary of Defense may not reduce or eliminate search and
rescue capabilities at any military installation in the United States
unless the Secretary first certifies to the Committees on Armed
Services of the Senate and the House of Representatives that equivalent
search and rescue capabilities will be provided, without interruption
and consistent with the policies and objectives set forth in the United
States National Search and Rescue Plan entered into force on January 1,
1999, by--
(1) the Department of Interior, the Department of Commerce,
the Department of Homeland Security, the Department of
Transportation, the Federal Communications Commission, or the
National Aeronautics and Space Administration; or
(2) the Department of Defense, either directly or through a
Department of Defense contract with an emergency medical
service provider or other private entity to provide such
capabilities.
SEC. 1074. GRANT OF FEDERAL CHARTER TO KOREAN WAR VETERANS ASSOCIATION,
INCORPORATED.
(a) Grant of Charter.--Part B of subtitle II of title 36, United
States Code, is amended--
(1) by striking the following:
``CHAPTER 1201--[RESERVED]''; and
(2) by inserting the following:
``CHAPTER 1201--KOREAN WAR VETERANS ASSOCIATION, INCORPORATED
``Sec.
``120101. Organization.
``120102. Purposes.
``120103. Membership.
``120104. Governing body.
``120105. Powers.
``120106. Restrictions.
``120107. Duty to maintain corporate and tax-exempt status.
``120108. Records and inspection.
``120109. Service of process.
``120110. Liability for acts of officers and agents.
``120111. Annual report.
``Sec. 120101. Organization
``(a) Federal Charter.--Korean War Veterans Association,
Incorporated (in this chapter, the `corporation'), incorporated in the
State of New York, is a federally chartered corporation.
``(b) Expiration of Charter.--If the corporation does not comply
with the provisions of this chapter, the charter granted by subsection
(a) expires.
``Sec. 120102. Purposes
``The purposes of the corporation are as provided in its articles
of incorporation and include--
``(1) organizing, promoting, and maintaining for benevolent
and charitable purposes an association of persons who have seen
honorable service in the Armed Forces during the Korean War,
and of certain other persons;
``(2) providing a means of contact and communication among
members of the corporation;
``(3) promoting the establishment of, and establishing, war
and other memorials commemorative of persons who served in the
Armed Forces during the Korean War; and
``(4) aiding needy members of the corporation, their wives
and children, and the widows and children of persons who were
members of the corporation at the time of their death.
``Sec. 120103. Membership
``Eligibility for membership in the corporation, and the rights and
privileges of members of the corporation, are as provided in the bylaws
of the corporation.
``Sec. 120104. Governing body
``(a) Board of Directors.--The board of directors of the
corporation, and the responsibilities of the board of directors, are as
provided in the articles of incorporation of the corporation.
``(b) Officers.--The officers of the corporation, and the election
of the officers of the corporation, are as provided in the articles of
incorporation.
``Sec. 120105. Powers
``The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
``Sec. 120106. Restrictions
``(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
``(b) Political Activities.--The corporation, or a director or
officer of the corporation as such, may not contribute to, support, or
participate in any political activity or in any manner attempt to
influence legislation.
``(c) Loan.--The corporation may not make a loan to a director,
officer, or employee of the corporation.
``(d) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval, or the authority of the United
States, for any of its activities.
``Sec. 120107. Duty to maintain corporate and tax-exempt status
``(a) Corporate Status.--The corporation shall maintain its status
as a corporation incorporated under the laws of the State of New York.
``(b) Tax-Exempt Status.--The corporation shall maintain its status
as an organization exempt from taxation under the Internal Revenue Code
of 1986 (26 U.S.C. 1 et seq.).
``Sec. 120108. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete records of account;
``(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
``(3) at its principal office, a record of the names and
addresses of its members entitled to vote on matters relating
to the corporation.
``(b) Inspection.--A member entitled to vote on matters relating to
the corporation, or an agent or attorney of the member, may inspect the
records of the corporation for any proper purpose, at any reasonable
time.
``Sec. 120109. Service of process
``The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice to
or service on the agent is notice to or service on the Corporation.
``Sec. 120110. Liability for acts of officers and agents
``The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
``Sec. 120111. Annual report
``The corporation shall submit an annual report to Congress on the
activities of the corporation during the preceding fiscal year. The
report shall be submitted at the same time as the report of the audit
required by section 10101 of this title. The report may not be printed
as a public document.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
subtitle II of title 36, United States Code, is amended by striking the
item relating to chapter 1201 and inserting the following new item:
``1201. Korean War Veterans Association, Incorporated....... 120101''.
SEC. 1075. COORDINATION OF USERRA WITH THE INTERNAL REVENUE CODE OF
1986.
(a) Findings.--Congress makes the following findings:
(1) Employers of reservists called up for active duty are
required to treat them as if they are on a leave of absence or
furlough under the Uniformed Services Employment and
Reemployment Rights Act of 1994 (in this section referred to as
``USERRA'').
(2) USERRA does not require employers to pay reservists who
are on active duty, but many employers pay the reservists the
difference between their military stipends and their regular
salaries. Some employers provide this ``differential pay'' for
up to 3 years.
(3) For employee convenience, many of these employers also
allow deductions from the differential payments for
contributions to employer-provided retirement savings plans.
(b) Sense of the Senate.--It is the sense of the Senate that the
Internal Revenue Service should, to the extent it is able within its
authority, provide guidance consistent with the goal of promoting and
ensuring the validity of voluntary differential pay arrangements,
benefits payments, and contributions to retirement savings plans
related thereto.
SEC. 1076. AERIAL FIREFIGHTING EQUIPMENT.
(a) Findings.--Congress makes the following findings:
(1) The National Interagency Fire Center does not possess
an adequate number of aircraft for use in aerial firefighting
and personnel at the Center rely on military aircraft to
provide such firefighting services.
(2) It is in the national security interest of the United
States for the National Interagency Fire Center to purchase
aircraft for use in aerial firefighting so that military
aircraft used for aerial firefighting may be available for use
by the Armed Forces.
(b) Authority To Purchase Aerial Firefighting Equipment.--(1) The
Secretary of Agriculture is authorized to purchase 10 aircraft, as
described in paragraph (2), for the National Interagency Fire Center
for use in aerial firefighting.
(2) The aircraft referred to in paragraph (1) shall be--
(A) aircraft that are specifically designed and built for
aerial firefighting;
(B) certified by the Administrator of the Federal Aviation
Administration for use in aerial firefighting; and
(C) manufactured in a manner that is consistent with the
recommendations for aircraft used in aerial firefighting
contained in--
(i) the Blue Ribbon Panel Report to the Chief of
the Forest Service and the Director of the Bureau of
Land Management dated December 2002; and
(ii) the Safety Recommendation of the Chairman of
the National Transportation Safety Board related to
aircraft used in aerial firefighting dated April 23,
2004.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Agriculture for fiscal year 2005 such
funds as may be necessary to purchase the 10 aircraft described in
subsection (b).
SEC. 1077. SENSE OF SENATE ON AMERICAN FORCES RADIO AND TELEVISION
SERVICE.
(a) Findings.--The Senate makes the following findings:
(1) It is the mission of the American Forces Radio and
Television Service to provide United States military commanders
overseas and at sea with a broadcast media resource to
effectively communicate Department of Defense, Service-unique,
theater, and local command information to personnel under their
commands and to provide United States military members,
Department of Defense civilians, and their families stationed
outside the continental United States and at sea with the same
type and quality of American radio and television news,
information, sports, and entertainment that would be available
to them if they were in the continental United States.
(2) Key principles of American Forces Radio and Television
Service broadcasting policy, as outlined in Department of
Defense Regulation 5120.20R, are to ensure political
programming characterized by fairness and balance and to
provide a free flow of political programming from United States
commercial and public networks without manipulation or
censorship of any news content to the men and women of the
Armed Forces and their dependents.
(3) The stated policy of the American Forces Radio and
Television Service is to select programming that represents a
cross-section of popular American radio and television
offerings and to emulate stateside scheduling and programming
seen and heard in the United States.
(4) It is the policy of American Forces Radio and
Television Service to select news and public affairs programs
for airing that provide balance and diversity from available
nationally recognized program sources, including broadcast and
cable networks, Headquarters, American Forces Radio and
Television Service, the military departments, and other
government or public service agencies.
(b) Sense of the Senate.--It is the sense of the Senate that the
mission statement and policies of the American Forces Radio and
Television Service appropriately state the goal of maintaining equal
opportunity balance with respect to political programming and that the
Secretary of Defense should therefore ensure that these policies are
fully being implemented by developing appropriate methods of oversight
to ensure presentation of all sides of important public questions with
the fairness and balance envisioned by the Department of Defense
throughout the American Forces Radio and Television Service system.
SEC. 1078. SENSE OF CONGRESS ON AMERICA'S NATIONAL WORLD WAR I MUSEUM.
(a) Findings.--Congress makes the following findings:
(1) The Liberty Memorial Museum in Kansas City, Missouri,
was built in 1926 in honor of those individuals who served in
World War I in defense of liberty and the Nation.
(2) The Liberty Memorial Association, a nonprofit
organization which originally built the Liberty Memorial
Museum, is responsible for the finances, operations, and
collections management of the Liberty Memorial Museum.
(3) The Liberty Memorial Museum is the only public museum
in the Nation that exists for the exclusive purpose of
interpreting the experiences of the United States and its
allies in the World War I years (1914-1918), both on the
battlefield and on the home front.
(4) The Liberty Memorial Museum project began after the
1918 Armistice through the efforts of a large-scale, grass-
roots civic and fundraising effort by the citizens and veterans
of the Kansas City metropolitan area. After the conclusion of a
national architectural design competition, ground was broken in
1921, construction began in 1923, and the Liberty Memorial
Museum was opened to the public in 1926.
(5) In 1994, the Liberty Memorial Museum closed for a
massive restoration and expansion project. The restored museum
reopened to the public on Memorial Day, 2002, during a gala
rededication ceremony.
(6) Exhibits prepared for the original museum buildings
presaged the dramatic, underground expansion of core exhibition
gallery space, with over 30,000 square feet of new interpretive
and educational exhibits currently in development. The new
exhibits, along with an expanded research library and archives,
will more fully utilize the many thousands of historical
objects, books, maps, posters, photographs, diaries, letters,
and reminiscences of World War I participants that are
preserved for posterity in the Liberty Memorial Museum's
collections. The new core exhibition is scheduled to open on
Veterans Day, 2006.
(7) The City of Kansas City, the State of Missouri, and
thousands of private donors and philanthropic foundations have
contributed millions of dollars to build and later to restore
this national treasure. The Liberty Memorial Museum continues
to receive the strong support of residents from the States of
Missouri and Kansas and across the Nation.
(8) Since the restoration and rededication of 2002, the
Liberty Memorial Museum has attracted thousands of visitors
from across the United States and many foreign countries.
(9) There remains a need to preserve in a museum setting
evidence of the honor, courage, patriotism, and sacrifice of
those Americans who offered their services and who gave their
lives in defense of liberty during World War I, evidence of the
roles of women and African Americans during World War I, and
evidence of other relevant subjects.
(10) The Liberty Memorial Museum seeks to educate a diverse
group of audiences through its comprehensive collection of
historical materials, emphasizing eyewitness accounts of the
participants on the battlefield and the home front and the
impact of World War I on individuals, then and now. The Liberty
Memorial Museum continues to actively acquire and preserve such
materials.
(11) A great opportunity exists to use the invaluable
resources of the Liberty Memorial Museum to teach the ``Lessons
of Liberty'' to the Nation's schoolchildren through on-site
visits, classroom curriculum development, distance learning,
and other educational initiatives.
(12) The Liberty Memorial Museum should always be the
Nation's museum of the national experience in the World War I
years (1914-1918), where people go to learn about this critical
period and where the Nation's history of this monumental
struggle will be preserved so that generations of the 21st
century may understand the role played by the United States in
the preservation and advancement of democracy, freedom, and
liberty in the early 20th century.
(13) This initiative to recognize and preserve the history
of the Nation's sacrifices in World War I will take on added
significance as the Nation approaches the centennial observance
of this event.
(14) It is fitting and proper to refer to the Liberty
Memorial Museum as ``America's National World War I Museum''.
(b) Sense of Congress.--Congress--
(1) recognizes the Liberty Memorial Museum in Kansas City,
Missouri, including the museum's future and expanded exhibits,
collections, library, archives, and educational programs, as
``America's National World War I Museum'';
(2) recognizes that the continuing collection,
preservation, and interpretation of the historical objects and
other historical materials held by the Liberty Memorial Museum
enhance the knowledge and understanding of the Nation's people
of the American and allied experience during the World War I
years (1914-1918), both on the battlefield and on the home
front;
(3) commends the ongoing development and visibility of
``Lessons of Liberty'' educational outreach programs for
teachers and students throughout the Nation; and
(4) encourages the need for present generations to
understand the magnitude of World War I, how it shaped the
Nation, other countries, and later world events, and how the
sacrifices made then helped preserve liberty, democracy, and
other founding principles for generations to come.
SEC. 1079. REDUCTION OF BARRIERS FOR HISPANIC-SERVING INSTITUTIONS IN
DEFENSE CONTRACTS, DEFENSE RESEARCH PROGRAMS, AND OTHER
MINORITY-RELATED DEFENSE PROGRAMS.
Section 502(a)(5)(C) of the Higher Education Act of 1965 (20 U.S.C.
1101a(a)(5)(C)) is amended by inserting before the period the
following: ``, which assurances--
``(i) may employ statistical extrapolation
using appropriate data from the Bureau of the
Census or other appropriate Federal or State
sources; and
``(ii) the Secretary shall consider as
meeting the requirements of this subparagraph,
unless the Secretary determines, based on a
preponderance of the evidence, that the
assurances do not meet the requirements''.
SEC. 1080. EXTENSION OF SCOPE AND JURISDICTION FOR CURRENT FRAUD
OFFENSES.
(a) Statements or Entries Generally.--Section 1001 of title 18,
United States Code, is amended by adding at the end the following:
``(d) Jurisdiction.--There is extraterritorial Federal jurisdiction
over an offense under this section.
``(e) Prosecution.--A prosecution for an offense under this section
may be brought--
``(1) in accordance with chapter 211 of this title; or
``(2) in any district where any act in furtherance of the
offense took place.''.
(b) Major Fraud Against the United States.--Section 1031 of title
18, United States Code, is amended by adding at the end the following:
``(i) Jurisdiction.--There is extraterritorial Federal jurisdiction
over an offense under this section.
``(j) Prosecution.--A prosecution for an offense under this section
may be brought--
``(1) in accordance with chapter 211 of this title;
``(2) in any district where any act in furtherance of the
offense took place; or
``(3) in any district where any party to the contract or
provider of goods or services is located.''.
SEC. 1081. CONTRACTOR ACCOUNTABILITY.
Section 3267(1)(A) of title 18, United States Code, is amended to
read as follows:
``(A) employed as--
``(i) a civilian employee of--
``(I) the Department of Defense
(including a nonappropriated fund
instrumentality of the Department); or
``(II) any other Federal agency, or
any provisional authority, to the
extent such employment relates to
supporting the mission of the
Department of Defense overseas;
``(ii) a contractor (including a
subcontractor at any tier) of--
``(I) the Department of Defense
(including a nonappropriated fund
instrumentality of the Department); or
``(II) any other Federal agency, or
any provisional authority, to the
extent such employment relates to
supporting the mission of the
Department of Defense overseas; or
``(iii) an employee of a contractor (or
subcontractor at any tier) of--
``(I) the Department of Defense
(including a nonappropriated fund
instrumentality of the Department); or
``(II) any other Federal agency, or
any provisional authority, to the
extent such employment relates to
supporting the mission of the
Department of Defense overseas;''.
SEC. 1082. DEFINITION OF UNITED STATES.
Section 2340(3) of title 18, United States Code, is amended to read
as follows:
``(3) `United States' means the several States of the
United States, the District of Columbia, and the commonwealths,
territories, and possessions of the United States.''.
SEC. 1083. MENTOR-PROTEGE PILOT PROGRAM.
Section 831(m)(2) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note) is amended--
(1) in subparagraph (D), by striking ``or'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(F) a small business concern owned and controlled
by service-disabled veterans (as defined in section
8(d)(3) of the Small Business Act); and
``(G) a qualified HUBZone small business concern
(as defined in section 3(p) of the Small Business
Act).''.
SEC. 1084. BROADCAST DECENCY ENFORCEMENT ACT OF 2004.
(a) Short Title.--This section may be cited as the ``Broadcast
Decency Enforcement Act of 2004''.
(b) Purpose.--The purpose of this section is to increase the
Federal Communications Commission's (FCC) authority to fine for
indecent broadcasts and prevent further relaxation of the media
ownership rules in order to stem the rise of indecent programming.
(c) Findings.--The Congress makes the following findings:
(1) Since 1996 there has been significant consolidation in
the media industry, including:
(A) Radio.--Clear Channel Communications went from
owning 43 radio stations prior to 1996 to over 1,200 as
of January 2003; Cumulus Broadcasting, Inc. was
established in 1997 and owned 266 stations as of
December 2003, making it the second-largest radio
ownership company in the country; and Infinity
Broadcasting Corporation went from owning 43 radio
stations prior to 1996 to over 185 stations as of June
2004;
(B) Television.--Viacom/CBS's national ownership of
television stations increased from 31.53 percent of
United States television households prior to 1996 to
38.9 percent in 2004; GE/NBC's national ownership of
television stations increased from 24.65 percent prior
to 1996 to 33.56 percent in 2004; News Corp./Fox's
national ownership of television stations increased
from 22.05 percent prior to 1996 to 37.7 percent in
2004;
(C) Media mergers.--In 2000, Viacom merged with CBS
and UPN; in 2002, GE/NBC merged with Telemundo
Communications, Inc. and in 2004 with Vivendi Universal
Entertainment; in 2003 News Corp./Fox acquired a
controlling interest in DirecTV; in 2000, Time Warner,
Inc. merged with America Online.
(2) Over the same period that there has been significant
consolidation in the media industry, the number of indecency
complaints also has increased dramatically. The largest owners
of television and radio broadcast holdings have received the
greatest number of indecency complaints and the largest fines,
including:
(A) Over 80 percent of the fines proposed by the
Federal Communications Commission for indecent
broadcasts were against stations owned by two of the
top three radio companies. The top radio company alone
accounts for over two-thirds of the fines proposed by
the FCC;
(B) Two of the largest fines proposed by the FCC
were against two of the top three radio companies;
(C) In 2004, the FCC received over 500,000
indecency complaints in response to the Superbowl
Halftime show aired on CBS and produced by MTV, both of
which are owned by Viacom. This is the largest number
of complaints ever received by the FCC for a single
broadcast;
(D) The number of indecency complaints increased
from 111 in 2000 to 240,350 in 2003;
(3) Media conglomerates do not consider or reflect local
community standards.
(A) The FCC has no record of a television station
owned by one of the big four networks (Viacom/CBS,
Disney/ABC, News Corp./Fox or GE/NBC) pre-empting
national programming for failing to meet community
standards;
(B) FCC records show that non-network owned
stations have often rejected national network
programming found to be indecent and offensive to local
community standards;
(C) A letter from an owned and operated station
manager to a viewer stated that programming decisions
are made by network headquarters and not the local
owned and operated television station management;
(D) The Parents Television Council has found that
the ``losers'' of network ownership ``are the local
communities whose standards of decency are being
ignored;''
(4) The Senate Commerce Committee has found that the
current fines do not deter indecent broadcast because they are
merely the cost of doing business for large media companies.
Therefore, in order to prevent the continued rise of indecency
violations, the FCC's authority for indecency fines should be
increased and further media consolidation should be prevented.
(d) Increase in Penalties for Obscene, Indecent, and Profane
Broadcast.--Section 503(b)(2) of the Communications Act of 1934 (47
U.S.C. 503(b)(2)) is amended.--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Notwithstanding subparagraph (A), if the violator
is--
``(i)(I) a broadcast station licensee or permittee;
or
``(II) an applicant for any broadcast license,
permit, certificate, or other instrument or
authorization issued by the Commission; and
``(ii) determined by the Commission under paragraph
(1) to have broadcast obscene, indecent, or profane
language, the amount of any forfeiture penalty
determined under this subsection shall not exceed
$275,000 for each violation or each day of a continuing
violation, except that the amount assessed for any
continuing violation shall not exceed a total of
$3,000,000 for any single act or failure to act.''; and
(3) in subparagraph (D), as redesignated by paragraph (1),
by striking ``subparagraph (A) or (B)'' and inserting
``subparagraph (A), (B), or (C)''.
(e) New Broadcast Media Ownership Rules Suspended.--
(1) Suspension.--Subject to the provisions of
paragraphs(d)(2), the broadcast media ownership rules adopted
by the Federal Communications Commission on June 2, 2003,
pursuant to its proceeding on broadcast media ownership rules,
Report and Order FCC-03-127, published at 68 FR 46286, August
5, 2003, shall be invalid and without legal effect.
(2) Clarification.--The provisions of paragraph (1) shall
not supersede the amendments made by section 629 of the
Miscellaneous Appropriations and Offsets Act, 2004 (Public Law
108-199).
(f) Additional Factors in Indecency Penalties; Exception.--Section
503(b)(2) of the Communications Act of 1934 (47 U.S.C. 503(b)(2)), is
further amended by adding at the end the following:
``(F) In the case of a violation in which the violator is
determined by the Commission under paragraph (1) to have uttered
obscene, indecent, or profane material, the Commission shall take into
account, in addition to the matters described in subparagraph (E), the
following factors with respect to the degree of culpability of the
violator:
``(i) Whether the material uttered by the violator was live
or recorded, scripted or unscripted.
``(ii) Whether the violator had a reasonable opportunity to
review recorded or scripted programming or had a reasonable
basis to believe live or unscripted programming would contain
obscene, indecent, or profane material.
``(iii) If the violator originated live or unscripted
programming, whether a time delay blocking mechanism was
implemented for the programming.
``(iv) The size of the viewing or listening audience of the
programming.
``(v) Whether the obscene incident or profane language was
within live programming not produced by the station licensee or
permitee.
``(vi) The size of the market.
``(vii) Whether the violation occurred during a children's
television program (as such term is used in the Children's
Television Programming Policy referenced in section 73.4050(c)
of the Commission's regulations (47 C.F.R. 73.4050(c)) or
during a television program rated TVY, TVY7, TVY7FV, or TVG
under the TV Parental Guidelines as such ratings were approved
by the Commission in implementation of section 551 of the
Telecommunications Act of 1996, Video Programming Ratings,
Report and Order, CS Docket No. 97-55, 13 F.C.C. Rcd. 8232
(1998)), and, with respect to a radio broadcast station
licensee, permittee, or applicant, whether the target audience
was primarily comprised of, or should reasonably have been
expected to be primarily comprised of, children.''
``(G) The Commission may double the amount of any forfeiture
penalty (not to exceed $550,000 for the first violation, $750,000 for
the second violation, and $1,000,000 for the third or any subsequent
violation not to exceed up to $3,000,000 for all violations in a 24-
hour time period notwithstanding section 503(b)(2)(C)) if the
Commission determines additional factors are present which are
aggravating in nature, including--
``(i) whether the material uttered by the violator was
recorded or scripted;
``(ii) whether the violator had a reasonable opportunity to
review recorded or scripted programming or had a reasonable
basis to believe live or unscripted programming would contain
obscene, indecent, or profane material;
``(iii) whether the violator failed to block live or
unscripted programming;
``(iv) whether the size of the viewing or listening
audience of the programming was substantially larger than
usual, such as a national or international championship
sporting event or awards program; and
``(v) whether the violation occured during a children's
television program (as defined in subparagraph (F) (vii)).''
SEC. 1085. CHILDREN'S PROTECTION FROM VIOLENT PROGRAMMING ACT.
(a) Short Title.--This section may be cited as the ``Children's
Protection from Violent Programming Act''.
(b) Findings.--The Congress makes the following findings:
(1) Television influences children's perception of the
values and behavior that are common and acceptable in society.
(2) Broadcast television, cable television, and video
programming are--
(A) uniquely pervasive presences in the lives of
all American children; and
(B) readily accessible to all American children.
(3) Violent video programming influences children, as does
indecent programming.
(4) There is empirical evidence that children exposed to
violent video programming at a young age have a higher tendency
to engage in violent and aggressive behavior later in life than
those children not so exposed.
(5) There is empirical evidence that children exposed to
violent video programming have a greater tendency to assume
that acts of violence are acceptable behavior and therefore to
imitate such behavior.
(6) There is empirical evidence that children exposed to
violent video programming have an increased fear of becoming a
victim of violence, resulting in increased self-protective
behaviors and increased mistrust of others.
(7) There is a compelling governmental interest in limiting
the negative influences of violent video programming on
children.
(8) There is a compelling governmental interest in
channeling programming with violent content to periods of the
day when children are not likely to comprise a substantial
portion of the television audience.
(9) A significant amount of violent programming that is
readily accessible to minors remains unrated specifically for
violence and therefore cannot be blocked solely on the basis of
its violent content.
(10) Age-based ratings that do not include content rating
for violence do not allow parents to block programming based
solely on violent content thereby rendering ineffective any
technology-based blocking mechanism designed to limit violent
video programming.
(11) The most recent study of the television ratings system
by the Kaiser Family Foundation concludes that 79 percent of
violent programming is not specifically rated for violence.
(12) Technology-based solutions, such as the V-chip, may be
helpful in protecting some children, but cannot achieve the
compelling governmental interest in protecting all children
from violent programming when parents are only able to block
programming that has, in fact, been rated for violence.
(13) Restricting the hours when violent programming can be
shown protects the interests of children whose parents are
unavailable, unable to supervise their children's viewing
behavior, do not have the benefit of technology-based
solutions, are unable to afford the costs of technology-based
solutions, or are unable to determine the content of those
shows that are only subject to age-based ratings.
(14) After further study, pursuant to a rulemaking, the
Federal Communications Commission may conclude that content-
based ratings and blocking technology do not effectively
protect children from the harm of violent video programming.
(15) If the Federal Communications Commission reaches the
conclusion described in paragraph (14), the channeling of
violent video programming will be the least restrictive means
of limiting the exposure of children to the harmful influences
of violent video programming.
SEC. 1086. ASSESSMENT OF EFFECTIVENESS OF CURRENT RATING SYSTEM FOR
VIOLENCE AND EFFECTIVENESS OF V-CHIP IN BLOCKING VIOLENT
PROGRAMMING.
(a) Report.--The Federal Communications Commission shall--
(1) assess the effectiveness of measures to require
television broadcasters and multichannel video programming
distributors (as defined in section 602(13) of the
Communications Act of 1934 (47 U.S.C. 522(13)) to rate and
encode programming that could be blocked by parents using the
V-chip undertaken under section 715 of the Communications Act
of 1934 (47 U.S.C. 715) and under subsections (w) and (x) of
section 303 of that Act (47 U.S.C. 303(w) and (x)) in
accomplishing the purposes for which they were enacted; and
(2) report its findings to the Committee on Commerce,
Science, and Transportation of the United States Senate and the
Committee on Energy and Commerce of the United States House of
Representatives, within 12 months after the date of enactment
of this Act, and annually thereafter.
(b) Action.--If the Commission finds at any time, as a result of
its ongoing assessment under subsection (a), that the measures referred
to in subsection (a)(1) are insufficiently effective, then the
Commission shall complete a rulemaking within 270 days after the date
on which the Commission makes that finding to prohibit the distribution
of violent video programming during the hours when children are
reasonably likely to comprise a substantial portion of the audience.
(c) Definitions.--Any term used in this section that is defined in
section 715 of the Communications Act of 1934 (47 U.S.C. 715), or in
regulations under that section, has the same meaning as when used in
that section or in those regulations.
SEC. 1087. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO PROGRAMMING THAT IS
NOT SPECIFICALLY RATED FOR VIOLENCE AND THEREFORE IS NOT
BLOCKABLE.
Title VII of the Communications Act of 1934 (47 U.S.C. 701 et seq.)
is amended by adding at the end the following:
``SEC. 715. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO PROGRAMMING NOT
SPECIFICALLY BLOCKABLE BY ELECTRONIC MEANS.
``(a) Unlawful Distribution.--It shall be unlawful for any person
to distribute to the public any violent video programming not blockable
by electronic means specifically on the basis of its violent content
during hours when children are reasonably likely to comprise a
substantial portion of the audience.
``(b) Rulemaking Proceeding.--The Commission shall conduct a
rulemaking proceeding to implement the provisions of this section and
shall promulgate final regulations pursuant to that proceeding not
later than 9 months after the date of enactment of the Children's
Protection from Violent Programming Act. As part of that proceeding,
the Commission--
``(1) may exempt from the prohibition under subsection (a)
programming (including news programs and sporting events) whose
distribution does not conflict with the objective of protecting
children from the negative influences of violent video
programming, as that objective is reflected in the findings in
section 551(a) of the Telecommunications Act of 1996;
``(2) shall exempt premium and pay-per-view cable
programming and premium and pay-per-view direct-to-home
satellite programming; and
``(3) shall define the term `hours when children are
reasonably likely to comprise a substantial portion of the
audience' and the term `violent video programming'.
``(c) Enforcement.--
``(1) Forfeiture penalty.--The forfeiture penalties
established by section 503(b) for violations of section 1464 of
title 18, United States Code, shall apply to a violation of
this section, or any regulation promulgated under it in the
same manner as if a violation of this section, or such a
regulation, were a violation of law subject to a forfeiture
penalty under that section.
``(2) License revocation.--If a person repeatedly violates
this section or any regulation promulgated under this section,
the Commission shall, after notice and opportunity for hearing,
revoke any license issued to that person under this Act.
``(3) License renewals.--The Commission shall consider,
among the elements in its review of an application for renewal
of a license under this Act, whether the licensee has complied
with this section and the regulations promulgated under this
section.
``(d) Definitions.--For purposes of this section--
``(1) Blockable by electronic means.--The term `blockable
by electronic means' means blockable by the feature described
in section 303(x).
``(2) Distribute.--The term `distribute' means to send,
transmit, retransmit, telecast, broadcast, or cablecast,
including by wire, microwave, or satellite, but it does not
include the transmission, retransmission, or receipt of any
voice, data, graphics, or video telecommunications accessed
through an interactive computer service as defined in section
230(f)(2) of the Communications Act of 1934 (47 U.S.C.
230(f)(2)), which is not originated or transmitted in the
ordinary course of business by a television broadcast station
or multichannel video programming distributor as defined in
section 602(13) of that Act (47 U.S.C. 522(13)).
``(3) Violent video programming.--The term `violent video
programming' as defined by the Commission may include matter
that is excessive or gratuitous violence within the meaning of
the 1992 Broadcast Standards for the Depiction of Violence in
Television Programs, December 1992.''.
SEC. 1088. SEPARABILITY.
If any provision of this title, or any provision of an amendment
made by this title, or the application thereof to particular persons or
circumstances, is found to be unconstitutional, the remainder of this
title or that amendment, or the application thereof to other persons or
circumstances shall not be affected.
SEC. 1089. EFFECTIVE DATE.
The prohibition contained in section 715 of the Communications Act
of 1934 (as added by section 204 of this title) and the regulations
promulgated thereunder shall take effect 1 year after the regulations
are adopted by the Commission.
SEC. 1090. PILOT PROGRAM ON CRYPTOLOGIC SERVICE TRAINING.
(a) Program Authorized.--The Director of the National Security
Agency may carry out a pilot program on cryptologic service training
for the intelligence community.
(b) Objective of Program.--The objective of the pilot program is to
increase the number of qualified entry-level language analysts and
intelligence analysts available to the National Security Agency and the
other elements of the intelligence community through the directed
preparation and recruitment of qualified entry-level language analysts
and intelligence analysts who commit to a period of service or a career
in the intelligence community.
(c) Program Scope.--The pilot program shall be national in scope.
(d) Program Participants.--(1) Subject to the provisions of this
subsection, the Director shall select the participants in the pilot
program from among individuals qualified to participate in the pilot
program utilizing such procedures as the Director considers appropriate
for purposes of the pilot program.
(2) Each individual who receives financial assistance under the
pilot program shall perform one year of obligated service with the
National Security Agency, or another element of the intelligence
community approved by the Director, for each academic year for which
such individual receives such financial assistance upon such
individual's completion of post-secondary education.
(3) Each individual selected to participate in the pilot program
shall be qualified for a security clearance appropriate for the
individual under the pilot program.
(4) The total number of participants in the pilot program at any
one time may not exceed 400 individuals.
(e) Program Management.--In carrying out the pilot program, the
Director shall--
(1) identify individuals interested in working in the
intelligence community, and committed to taking college-level
courses that will better prepare them for a career in the
intelligence community as a language analysts or intelligence
analyst;
(2) provide each individual selected for participation in
the pilot program--
(A) financial assistance for the pursuit of courses
at institutions of higher education selected by the
Director in fields of study that will qualify such
individual for employment by an element of the
intelligence community as a language analyst or
intelligence analyst; and
(B) educational counseling on the selection of
courses to be so pursued; and
(3) provide each individual so selected information on the
opportunities available for employment in the intelligence
community.
(f) Duration of Program.--(1) The Director shall terminate the
pilot program not later than six years after the date of the enactment
of this Act.
(2) The termination of the pilot program under paragraph (1) shall
not prevent the Director from continuing to provide assistance,
counseling, and information under subsection (e) to individuals who are
participating in the pilot program on the date of termination of the
pilot program throughout the academic year in progress as of that date.
SEC. 1091. ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) In General.--Section 801(c) of the National Energy Conservation
Policy Act (42 U.S.C. 8287(c)) is amended by striking ``2003'' and
inserting ``2005''.
(b) Payment of Costs.--Section 802 of the National Energy
Conservation Policy Act (42 U.S.C. 8287a) is amended by inserting ``,
water, or wastewater treatment'' after ``payment of energy''.
(c) Energy Savings.--Section 804(2) of the National Energy
Conservation Policy Act (42 U.S.C. 8287c(2)) is amended to read as
follows:
``(2) The term `energy savings' means a reduction in the
cost of energy, water, or wastewater treatment, from a base
cost established through a methodology set forth in the
contract, used in an existing federally owned building or
buildings or other federally owned facilities as a result of--
``(A) the lease or purchase of operating equipment,
improvements, altered operation and maintenance, or
technical services;
``(B) the increased efficient use of existing
energy sources by cogeneration or heat recovery,
excluding any cogeneration process for other than a
federally owned building or buildings or other
federally owned facilities; or
``(C) the increased efficient use of existing water
sources in either interior or exterior applications.''.
(d) Energy Savings Contract.--Section 804(3) of the National Energy
Conservation Policy Act (42 U.S.C. 8287c(3)) is amended to read as
follows:
``(3) The terms `energy savings contract' and `energy
savings performance contract' mean a contract that provides for
the performance of services for the design, acquisition,
installation, testing, and, where appropriate, operation,
maintenance, and repair, of an identified energy or water
conservation measure or series of measures at 1 or more
locations. Such contracts shall, with respect to an agency
facility that is a public building (as such term is defined in
section 3301 of title 40, United States Code), be in compliance
with the prospectus requirements and procedures of section 3307
of title 40, United States Code.''.
(e) Energy or Water Conservation Measure.--Section 804(4) of the
National Energy Conservation Policy Act (42 U.S.C. 8287c(4)) is amended
to read as follows:
``(4) The term `energy or water conservation measure'
means--
``(A) an energy conservation measure, as defined in
section 551; or
``(B) a water conservation measure that improves
the efficiency of water use, is life-cycle cost-
effective, and involves water conservation, water
recycling or reuse, more efficient treatment of
wastewater or stormwater, improvements in operation or
maintenance efficiencies, retrofit activities, or other
related activities, not at a Federal hydroelectric
facility.''.
(f) Review.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Energy shall complete a review
of the Energy Savings Performance Contract program to identify
statutory, regulatory, and administrative obstacles that prevent
Federal agencies from fully utilizing the program. In addition, this
review shall identify all areas for increasing program flexibility and
effectiveness, including audit and measurement verification
requirements, accounting for energy use in determining savings,
contracting requirements, including the identification of additional
qualified contractors, and energy efficiency services covered. The
Secretary shall report these findings to Congress and shall implement
identified administrative and regulatory changes to increase program
flexibility and effectiveness to the extent that such changes are
consistent with statutory authority.
(g) Extension of Authority.--Any energy savings performance
contract entered into under section 801 of the National Energy
Conservation Policy Act (42 U.S.C. 8287) after October 1, 2003, and
before the date of enactment of this Act, shall be deemed to have been
entered into pursuant to such section 801 as amended by subsection (a)
of this section.
SEC. 1092. CLARIFICATION OF FISCAL YEAR 2004 FUNDING LEVEL FOR A
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACCOUNT.
For the purposes of applying sections 204 and 605 of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2004 (division B of Public Law 108-199) to
matters in title II of such Act under the heading ``National Institute
of Standards and Technology'' (118 Stat.69), in the account under the
heading ``industrial technology services'', the Secretary of Commerce
shall make all determinations based on the Industrial Technology
Services funding level of $218,782,000 for reprogramming and
transferring of funds for the Manufacturing Extension Partnership
program and shall submit such a reprogramming or transfer, as the case
may be, to the appropriate committees within 30 days after the date of
the enactment of this Act.
SEC. 1093. REPORT ON OFFSET REQUIREMENTS UNDER CERTAIN CONTRACTS.
Section 8138(b) of the Department of Defense Appropriations Act,
2004 (Public Law 108-87; 117 Stat. 1106; 10 U.S.C. 2532 note) is
amended by adding at the end the following new paragraph:
``(4) The extent to which any foreign country imposes,
whether by law or practice, offsets in excess of 100 percent on
United States suppliers of goods or services, and the impact of
such offsets with respect to employment in the United States,
sales revenue relative to the value of such offsets, technology
transfer of goods that are critical to the national security of
the United States, and global market share of United States
companies.''.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY
SEC. 1101. SCIENCE, MATHEMATICS, AND RESEARCH FOR TRANSFORMATION
(SMART) DEFENSE SCHOLARSHIP PILOT PROGRAM.
(a) Requirement for Program.--(1) The Secretary of Defense shall
carry out a pilot program to provide financial assistance for education
in science, mathematics, engineering, and technology skills and
disciplines that, as determined by the Secretary, are critical to the
national security functions of the Department of Defense and are needed
in the Department of Defense workforce.
(2) The pilot program under this section shall be carried out for
three years beginning on October 1, 2004.
(b) Scholarships.--(1) Under the pilot program, the Secretary of
Defense may award a scholarship in accordance with this section to a
person who--
(A) is a citizen of the United States;
(B) is pursuing an undergraduate or advanced degree in a
critical skill or discipline described in subsection (a) at an
institution of higher education; and
(C) enters into a service agreement with the Secretary of
Defense as described in subsection (c).
(2) The amount of the financial assistance provided under a
scholarship awarded to a person under this subsection shall be the
amount determined by the Secretary of Defense as being necessary to pay
all educational expenses incurred by that person, including tuition,
fees, cost of books, laboratory expenses, and expenses of room and
board. The expenses paid, however, shall be limited to those
educational expenses normally incurred by students at the institution
of higher education involved.
(c) Service Agreement for Recipients of Assistance.--(1) To receive
financial assistance under this section--
(A) in the case of an employee of the Department of
Defense, the employee shall enter into a written agreement to
continue in the employment of the department for the period of
obligated service determined under paragraph (2); and
(B) in the case of a person not an employee of the
Department of Defense, the person shall enter into a written
agreement to accept and continue employment in the Department
of Defense for the period of obligated service determined under
paragraph (2).
(2) For the purposes of this subsection, the period of obligated
service for a recipient of a scholarship under this section shall be
the period determined by the Secretary of Defense as being appropriate
to obtain adequate service in exchange for the financial assistance
provided under the scholarship. In no event may the period of service
required of a recipient be less than the total period of pursuit of a
degree that is covered by the scholarship. The period of obligated
service is in addition to any other period for which the recipient is
obligated to serve in the civil service of the United States.
(3) An agreement entered into under this subsection by a person
pursuing an academic degree shall include any terms and conditions that
the Secretary of Defense determines necessary to protect the interests
of the United States or otherwise appropriate for carrying out this
section.
(d) Refund for Period of Unserved Obligated Service.--(1) A person
who voluntarily terminates service before the end of the period of
obligated service required under an agreement entered into under
subsection (c) shall refund to the United States an amount determined
by the Secretary of Defense as being appropriate to obtain adequate
service in exchange for financial assistance.
(2) An obligation to reimburse the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
(3) The Secretary of Defense may waive, in whole or in part, a
refund required under paragraph (1) if the Secretary determines that
recovery would be against equity and good conscience or would be
contrary to the best interests of the United States.
(4) A discharge in bankruptcy under title 11, United States Code,
that is entered less than five years after the termination of an
agreement under this section does not discharge the person signing such
agreement from a debt arising under such agreement or under this
subsection.
(e) Relationship to Other Programs.--The pilot program under this
section is in addition to the authorities provided in chapter 111 of
title 10, United States Code. The Secretary of Defense shall coordinate
the provision of financial assistance under the authority of this
section with the provision of financial assistance under the
authorities provided in such chapter in order to maximize the benefits
derived by the Department of Defense from the exercise of all such
authorities.
(f) Recommendation on Pilot Program.--Not later than February 1,
2007, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives, the Committee
on Governmental Affairs of the Senate, and the Committee on Government
Reform of the House of Representatives a plan for expanding and
improving the national defense science and engineering workforce
educational assistance pilot program carried out under this section as
appropriate to improve recruitment and retention to meet the
requirements of the Department of Defense for its science and
engineering workforce on a short-term basis and on a long-term basis.
(g) Critical Hiring Need.--Section 3304(a)(3) of title 5, United
States Code, is amended by striking subparagraph (B) and inserting the
following:
``(B)(i) the Office of Personnel Management has
determined that there exists a severe shortage of
candidates or there is a critical hiring need; or
``(ii) the candidate is a participant in the
Science, Mathematics, and Research for Transformation
(SMART) Defense Scholarship Pilot Program under section
1101 of the National Defense Authorization Act for
Fiscal Year 2005.''.
(h) Institution of Higher Education Defined.--In this section, the
term ``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (21 U.S.C.
1001).
SEC. 1102. FOREIGN LANGUAGE PROFICIENCY PAY.
(a) Eligibility for Service Not Related to Contingency
Operations.--Section 1596a(a)(2) of title 10, United States Code, is
amended by striking ``during a contingency operation supported by the
armed forces''.
(b) Effective Date and Applicability.--The amendment by this
section shall take effect on October 1, 2004, and shall apply with
respect to months beginning on or after such date.
SEC. 1103. PAY AND PERFORMANCE APPRAISAL PARITY FOR CIVILIAN
INTELLIGENCE PERSONNEL.
(a) Pay Rates.--Section 1602(a) of title 10, United States Code, is
amended by striking ``in relation to the rates of pay provided in
subpart D of part III of title 5 for positions subject to that subpart
which have corresponding levels of duties and responsibilities'' and
inserting ``in relation to the rates of pay provided for comparable
positions in the Department of Defense, including Senior Executive
Service positions (as defined in section 3132 of title 5) or other
senior level positions''.
(b) Performance Appraisal System.--Section 1606 of such title is
amended by adding at the end the following new subsection:
``(d) Performance Appraisals.--(1) The Defense Intelligence Senior
Executive Service shall be subject to a performance appraisal system
which, as designed and applied, is certified by the Secretary of
Defense under section 5307 of title 5 as making meaningful distinctions
based on relative performance.
``(2) The performance appraisal system applicable to the Defense
Intelligence Senior Executive Service under paragraph (1) may be the
same performance appraisal system that is established and implemented
within the Department of Defense for members of the Senior Executive
Service.''.
SEC. 1104. ACCUMULATION OF ANNUAL LEAVE BY INTELLIGENCE SENIOR LEVEL
EMPLOYEES.
Section 6304(f)(1) of title 5, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``in a position'';
(2) in subparagraphs (A), (B), (C), (D), and (E), by
inserting ``a position in'' before ``the'';
(3) by striking ``or'' at the end of subparagraph (D);
(4) by striking the period at the end of subparagraph (E)
and inserting ``; or''; and
(5) by adding at the end the following new subparagraph:
``(F) a position designated as an Intelligence Senior Level
position under section 1607(a) of title 10.''.
SEC. 1105. PAY PARITY FOR SENIOR EXECUTIVES IN DEFENSE NONAPPROPRIATED
FUND INSTRUMENTALITIES.
(a) Authority.--Chapter 81 of title 10, United States Code, is
amended by inserting after section 1587 the following new section:
``Sec. 1587a. Employees of nonappropriated fund instrumentalities:
senior executive pay levels
``(a) Authority.--To achieve the objective stated in subsection
(b), the Secretary of Defense may regulate the amount of total
compensation that is provided for senior executives of nonappropriated
fund instrumentalities who, for the fixing of pay by administrative
action, are under the jurisdiction of the Secretary of Defense or the
Secretary of a military department.
``(b) Pay Parity.--The objective of an action taken with respect to
the compensation of a senior executive under subsection (a) is to
provide for parity between the total compensation provided for such
senior executive and total compensation that is provided for Department
of Defense employees in Senior Executive Service positions or other
senior executive positions.
``(c) Standards of Comparability.--Subject to subsection (d), the
Secretary of Defense shall prescribe the standards of comparison that
are to apply in the making of the determinations necessary to achieve
the objective stated in subsection (b).
``(d) Establishment of Pay Rates.--The Secretary of Defense shall
apply subsections (a) and (b) of section 5382 of title 5 in the
regulation of compensation under this section.
``(e) Relationship to Pay Limitation.--The Secretary of Defense may
exercise the authority provided in subsection (a) without regard to
section 5373 of title 5.
``(f) Definitions.--In this section:
``(1) The term `compensation' includes rate of basic pay.
``(2) The term `Senior Executive Service position' has the
meaning given such term in section 3132 of title 5.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1587 the following new item:
``1587a. Employees of nonappropriated fund instrumentalities: senior
executive pay levels.''.
SEC. 1106. HEALTH BENEFITS PROGRAM FOR EMPLOYEES OF NONAPPROPRIATED
FUND INSTRUMENTALITIES.
(a) Establishment.--(1) Chapter 81 of title 10, United States Code,
as amended by section 1105(a), is further amended by inserting after
section 1587a the following new section:
``Sec. 1587b. Employees of nonappropriated fund instrumentalities:
health benefits program
``(a) Program Required.--The Secretary of Defense shall provide a
uniform health benefits program for employees of the Department of
Defense assigned to a nonappropriated fund instrumentality of the
United States.
``(b) Exemption From State and Local Laws, Taxes, and Other
Requirements.--The exemption in section 8909(f) of title 5 shall apply
to the program under subsection (a) and to a carrier, underwriting
contractor, and plan administration contractor under such program in
the same manner and to the same extent as such exemption applies under
section 8909(f) of such title to an approved health benefits plan under
chapter 89 of such title and a carrier, underwriting subcontractor, and
plan administration subcontractor, respectively, of such a plan.''.
(2) The table of sections at the beginning of such chapter, as
amended by section 1105(b), is further amended by inserting after the
item relating to section 1587a the following new item:
``1587b. Employees of nonappropriated fund instrumentalities: health
benefits program.''.
(b) Repeal of Superseded Law.--Section 349 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2727; 10 U.S.C. 1587 note) is repealed.
SEC. 1107. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER OFFICE OF
MANAGEMENT AND BUDGET CIRCULAR A-76.
(a) Eligibility To Protest.--(1) Section 3551(2) of title 31,
United States Code, is amended to read as follows:
``(2) The term `interested party'--
``(A) with respect to a contract or a solicitation
or other request for offers described in paragraph (1),
means an actual or prospective bidder or offeror whose
direct economic interest would be affected by the award
of the contract or by failure to award the contract;
and
``(B) with respect to a public-private competition
conducted under Office of Management and Budget
Circular A-76 regarding performance of an activity or
function of a Federal agency, includes--
``(i) any official who submitted the agency
tender in such competition; and
``(ii) any one person who, for the purpose
of representing them in a protest under this
subchapter that relates to such competition,
has been designated as their agent by a
majority of the employees of such Federal
agency who are engaged in the performance of
such activity or function.''.
(2)(A) Subchapter V of chapter 35 of such title is amended by
adding at the end the following new section:
``Sec. 3557. Expedited action in protests for public-private
competitions
``For protests in cases of public-private competitions conducted
under Office of Management and Budget Circular A-76 regarding
performance of an activity or function of Federal agencies, the
Comptroller General shall administer the provisions of this subchapter
in a manner best suited for expediting final resolution of such
protests and final action in such competitions.''.
(B) The chapter analysis at the beginning of such chapter is
amended by inserting after the item relating to section 3556 the
following new item:
``3557. Expedited action in protests for public-private
competitions.''.
(b) Right To Intervene in Civil Action.--Section 1491(b) of title
28, United States Code, is amended by adding at the end the following
new paragraph:
``(5) If a private sector interested party commences an action
described in paragraph (1) in the case of a public-private competition
conducted under Office of Management and Budget Circular A-76 regarding
performance of an activity or function of a Federal agency, then an
official or person described in section 3551(2)(B) of title 31 shall be
entitled to intervene in that action.''.
(c) Applicability.--Subparagraph (B) of section 3551(2) of title
31, United States Code (as added by subsection (a)), and paragraph (5)
of section 1491(b) of title 28, United States Code (as added by
subsection (b)), shall apply to--
(1) protests and civil actions that challenge final
selections of sources of performance of an activity or function
of a Federal agency that are made pursuant to studies initiated
under Office of Management and Budget Circular A-76 on or after
January 1, 2004; and
(2) any other protests and civil actions that relate to
public-private competitions initiated under Office of
Management and Budget Circular A-76 on or after the date of the
enactment of this Act.
SEC. 1108. REPORT ON HOW TO RECRUIT AND RETAIN INDIVIDUALS WITH FOREIGN
LANGUAGE SKILLS.
(a) Findings.--Congress makes the following findings:
(1) The Federal Government has a requirement to ensure that
the employees of its departments and agencies with national
security responsibilities are prepared to meet the challenges
of this evolving international environment.
(2) According to a 2002 General Accounting Office report,
Federal agencies have shortages in translators and interpreters
and an overall shortfall in the language proficiency levels
needed to carry out their missions which has adversely affected
agency operations and hindered United States military, law
enforcement, intelligence, counterterrorism, and diplomatic
efforts.
(3) Foreign language skills and area expertise are integral
to, or directly support, every foreign intelligence discipline
and are essential factors in national security readiness,
information superiority, and coalition peacekeeping or
warfighting missions.
(4) Communicating in languages other than English and
understanding and accepting cultural and societal differences
are vital to the success of peacetime and wartime military and
intelligence activities.
(5) Proficiency levels required for foreign language
support to national security functions have been raised, and
what was once considered proficiency is no longer the case. The
ability to comprehend and articulate technical and complex
information in foreign languages has become critical.
(6) According to the Joint Intelligence Committee Inquiry
into the 9/11 Terrorist Attacks, the Intelligence Community had
insufficient linguists prior to September 11, 2001, to handle
the challenge it faced in translating the volumes of foreign
language counterterrorism intelligence it collected. Agencies
within the Intelligence Community experienced backlogs in
material awaiting translation, a shortage of language
specialists and language-qualified field officers, and a
readiness level of only 30 percent in the most critical
terrorism-related languages that are used by terrorists.
(7) Because of this shortage, the Federal Government has
had to enter into private contracts to procure linguist and
translator services, including in some positions that would be
more appropriately filled by permanent Federal employees or
members of the United States Armed Forces.
(b) Report.--In its fiscal year 2006 budget request, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives and the Select Committee on
Intelligence of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives, a plan for expanding and
improving the national security foreign language workforce of the
Department of Defense as appropriate to improve recruitment and
retention to meet the requirements of the Department for its foreign
language workforce on a short-term basis and on a long-term basis.
SEC. 1109. PLAN ON IMPLEMENTATION AND UTILIZATION OF FLEXIBLE PERSONNEL
MANAGEMENT AUTHORITIES IN DEPARTMENT OF DEFENSE
LABORATORIES.
(a) Plan Required.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics and the Under Secretary of Defense for
Personnel and Readiness shall jointly develop a plan for the effective
utilization of the personnel management authorities referred to in
subsection (b) in order to increase the mission responsiveness,
efficiency, and effectiveness of Department of Defense laboratories.
(b) Covered Authorities.--The personnel management authorities
referred to in this subsection are the personnel management authorities
granted to the Secretary of Defense by the provisions of law as
follows:
(1) Section 342(b) of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2721),
as amended by section 1114 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into
law by Public Law 106-398 (114 Stat. 1654A-315)).
(2) Section 1101 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 5
U.S.C. 3104 note).
(3) Such other provisions of law as the Under Secretaries
jointly consider appropriate for purposes of this section.
(c) Plan Elements.--The plan under subsection (a) shall--
(1) include such elements as the Under Secretaries jointly
consider appropriate to provide for the effective utilization
of the personnel management authorities referred to in
subsection (b) as described in subsection (a), including the
recommendations of the Under Secretaries for such additional
authorities, including authorities for demonstration programs
or projects, as are necessary to achieve the effective
utilization of such personnel management authorities; and
(2) include procedures, including a schedule for review and
decisions, on proposals to modify current demonstration
programs or projects, or to initiate new demonstration programs
or projects, on flexible personnel management at Department
laboratories
(d) Submittal to Congress.--The Under Secretaries shall jointly
submit to Congress the plan under subsection (a) not later than
February 1, 2006.
SEC. 1110. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS PERFORMING
ACTIVE SERVICE IN THE UNIFORMED SERVICES OR NATIONAL
GUARD.
(a) Short Title.--This section may be cited as the ``Reservists Pay
Security Act of 2004''.
(b) In General.--Subchapter IV of chapter 55 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 5538. Nonreduction in pay while serving in the uniformed
services or National Guard
``(a) An employee who is absent from a position of employment with
the Federal Government in order to perform active duty in the uniformed
services pursuant to a call or order to active duty under a provision
of law referred to in section 101(a)(13)(B) of title 10 shall be
entitled, while serving on active duty, to receive, for each pay period
described in subsection (b), an amount equal to the amount by which--
``(1) the amount of basic pay which would otherwise have
been payable to such employee for such pay period if such
employee's civilian employment with the Government had not been
interrupted by that service, exceeds (if at all)
``(2) the amount of pay and allowances which (as determined
under subsection (d))--
``(A) is payable to such employee for that service;
and
``(B) is allocable to such pay period.
``(b)(1) Amounts under this section shall be payable with respect
to each pay period (which would otherwise apply if the employee's
civilian employment had not been interrupted)--
``(A) during which such employee is entitled to
reemployment rights under chapter 43 of title 38 with respect
to the position from which such employee is absent (as referred
to in subsection (a)); and
``(B) for which such employee does not otherwise receive
basic pay (including by taking any annual, military, or other
paid leave) to which such employee is entitled by virtue of
such employee's civilian employment with the Government.
``(2) For purposes of this section, the period during which an
employee is entitled to reemployment rights under chapter 43 of title
38--
``(A) shall be determined disregarding the provisions of
section 4312(d) of title 38; and
``(B) shall include any period of time specified in section
4312(e) of title 38 within which an employee may report or
apply for employment or reemployment following completion of
service on active duty to which called or ordered as described
in subsection (a).
``(c) Any amount payable under this section to an employee shall be
paid--
``(1) by such employee's employing agency;
``(2) from the appropriation or fund which would be used to
pay the employee if such employee were in a pay status; and
``(3) to the extent practicable, at the same time and in
the same manner as would basic pay if such employee's civilian
employment had not been interrupted.
``(d) The Office of Personnel Management shall, in consultation
with Secretary of Defense, prescribe any regulations necessary to carry
out the preceding provisions of this section.
``(e)(1) The head of each agency referred to in section
2302(a)(2)(C)(ii) shall, in consultation with the Office, prescribe
procedures to ensure that the rights under this section apply to the
employees of such agency.
``(2) The Administrator of the Federal Aviation Administration
shall, in consultation with the Office, prescribe procedures to ensure
that the rights under this section apply to the employees of that
agency.
``(f) For purposes of this section--
``(1) the terms `employee', `Federal Government', and
`uniformed services' have the same respective meanings as given
them in section 4303 of title 38;
``(2) the term `employing agency', as used with respect to
an employee entitled to any payments under this section, means
the agency or other entity of the Government (including an
agency referred to in section 2302(a)(2)(C)(ii)) with respect
to which such employee has reemployment rights under chapter 43
of title 38; and
``(3) the term `basic pay' includes any amount payable
under section 5304.''.
(c) Clerical Amendment.--The table of sections for chapter 55 of
title 5, United States Code, is amended by inserting after the item
relating to section 5537 the following:
``5538. Nonreduction in pay while serving in the uniformed services or
National Guard.''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply with respect to pay periods (as described in section
5538(b) of title 5, United States Code, as amended by this
section) beginning on or after the date of enactment of this
Act.
(2) Conditional retroactive application.--
(A) In general.--The amendments made by this
section shall apply with respect to pay periods (as
described in section 5538(b) of title 5, United States
Code, as amended by this section) beginning on or after
October 11, 2002 through the date of enactment of this
Act, subject to the availability of appropriations.
(B) Authorization of appropriations.--There are
authorized to be appropriated $100,000,000 for purposes
of subparagraph (A).
TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
SEC. 1201. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of CTR Programs.--For purposes of section 301 and
other provisions of this Act, Cooperative Threat Reduction programs are
the programs specified in section 1501(b) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2731; 50 U.S.C. 2362 note).
(b) Fiscal Year 2005 Cooperative Threat Reduction Funds Defined.--
As used in this title, the term ``fiscal year 2005 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs shall be available for obligation for three fiscal
years.
SEC. 1202. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $409,200,000 authorized
to be appropriated to the Department of Defense for fiscal year 2005 in
section 301(19) for Cooperative Threat Reduction programs, the
following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$58,522,000.
(2) For nuclear weapons storage security in Russia,
$48,672,000.
(3) For nuclear weapons transportation security in Russia,
$26,300,000.
(4) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$40,030,000.
(5) For chemical weapons destruction in Russia,
$158,400,000.
(6) For biological weapons proliferation prevention in the
former Soviet Union, $54,959,000.
(7) For defense and military contacts, $8,000,000.
(8) For activities designated as Other Assessments/
Administrative Support, $14,317,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2005 Cooperative Threat Reduction funds may
be obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (8) of subsection (a) until 30 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the
amount of funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2005 Cooperative Threat Reduction funds for
a purpose for which the obligation or expenditure of such funds is
specifically prohibited under this title or any other provision of law.
(c) Limited Authority To Vary Individual Amounts.--(1) Subject to
paragraphs (2) and (3), in any case in which the Secretary of Defense
determines that it is necessary to do so in the national interest, the
Secretary may obligate amounts appropriated for fiscal year 2005 for a
purpose listed in any of the paragraphs in subsection (a) in excess of
the specific amount authorized for that purpose.
(2) An obligation of funds for a purpose stated in any of the
paragraphs in subsection (a) in excess of the specific amount
authorized for such purpose may be made using the authority provided in
paragraph (1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for a purpose stated in any of
paragraphs (5) through (8) of subsection (a) in excess of 125 percent
of the specific amount authorized for such purpose.
SEC. 1203. MODIFICATION AND WAIVER OF LIMITATION ON USE OF FUNDS FOR
CHEMICAL WEAPONS DESTRUCTION FACILITIES IN RUSSIA.
(a) Modification of Limitation.--Section 1305 of the National
Defense Authorization Act for Fiscal Year 2000 (22 U.S.C. 5952 note) is
amended by striking ``or expended''.
(b) Waiver Authority.--The conditions described in section 1305 of
the National Defense Authorization Act for Fiscal Year 2000, as amended
by subsection (a), shall not apply to the obligation of funds during a
fiscal year for the planning, design, or construction of a chemical
weapons destruction facility in Russia if the President submits to
Congress a written certification with respect to such fiscal year that
includes--
(1) a statement as to why the waiver of the conditions
during the fiscal year covered by such certification is
consistent with the national security interests of the United
States; and
(2) a plan to promote a full and accurate disclosure by
Russia regarding the size, content, status, and location of its
chemical weapons stockpile.
SEC. 1204. INCLUSION OF DESCRIPTIVE SUMMARIES IN ANNUAL COOPERATIVE
THREAT REDUCTION REPORTS AND BUDGET JUSTIFICATION
MATERIALS.
Section 1307 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2165; 22 U.S.C.
5952 note) is amended--
(1) in subsection (a), by striking ``as part of the
Secretary's annual budget request to Congress'' in the matter
preceding paragraph (1) and inserting ``in the materials and
manner specified in subsection (c)''; and
(2) by adding at the end the following new subsection:
``(c) Inclusion in Certain Materials Submitted to Congress.--The
summary required to be submitted to Congress in a fiscal year under
subsection (a) shall be set forth by project category, and by amounts
specified in paragraphs (1) and (2) of that subsection in connection
with such project category, in each of the following:
``(1) The annual report on activities and assistance under
Cooperative Threat Reduction programs required in such fiscal
year under section 1308 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398).
``(2) The budget justification materials submitted to
Congress in support of the Department of Defense budget for the
fiscal year succeeding such fiscal year (as submitted with the
budget of the President under section 1105(a) of title 31,
United States Code).''.
TITLE XIII--MEDICAL READINESS TRACKING AND HEALTH SURVEILLANCE
SEC. 1301. ANNUAL MEDICAL READINESS PLAN AND JOINT MEDICAL READINESS
OVERSIGHT COMMITTEE.
(a) Requirement for Plan.--The Secretary of Defense shall develop a
comprehensive plan to improve medical readiness, and Department of
Defense tracking of the health status, of members of the Armed Forces
throughout their service in the Armed Forces, and to strengthen medical
readiness and tracking before, during, and after deployment of the
personnel overseas. The matters covered by the comprehensive plan shall
include all elements that are described in this title and the
amendments made by this title and shall comply with requirements in
law.
(b) Joint Medical Readiness Oversight Committee.--
(1) Establishment.--The Secretary of Defense shall
establish a Joint Medical Readiness Oversight Committee.
(2) Composition.--The members of the Committee are as
follows:
(A) The Under Secretary of Defense for Personnel
and Readiness, who shall chair the Committee.
(B) The Assistant Secretary of Defense for Health
Affairs.
(C) The Assistant Secretary of Defense for Reserve
Affairs.
(D) The Surgeons General of the Armed Forces.
(E) The Assistant Secretary of the Army for
Manpower and Reserve Affairs.
(F) The Assistant Secretary of the Navy for
Manpower and Reserve Affairs.
(G) The Assistant Secretary of the Air Force for
Manpower, Reserve Affairs, Installations, and
Environment.
(H) The Chief of the National Guard Bureau.
(I) The Chief of Army Reserve.
(J) The Chief of Naval Reserve.
(K) The Chief of Air Force Reserve.
(L) The Commander, Marine Corps Reserve.
(M) The Director of the Defense Manpower Data
Center.
(N) A representative of the Department of Veterans
Affairs designated by the Secretary of Veterans
Affairs.
(O) Representatives of veterans and military health
advocacy organizations appointed to the Committee by
the Secretary of Defense.
(P) An individual from civilian life who is
recognized as an expert on military health care
treatment, including research relating to such
treatment.
(3) Duties.--The duties of the Committee are as follows:
(A) To advise the Secretary of Defense on the
medical readiness and health status of the members of
the active and reserve components of the Armed Forces.
(B) To advise the Secretary of Defense on the
compliance of the Armed Forces with the medical
readiness tracking and health surveillance policies of
the Department of Defense.
(C) To oversee the development and implementation
of the comprehensive plan required by subsection (a)
and the actions required by this title and the
amendments made by this title, including with respect
to matters relating to--
(i) the health status of the members of the
reserve components of the Armed Forces;
(ii) accountability for medical readiness;
(iii) medical tracking and health
surveillance;
(iv) declassification of information on
environmental hazards;
(v) postdeployment health care for members
of the Armed Forces; and
(vi) compliance with Department of Defense
and other applicable policies on blood serum
repositories.
(D) To ensure unity and integration of efforts
across functional and organizational lines within the
Department of Defense with regard to medical readiness
tracking and health status surveillance of members of
the Armed Forces.
(E) To establish and monitor compliance with the
medical readiness standards that are applicable to
members and those that are applicable to units.
(F) To improve continuity of care in coordination
with the Secretary of Veterans Affairs, for members of
the Armed Forces separating from active service with
service-connected medical conditions.
(G) To prepare and submit to the Secretary of
Defense and to the Committees on Armed Services of the
Senate and the House of Representatives, not later than
February 1 of each year, a report on--
(i) the health status and medical readiness
of the members of the Armed Forces, including
the members of reserve components, based on the
comprehensive plan required under subsection
(a) and the actions required by this title and
the amendments made by this title; and
(ii) compliance with Department of Defense
policies on medical readiness tracking and
health surveillance.
(4) First meeting.--The first meeting of the Committee
shall be held not later than 90 days after the date of the
enactment of this Act.
SEC. 1302. MEDICAL READINESS OF RESERVES.
(a) Comptroller General Study of Health of Reserves Ordered to
Active Duty for Operations Enduring Freedom and Iraqi Freedom.--
(1) Requirement for study.--The Comptroller General of the
United States shall carry out a study of the health of the
members of the reserve components of the Armed Forces who have
been called or ordered to active duty for a period of more than
30 days in support of Operation Enduring Freedom and Operation
Iraqi Freedom. The Comptroller General shall commence the study
not later than 180 days after the date of the enactment of this
Act.
(2) Purposes.--The purposes of the study under this
subsection are as follows:
(A) To review the health status and medical fitness
of the activated Reserves when they were called or
ordered to active duty.
(B) To review the effects, if any, on logistics
planning and the deployment schedules for the
operations referred to in paragraph (1) that resulted
from deficiencies in the health or medical fitness of
activated Reserves.
(C) To review compliance of military personnel with
Department of Defense policies on medical and physical
fitness examinations and assessments that are
applicable to the reserve components of the Armed
Forces.
(3) Report.--The Comptroller General shall, not later than
one year after the date of the enactment of this Act, submit a
report on the results of the study under this subsection to the
Committees on Armed Services of the Senate and the House of
Representatives. The report shall include the following
matters:
(A) With respect to the matters reviewed under
subparagraph (A) of paragraph (2)--
(i) the percentage of activated Reserves
who were determined to be medically unfit for
deployment, together with an analysis of the
reasons why the member was unfit, including
medical illnesses or conditions most commonly
found among the activated Reserves that were
grounds for determinations of medical unfitness
for deployment; and
(ii) the percentage of the activated
Reserves who, before being deployed, needed
medical care for health conditions identified
when called or ordered to active duty, together
with an analysis of the types of care that were
provided for such conditions and the reasons
why such care was necessary.
(B) With respect to the matters reviewed under
subparagraph (B) of paragraph (2)--
(i) the delays and other disruptions in
deployment schedules that resulted from
deficiencies in the health status or medical
fitness of activated Reserves; and
(ii) an analysis of the extent to which it
was necessary to merge units or otherwise alter
the composition of units, and the extent to
which it was necessary to merge or otherwise
alter objectives, in order to compensate for
limitations on the deployability of activated
Reserves resulting from deficiencies in the
health status or medical fitness of activated
Reserves.
(C) With respect to the matters reviewed under
subparagraph (C) of paragraph (2), an assessment of the
extent of the compliance of reserve component personnel
with Department of Defense policies on routine medical
and physical fitness examinations that are applicable
to the reserve components of the Armed Forces.
(D) An analysis of the extent to which the medical
care, if any, provided to activated Reserves in each
theater of operations referred to in paragraph (1)
related to preexisting conditions that were not
adequately addressed before the deployment of such
personnel to the theater.
(4) Definitions.--In this subsection:
(A) The term ``activated Reserves'' means the
members of the Armed Forces referred to in paragraph
(1).
(B) The term ``active duty for a period of more
than 30 days'' has the meaning given such term in
section 101(d) of title 10, United States Code.
(C) The term ``health condition'' includes a mental
health condition and a dental condition.
(D) The term ``reserve components of the Armed
Forces'' means the reserve components listed in section
10101 of title 10, United States Code.
(b) Accountability for Individual and Unit Medical Readiness.--
(1) Policy.--The Secretary of Defense shall issue a policy
to ensure that individual members and commanders of reserve
component units fulfill their responsibilities for medical and
dental readiness of members of the units on the basis of--
(A) frequent periodic health assessment of members
(not less frequently than once every two years) using
the predeployment assessment procedure required under
section 1074f of title 10, United States Code, as the
minimum standard of medical readiness; and
(B) any other information on the health status of
the members that is available to the commanders.
(2) Review and followup care.--The regulations under this
subsection shall provide for review of the health assessments
under paragraph (1) by a medical professional and for any
followup care and treatment that is needed for medical or
dental readiness.
(3) Modification of predeployment health assessment
survey.--In meeting the policy under paragraph (1), the
Secretary shall--
(A) to the extent practicable, modify the
predeployment health assessment survey to bring such
survey into conformity with the detailed postdeployment
health assessment survey in use as of October 1, 2004;
and
(B) ensure the use of the predeployment health
assessment survey, as so modified, for predeployment
health assessments after that date.
(c) Uniform Policy on Deferral of Medical Treatment Pending
Deployment to Theaters of Operations.--
(1) Requirement for policy.--The Secretary of Defense shall
prescribe, for uniform applicability throughout the Armed
Forces, a policy on deferral of medical treatment of members
pending deployment.
(2) Content.--The policy prescribed under paragraph (1)
shall specify the following matters:
(A) The circumstances under which treatment for
medical conditions may be deferred to be provided
within a theater of operations in order to prevent
delay or other disruption of a deployment to that
theater.
(B) The circumstances under which medical
conditions are to be treated before deployment to that
theater.
SEC. 1303. BASELINE HEALTH DATA COLLECTION PROGRAM.
(a) Requirement for Program.--
(1) In general.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1092 the following
new section:
``Sec. 1092a. Persons entering the armed forces: baseline health data
``(a) Program Required.--The Secretary of Defense shall carry out a
program--
``(1) to collect baseline health data from all persons
entering the armed forces;
``(2) to provide for computerized compilation and
maintenance of the baseline health data; and
``(3) to analyze the data.
``(b) Purposes.--The program under this section shall be designed
to achieve the following purposes:
``(1) To facilitate understanding of how exposures related
to service in the armed forces affect health.
``(2) To facilitate development of early intervention and
prevention programs to protect health and readiness.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1092 the following new item:
``1092a. Persons entering the armed forces: baseline health data.''.
(3) Time for implementation.--The Secretary of Defense
shall implement the program required under section 1092a of
title 10, United States Code (as added by paragraph (1)), not
later than two years after the date of the enactment of this
Act.
(b) Interim Standards for Blood Sampling.--The Secretary of Defense
shall require under the medical tracking system administered under
section 1074f of title 10, United States Code, that--
(1) the blood samples necessary for the predeployment
medical examination of a member of the Armed Forces required
under subsection (b) of such section be drawn not earlier than
60 days before the date of the deployment; and
(2) the blood samples necessary for the postdeployment
medical examination of a member of the Armed Forces required
under such subsection be drawn not later than 30 days after the
date on which the deployment ends.
SEC. 1304. MEDICAL CARE AND TRACKING AND HEALTH SURVEILLANCE IN THE
THEATER OF OPERATIONS.
(a) Recordkeeping Policy.--The Secretary of Defense shall prescribe
a policy that requires the records of all medical care provided to a
member of the Armed Forces in a theater of operations to be maintained
as part of a complete health record for the member.
(b) In-Theater Medical Tracking and Health Surveillance.--
(1) Requirement for evaluation.--The Secretary of Defense
shall evaluate the system for the medical tracking and health
surveillance of members of the Armed Forces in theaters of
operations and take such actions as may be necessary to improve
the medical tracking and health surveillance.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit a
report on the actions taken under paragraph (1) to the
Committees on Armed Services of the Senate and the House of
Representatives. The report shall include the following
matters:
(A) An analysis of the strengths and weaknesses of
the medical tracking system administered under section
1074f of title 10, United States Code.
(B) An analysis of the efficacy of health
surveillance systems as a means of detecting--
(i) any health problems (including mental
health conditions) of members of the Armed
Forces contemporaneous with the performance of
the assessment under the system; and
(ii) exposures of the assessed members to
environmental hazards that potentially lead to
future health problems.
(C) An analysis of the strengths and weaknesses of
such medical tracking and surveillance systems as a
means for supporting future research on health issues.
(D) Recommended changes to such medical tracking
and health surveillance systems.
(E) A summary of scientific literature on blood
sampling procedures used for detecting and identifying
exposures to environmental hazards.
(F) An assessment of whether there is a need for
changes to regulations and standards for drawing blood
samples for effective tracking and health surveillance
of the medical conditions of personnel before
deployment, upon the end of a deployment, and for a
followup period of appropriate length.
(c) Plan To Obtain Health Care Records From Allies.--The Secretary
of Defense shall develop a plan for obtaining all records of medical
treatment provided to members of the Armed Forces by allies of the
United States in Operation Enduring Freedom and Operation Iraqi
Freedom. The plan shall specify the actions that are to be taken to
obtain all such records.
(d) Policy on In-Theater Personnel Locator Data.--Not later than
one year after the date of the enactment of this Act, the Secretary of
Defense shall prescribe a Department of Defense policy on the
collection and dissemination of in-theater individual personnel
location data.
SEC. 1305. DECLASSIFICATION OF INFORMATION ON EXPOSURES TO
ENVIRONMENTAL HAZARDS.
(a) Requirement for Review.--The Secretary of Defense shall review
and, as determined appropriate, revise the classification policies of
the Department of Defense with a view to facilitating the
declassification of data that is potentially useful for the monitoring
and assessment of the health of members of the Armed Forces who have
been exposed to environmental hazards during deployments overseas,
including the following data:
(1) In-theater injury rates.
(2) Data derived from environmental surveillance.
(3) Health tracking and surveillance data.
(b) Consultation With Commanders of Theater Combatant Commands.--
The Secretary shall, to the extent that the Secretary considers
appropriate, consult with the senior commanders of the in-theater
forces of the combatant commands in carrying out the review and
revising policies under subsection (a).
SEC. 1306. ENVIRONMENTAL HAZARDS.
(a) Report on Training of Field Medical Personnel.--
(1) Requirement for report.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the training on
environmental hazards that is provided by the Armed Forces to
medical personnel of the Armed Forces who are deployable to the
field in direct support of combat personnel.
(2) Content.--The report under paragraph (1) shall include
the following:
(A) An assessment of the adequacy of the training
regarding--
(i) the identification of common
environmental hazards and exposures to such
hazards; and
(ii) the prevention and treatment of
adverse health effects of such exposures.
(B) A discussion of the actions taken and to be
taken to improve such training.
(c) Report on Responses to Health Concerns of Members.--
(1) Requirement for report.--Not later than 180 days after
the date of the enactment of this Act, the Assistant Secretary
of Defense for Health Affairs shall submit to the Secretary of
Defense and the Committees on Armed Services of the Senate and
the House of Representatives a report on Department of Defense
responses to concerns expressed by members of the Armed Forces
during post-deployment health assessments about possibilities
that the members were exposed to environmental hazards
deleterious to the members' health during a deployment
overseas.
(2) Content.--The report regarding health concerns
submitted under paragraph (1) shall include the following:
(A) A discussion of the actions taken by Department
of Defense officials to investigate the circumstances
underlying such concerns in order to determine the
validity of the concerns.
(B) A discussion of the actions taken by Department
of Defense officials to evaluate or treat members and
former members of the Armed Forces who are confirmed to
have been exposed to environmental hazards deleterious
to their health during deployments of the Armed Forces.
SEC. 1307. POST-DEPLOYMENT MEDICAL CARE RESPONSIBILITIES OF
INSTALLATION COMMANDERS.
(a) Requirement for Regulations.--The Secretary of Defense shall
prescribe a policy that requires the commander of each military
installation at which members of the Armed Forces are to be processed
upon redeployment from an overseas deployment--
(1) to identify and analyze the anticipated health care
needs of such members before the arrival of such members at
that installation; and
(2) to report such needs to the Secretary.
(b) Health Care To Meet Needs.--The policy under this section shall
include procedures for the commander of each military installation
described in subsection (a) to meet the anticipated health care needs
that are identified by the commander in the performance of duties under
the regulations, including the following:
(1) Arrangements for health care provided by the Secretary
of Veterans Affairs.
(2) Procurement of services from local health care
providers.
(3) Temporary employment of health care personnel to
provide services at such installation.
SEC. 1308. FULL IMPLEMENTATION OF MEDICAL READINESS TRACKING AND HEALTH
SURVEILLANCE PROGRAM AND FORCE HEALTH PROTECTION AND
READINESS PROGRAM.
(a) Implementation at All Levels.--The Secretary of Defense, in
conjunction with the Secretaries of the military departments, shall
take such actions as are necessary to ensure that the Army, Navy, Air
Force, and Marine Corps fully implement at all levels--
(1) the Medical Readiness Tracking and Health Surveillance
Program under this title and the amendments made by this title;
and
(2) the Force Health Protection and Readiness Program of
the Department of Defense (relating to the prevention of injury
and illness and the reduction of disease and noncombat injury
threats).
(b) Action Official.--The Secretary of Defense may act through the
Under Secretary of Defense for Personnel and Readiness in carrying out
subsection (a).
SEC. 1309. OTHER MATTERS.
(a) Annual Reports.--
(1) Requirement for reports.--
(A) Chapter 55 of title 10, United States Code, is
amended by inserting after section 1073a the following
new section:
``Sec. 1073b. Recurring reports
``(a) Annual Report on Health Protection Quality.--(1) The
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives each year a report on
the Force Health Protection Quality Assurance Program of the Department
of Defense. The report shall include the following matters:
``(A) The results of an audit of the extent to which the
serum samples required to be obtained from members of the armed
forces before and after a deployment are stored in the serum
repository of the Department of Defense.
``(B) The results of an audit of the extent to which the
health assessments required for members of the armed forces
before and after a deployment are being maintained in the
electronic database of the Defense Medical Surveillance System.
``(C) An analysis of the actions taken by the Department of
Defense personnel to respond to health concerns expressed by
members of the armed forces upon return from a deployment.
``(D) An analysis of the actions taken by the Secretary to
evaluate or treat members and former members of the armed
forces who are confirmed to have been exposed to occupational
or environmental hazards deleterious to their health during a
deployment.
``(2) The Secretary of Defense shall act through the Assistant
Secretary of Defense for Health Affairs in carrying out this
subsection.
``(b) Annual Report on Recording of Health Assessment Data in
Military Personnel Records.--The Secretary of Defense shall issue each
year a report on the compliance by the military departments with
applicable policies on the recording of health assessment data in
military personnel records. The report shall include a discussion of
the extent to which immunization status and predeployment and
postdeployment health care data is being recorded in such records.''.
(B) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 1073a the following new item:
``1073b. Recurring reports.''.
(2) Initial report.--The first report under section
1073b(a) of title 10, United States Code (as added by paragraph
(1)), shall be completed not later than 180 days after the date
of the enactment of this Act.
(b) Internet Accessibility of Health Assessment Information for
Members of the Armed Forces.--Not later than one year after the date of
the enactment of this Act, the Chief Information Officer of each
military department shall ensure that the online portal website of that
military department includes the following information relating to
health assessments:
(1) Information on the Department of Defense policies
regarding predeployment and postdeployment health assessments,
including policies on the following matters:
(A) Health surveys.
(B) Physical examinations.
(C) Collection of blood samples and other tissue
samples.
(2) Procedural information on compliance with such
policies, including the following information:
(A) Information for determining whether a member is
in compliance.
(B) Information on how to comply.
(3) Health assessment surveys that are either--
(A) web-based; or
(B) accessible (with instructions) in
printer-ready form by download.
SEC. 1310. USE OF CIVILIAN EXPERTS AS CONSULTANTS.
Nothing in this title or an amendment made by this title shall be
construed to limit the authority of the Secretary of Defense to procure
the services of experts outside the Federal Government for performing
any function to comply with requirements for readiness tracking and
health surveillance of members of the Armed Forces that are applicable
to the Department of Defense.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2005''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Anniston Army Depot.. $23,690,000
Fort Rucker.......... $16,500,000
Alaska......................... Fort Richardson...... $24,300,000
Fort Wainwright...... $92,459,000
Arizona........................ Fort Huachuca........ $18,000,000
California..................... Fort Irwin........... $38,100,000
Sierra Army Depot.... $13,600,000
Colorado....................... Fort Carson.......... $63,158,000
Georgia........................ Fort Benning......... $71,777,000
Fort Gillem.......... $5,800,000
Fort McPherson....... $4,900,000
Fort Stewart/Hunter $65,495,000
Army Air Field......
Hawaii......................... Helemano Military $75,300,000
Reservation.
Hickam Air Field..... $11,200,000
Pohakuloa Training $40,000,000
Area.
Schofield Barracks... $162,792,000
Wheeler Army Air $24,000,000
Field.
Kansas......................... Fort Riley........... $59,550,000
Kentucky....................... Fort Campbell........ $92,000,000
Fort Knox............ $75,750,000
Louisiana...................... Fort Polk............ $70,953,000
Maryland....................... Aberdeen Proving $13,000,000
Ground.
Missouri....................... Fort Leonard Wood.... $28,150,000
New Mexico..................... White Sands Missile $33,000,000
Range.
New York....................... Fort Drum............ $7,950,000
Fort Hamilton........ $7,600,000
Military Entrance $6,200,000
Processing Station,
Buffalo.
United States $60,000,000
Military Academy,
West Point.
North Carolina................. Fort Bragg........... $101,687,000
Oklahoma....................... Fort Sill............ $14,400,000
Pennsylvania................... Letterkenny Depot.... $11,400,000
Texas.......................... Fort Bliss........... $20,100,000
Fort Hood............ $78,088,000
Fort Sam Houston..... $11,400,000
Virginia....................... Fort A.P. Hill....... $14,775,000
Fort Myer............ $49,526,000
Washington..................... Fort Lewis........... $57,200,000
-----------------
Total............ $1,563,800,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Grafenwoehr............ $77,200,000
Italy.......................... Livorno................ $26,000,000
Korea.......................... Camp Humphreys......... $12,000,000
---------------
Total.................. $115,200,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations or locations, for the purposes, and in
the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Fort Richardson............ 92 Units................... $42,000,000
Fort Wainwright............ 246 Units.................. $124,000,000
Arizona................................. Fort Huachuca.............. 205 Units.................. $41,000,000
Yuma Proving Grounds....... 55 Units................... $14,900,000
Kansas.................................. Fort Riley................. 126 Units.................. $33,000,000
New Mexico.............................. White Sands Missile Range.. 156 Units.................. $31,000,000
Oklahoma................................ Fort Sill.................. 247 Units.................. $47,000,000
Virginia................................ Fort Lee................... 218 Units.................. $46,000,000
Fort Monroe................ 68 Units................... $16,000,000
-------------
Total.................. $394,900,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(5)(A), the
Secretary of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $29,209,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(a)(5)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $211,990,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2004, for military
construction, land acquisition, and military family housing functions
of the Department of the Army in the total amount of $3,507,891,000, as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $1,534,500,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $115,200,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$20,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $154,335,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $636,099,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $928,907,000.
(6) For the construction of phase 3 of a barracks complex
renewal, Capron Road, Schofield Barracks, Hawaii, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2003 (division B of Public Law 107-314; 116
Stat. 2681), $48,000,000.
(7) For the construction of phase 3 of a maintenance
complex at Fort Sill, Oklahoma, authorized by section 2101(a)
of the Military Construction Authorization Act for Fiscal Year
2003 (division B of Public Law 107-314; 116 Stat. 2681), as
amended by section 2106 of this Act, $13,100,000.
(8) For the construction of phase 2 of a barracks complex,
5th and 16th Street, at Fort Stewart/Hunter Army Air Field,
Georgia, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2004 (division B
of Public Law 108-136; 117 Stat. 1697), as amended by section
2105 of this Act, $32,950,000.
(9) For the construction of phase 2 of the Lewis and Clark
instructional facility, at Fort Leavenworth, Kansas, authorized
by section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1697), $44,000,000.
(10) For the construction of phase 2 of a barracks complex
at Wheeler Sack Army Air Field, Fort Drum, New York, authorized
by section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1697), as amended by section 2105 of this Act,
$48,000,000.
(11) For the construction of phase 2 of a barracks complex,
Bastogne Drive, at Fort Bragg, North Carolina, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1697), $48,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a);
(2) $41,000,000 (the balance of the amount authorized under
section 2101(a) for an upgrade to Drum Road at the Helemano
Military Reservation, Hawaii);
(3) $25,000,000 (the balance of the amount authorized under
section 2101(a) to construct a vehicle maintenance facility at
Schofield Barracks, Hawaii);
(4) $25,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex, 42nd
Street and Indiana Avenue, at Fort Campbell, Kentucky);
(5) $22,000,000 (the balance of the amount authorized under
section 2101(a) for the construction of a basic combat training
complex at Fort Knox, Kentucky);
(6) $31,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex,
Blackjack Street, Fort Bragg, North Carolina); and
(7) $25,500,000 (the balance of the amount authorized under
section 2101(a) for construction of a library and learning
center at the United States Military Academy, New York).
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2004 PROJECTS.
The table in section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public Law 108-
136; 117 Stat. 1697) is amended--
(1) in the item relating to Fort Stewart, Georgia, by
striking ``$113,500,000'' in the amount column and inserting
``$114,450,000'';
(2) in the item relating to Fort Drum, New York, by
striking ``$130,700,000'' in the amount column and inserting
``$135,700,000''; and
(3) by striking the amount identified as the total in the
amount column and inserting ``$1,043,150,000''.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2003 PROJECT.
The table in section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public Law 107-
314; 116 Stat. 2681), as amended by section 2105(a)(2) of the Military
Construction Authorization Act for Fiscal Year 2004 (division B of
Public Law 108-136; 117 Stat. 1701), is further amended--
(1) in the item relating to Fort Sill, Oklahoma, by
striking ``$39,652,000'' in the amount column and inserting
``$40,752,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,157,267,000''.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................ Marine Corps Air $26,670,000
Station, Yuma.
California..................... Marine Corps Base, $38,455,000
Camp Pendleton.
Naval Air Facility, El $54,331,000
Centro.
Recruit Depot, San $8,110,000
Diego.
Connecticut.................... Naval Submarine Base, $50,302,000
New London.
District of Columbia........... Naval Observatory, $3,239,000
Washington.
Florida........................ Eglin Air Force Base.. $2,060,000
Naval Station, Mayport $6,200,000
Georgia........................ Strategic Weapons $16,000,000
Facility Atlantic,
Kings Bay............
Illinois....................... Naval Training $74,781,000
Station, Great Lakes.
Maine.......................... Naval Air Station, $4,690,000
Brunswick............
Portsmouth Naval $7,860,000
Station..............
Maryland....................... Naval Surface Warfare $13,900,000
Center, Indian Head..
Mississippi.................... Naval Construction $4,350,000
Battalion Center,
Gulfport.............
Nevada......................... Naval Air Station, $4,980,000
Fallon...............
North Carolina................. Marine Corps Air $35,140,000
Station, New River...
Marine Corps Base, $13,420,000
Camp Lejeune.........
Washington County..... $136,900,000
Rhode Island................... Naval Station Newport. $9,080,000
South Carolina................. Naval Weapons Station, $18,140,000
Charleston.
Virginia....................... Camp Elmore Marine $13,500,000
Corps Detachment.
Marine Corps Base, $46,270,000
Quantico.............
Naval Air Station, $2,770,000
Oceana...............
Naval Amphibious Base, $2,850,000
Little Creek.
Naval Station, Norfolk $4,330,000
Naval Weapons Station, $9,870,000
Yorktown.............
Washington..................... Naval Shipyard Puget $20,305,000
Sound, Bremerton.
Naval Station, $74,125,000
Bremerton.
Strategic Weapons $131,090,000
Facility Pacific,
Bangor...............
----------------
Total............. $833,718,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Diego Garcia................... Naval Support Facility, $17,500,000
Diego Garcia..........
Guam........................... Naval Station, Guam.... $33,200,000
Italy.......................... Sigonella.............. $22,550,000
---------------
Total.............. $73,250,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2204(a)(3), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations, and in the
amount, set forth in the following table:
Navy: Unspecified Worldwide
------------------------------------------------------------------------
Installation or
Location location Amount
------------------------------------------------------------------------
Worldwide Unspecified.......... Unspecified Worldwide.. $52,658,000
---------------
Total.............. $52,658,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a)(6)(A), the Secretary of the Navy may
construct or acquire family housing units (including land acquisition
and supporting facilities) at the installations or locations, for the
purposes, and in the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location Purpose Amount
----------------------------------------------------------------------------------------------------------------
North Carolina.......................... Marine Corps Air Station, 198 Units.................. $27,002,000
Cherry Point..............
-------------
Total.................. $27,002,000
----------------------------------------------------------------------------------------------------------------
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a)(6)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $112,105,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2004, for military
construction, land acquisition, and military family housing functions
of the Department of the Navy in the total amount of $1,843,716,000, as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $694,338,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $73,250,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2201(c), $18,560,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$12,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $87,067,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $139,107,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $704,504,000.
(7) For the construction of phase 2 of the tertiary sewage
treatment plant at Marine Corps Base, Camp Pendleton,
California, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2004 (division B
of Public Law 108-136; 117 Stat. 1703), $25,690,000.
(8) For the construction of phase 2 of the general purpose
berthing pier at Naval Weapons Station, Earle, New Jersey,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2004, $49,200,000.
(9) For the construction of phase 2 of pier 11 replacement
at Naval Station, Norfolk, Virginia, authorized by section
2201(a) of the Military Construction Authorization Act for
Fiscal Year 2004, $40,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a);
(2) $21,000,000 (the balance of the amount authorized under
section 2201(a) for the replacement of an aircraft parking
apron and hangar at Naval Air Facility El Centro, California);
(3) $70,000,000 (the balance of the amount authorized under
section 2201(a) to acquire land interests for an outlying
landing field in Washington County, North Carolina);
(4) $95,320,000 (the balance of the amount authorized under
section 2201(a) for construction of a limited area production
and storage complex at the Strategic Weapons Facility Pacific,
Bangor, Washington); and
(5) $40,000,000 (the balance of the amount authorized under
section 2201(a) for the construction of a bachelor enlisted
quarters at Naval Station Bremerton, Washington).
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2004 PROJECTS.
The table in section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public Law 108-
136; 117 Stat. 1703) is amended--
(1) in the item relating to Various Locations, CONUS, by
striking ``$56,360,000'' in the amount column and inserting
``$61,510,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,341,022,000''.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alaska......................... Elmendorf Air Force $54,057,000
Base.
Arizona........................ Davis-Monthan Air Force $10,029,000
Base.
Luke Air Force Base.... $10,000,000
Arkansas....................... Little Rock Air Force $5,031,000
Base.
California..................... Beale Air Force Base... $10,186,000
Edwards Air Force Base. $9,965,000
Travis Air Force Base.. $15,244,000
Colorado....................... Buckley Air Force Base. $12,247,000
Delaware....................... Dover Air Force Base... $9,500,000
Florida........................ Patrick Air Force Base. $8,800,000
Georgia........................ Moody Air Force Base... $9,600,000
Robins Air Force Base.. $15,000,000
Hawaii......................... Hickam Air Force Base.. $34,400,000
Maui Site.............. $7,500,000
Louisiana...................... Barksdale Air Force $13,800,000
Base.
Maryland....................... Andrews Air Force Base. $17,100,000
Mississippi.................... Columbus Air Force Base $7,700,000
Montana........................ Malmstrom Air Force $5,600,000
Base.
Nebraska....................... Offut Air Force Base... $6,721,000
New Mexico..................... Cannon Air Force Base.. $9,500,000
North Carolina................. Pope Air Force Base.... $15,150,000
North Dakota................... Minot Air Force Base... $9,900,000
Ohio........................... Wright-Patterson Air $9,200,000
Force Base.
Oklahoma....................... Altus Air Force Base... $10,500,000
Tinker Air Force Base.. $8,000,000
South Carolina................. Shaw Air Force Base.... $3,300,000
South Dakota................... Ellsworth Air Force $11,800,000
Base.
Tennessee...................... Arnold Air Force Base.. $22,000,000
Texas.......................... Dyess Air Force Base... $11,000,000
Lackland Air Force Base $2,596,000
Sheppard Air Force Base $50,284,000
Utah........................... Hill Air Force Base.... $20,813,000
Wyoming........................ F.E. Warren Air Force $5,500,000
Base.
---------------
Total.................. $452,023,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Ramstein Air Base...... $25,404,000
Greenland...................... Thule Air Base......... $19,800,000
Guam........................... Andersen Air Base...... $19,593,000
Italy.......................... Aviano Air Base........ $6,760,000
Korea.......................... Kunsan Air Base........ $37,100,000
Osan Air Base.......... $18,600,000
Portugal....................... Lajes Field, Azores.... $5,689,000
United Kingdom................. Royal Air Force, $5,500,000
Lakenheath.
---------------
Total.............. $138,446,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(3), the Secretary
of the Air Force may acquire real property and carry out military
construction projects for the installations and locations, and in the
amounts, set forth in the following table:
Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Installation or
Location location Amount
------------------------------------------------------------------------
Worldwide Classified........... Worldwide Unspecified $28,794,000
Classified.
Worldwide Unspecified.......... Worldwide Unspecified.. $26,121,000
---------------
Total.............. $54,915,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2304(6)(A),
the Secretary of the Air Force may construct or acquire family housing
units (including land acquisition and supporting facilities) at the
installations or locations, for the purposes, and in the amounts set
forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona................................. Davis-Monthan Air Force 250 Units.................. $48,500,000
Base......................
California.............................. Edwards Air Force Base..... 218 Units.................. $41,202,000
Vandenberg Air Force Base.. 120 Units.................. $30,906,000
Florida................................. MacDill Air Force Base..... 61 Units................... $21,723,000
MacDill Air Force Base..... Housing Maintenance $1,250,000
Facility.
Idaho................................... Mountain Home Air Force 147 Units.................. $39,333,000
Base......................
Mississippi............................. Columbus Air Force Base.... Family Housing Management $711,000
Facility..................
Missouri................................ Whiteman Air Force Base.... 160 Units.................. $37,087,000
Montana................................. Malmstrom Air Force Base... 115 Units.................. $29,910,000
North Carolina.......................... Seymour Johnson Air Force 167 Units.................. $32,693,000
Base......................
North Dakota............................ Grand Forks Air Force Base. 90 Units................... $26,169,000
Minot Air Force Base....... 142 Units.................. $37,087,000
South Carolina.......................... Charleston Air Force Base.. Fire Station............... $1,976,000
South Dakota............................ Ellsworth Air Force Base... 75 Units................... $21,482,000
Texas................................... Dyess Air Force Base....... 127 Units.................. $28,664,000
Goodfellow Air Force Base.. 127 Units.................. $20,604,000
Germany................................. Ramstein Air Base.......... 144 Units.................. $57,691,000
Italy................................... Aviano Air Base............ Family Housing Office...... $2,542,000
Korea................................... Osan Air Base.............. 117 Units.................. $46,834,000
United Kingdom.......................... Royal Air Force, Lakenheath 154 Units.................. $43,976,000
-------------
Total.................. $570,340,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(6)(A), the
Secretary of the Air Force may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $38,266,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, Unites States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(6)(A), the Secretary of the Air Force may improve existing
military family housing units in an amount not to exceed $238,353,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriation.--Funds are hereby authorized to
be appropriated for fiscal years beginning after September 30, 2004,
for military construction, land acquisition, and military family
housing functions of the Department of the Air Force in the total
amount of $2,485,542,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $452,023,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $138,446,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2301(c), $54,915,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $13,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $124,085,000.
(6) For military housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $846,959,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $856,114,000.
(b) Offset for Certain Military Construction Project.--The amount
authorized to be appropriated by section 421 for military personnel is
hereby reduced by $5,500,000, with the amount of the reduction to be
derived from excess amounts authorized for military personnel of the
Air Force.
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2404(a)(1), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Intelligence Agency.... Bolling Air Force Base, $6,000,000
District of Columbia..
Defense Logistics Agency....... Defense Distribution $22,300,000
Depot, New Cumberland,
Pennsylvania..........
Defense Distribution $10,100,000
Depot, Richmond,
Virginia..............
Defense Fuel Support $3,589,000
Point, Naval Air
Station Oceana,
Virginia..............
Marine Corps Air $22,700,000
Station, Cherry Point,
North Carolina........
Naval Air Station, $3,900,000
Kingsville, Texas.....
Naval Station, Pearl $3,500,000
Harbor, Hawaii........
Tinker Air Force Base, $5,400,000
Oklahoma..............
Travis Air Force Base, $15,100,000
California............
Missile Defense Agency......... Huntsville, Alabama.... $19,560,000
National Security Agency....... Fort Meade, Maryland... $15,007,000
Special Operations Command..... Corona, California..... $13,600,000
Fleet Combat Training $5,700,000
Center, Dam Neck,
Virginia..............
Fort A.P. Hill, $1,500,000
Virginia..............
Fort Bragg, North $42,888,000
Carolina..............
Fort Campbell, Kentucky $3,500,000
Fort Stewart/Hunter $17,600,000
Army Air Field,
Georgia...............
Naval Air Station, $1,000,000
North Island,
California............
Naval Amphibious Base, $33,200,000
Little Creek, Virginia
Stennis Center, $6,000,000
Mississippi...........
Tri-Care Management Activity... Buckley Air Force Base, $2,100,000
Colorado..............
Fort Belvoir, Virginia. $100,000,000
Fort Benning, Georgia.. $7,100,000
Jacksonville, Florida.. $28,438,000
Langley Air Force Base, $50,800,000
Virginia..............
Marine Corps Recruit $25,000,000
Depot, Parris Island,
South Carolina........
---------------
Total.............. $465,582,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2404(a)(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Education Agency....... Grafenwoehr, Germany... $36,247,000
Vilseck, Germany....... $9,011,000
Naval Station, Guam.... $26,964,000
Defense Logistics Agency....... Defense Fuel Support $19,113,000
Point, Lajes Field,
Portugal..............
Special Operations Command..... Naval Station, Guam, $2,200,000
Marianas Islands......
Tri-Care Management Activity... Diego Garcia........... $3,800,000
Grafenwoehr, Germany... $13,000,000
---------------
Total.............. $110,335,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the amounts appropriated pursuant
to the authorization of appropriations in section 2404(a)(3), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations, and in the
amounts, set forth in the following table:
Defense Agencies: Unspecified Worldwide
------------------------------------------------------------------------
Installation or
Location location Amount
------------------------------------------------------------------------
Worldwide Classified........... Worldwide Unspecified $7,400,000
Classified............
Worldwide Unspecified.......... Worldwide Unspecified.. $2,900,000
---------------
Total.............. $10,300,000
------------------------------------------------------------------------
SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2404(a)(9)(A), the Secretary of Defense may improve existing
military family housing units in an amount not to exceed $49,000.
SEC. 2403. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2404(a)(7), the Secretary of Defense may
carry out energy conservation projects under section 2865 of title 10,
United States Code, in the amount of $60,000,000.
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2004, for military
construction, land acquisition, and military family housing functions
of the Department of Defense (other than the military departments) in
the total amount of $1,062,463,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $408,582,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $110,335,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2401(c), $10,300,000.
(4) For unspecified minor military construction projects
under section 2805 of title 10, United States Code,
$20,938,000.
(5) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$10,000,000.
(6) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $62,182,000.
(7) For energy conservation projects authorized by section
2404, $60,000,000.
(8) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $246,116,000.
(9) For military family housing functions:
(A) For improvement of military family housing and
facilities, $49,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $49,575,000.
(C) For credit to the Department of Defense Family
Housing Improvement Fund established by section
2883(a)(1) of title 10, United States Code, $2,500,000.
(10) For the construction of phase 6 of a munitions
demilitarization facility at Pueblo Chemical Activity,
Colorado, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division B
of Public Law 104-201; 110 Stat. 2775), as amended by section
2406 of the Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106-65; 113 Stat. 839) and
section 2407 of the Military Construction Authorization Act for
Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat.
2698), $44,792,000.
(11) For the construction of phase 5 of a munitions
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act of 2002 (division B of
Public Law 107-107; 115 Stat. 1298) and section 2405 of the
Military Construction Authorization Act for Fiscal Year 2003
(division B of Public Law 107-314; 116 Stat. 2698),
$37,094,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a); and
(2) $57,000,000 (the balance of the amount authorized under
section 2401(a) for the replacement of a hospital at Fort
Belvoir, Virginia).
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2004, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment program authorized by
section 2501, in the amount of $165,800,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years beginning
after September 30, 2004, for the costs of acquisition, architectural
and engineering services, and construction of facilities for the Guard
and Reserve Forces, and for contributions therefor, under chapter 1803
of title 10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United
States, $361,072,000; and
(B) for the Army Reserve, $63,047,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $25,285,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $214,418,000; and
(B) for the Air Force Reserve, $99,206,000.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2007; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2008.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations of
appropriations therefor) for which appropriated funds have been
obligated before the later of--
(1) October 1, 2007; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2008 for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2002
PROJECTS.
(a) Extension of Certain Projects.--Notwithstanding section 2701 of
the National Defense Authorization Act for Fiscal Year 2001 (division B
of Public Law 107-107; 115 Stat. 1301), authorizations set forth in the
tables in subsection (b), as provided in section 2101 or 2302 of that
Act, shall remain in effect until October 1, 2005, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2006, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Army: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................ Fort Wainwright.......... Power Plant Cooling Tower.... $23,000,000
Hawaii................................ Pohakuloa Training Area.. Parker Ranch Land Acquisition $1,500,000
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Colorado.............................. Buckley Air Force Base... Construct Family Housing (55 $11,400,000
Units)......................
Louisiana............................. Barksdale Air Force Base. Replace Family Housing (56 $7,300,000
Units)......................
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2001
PROJECT.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2001 (division B of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat. 1654A-407)),
authorizations set forth in the table in subsection (b), as provided in
section 2102 of that Act and extended by section 2702 of the Military
Construction Authorization Act for Fiscal Year 2004 (division B of
Public Law 108-136; 117 Stat. 1716), shall remain in effect until
October 1, 2005, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2006, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
South Carolina........................ Fort Jackson............. New Construction-Family $250,000
Housing (1 Unit)............
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this Act shall take
effect on the later of--
(1) October 1, 2004; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. INCREASE IN THRESHOLDS FOR UNSPECIFIED MINOR MILITARY
CONSTRUCTION PROJECTS.
(a) Increase.--Section 2805(a)(1) of title 10, United States Code,
is amended--
(1) by striking ``$1,500,000'' and inserting
``$2,500,000''; and
(2) by striking ``$3,000,000'' and inserting
``$4,000,000''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2004.
SEC. 2802. MODIFICATION OF APPROVAL AND NOTICE REQUIREMENTS FOR
FACILITY REPAIR PROJECTS.
(a) Increase in Threshold for Approval Requirement.--Subsection (b)
of section 2811 of title 10, United States Code, is amended by striking
``$5,000,000'' and inserting ``$7,500,000''.
(b) Information Required in Cost Estimate for Multi-Year
Projects.--Subsection (d)(1) of such section is amended by inserting
before the semicolon the following: ``, including, in the case of a
multi-year repair project to a single facility, the total cost of all
phases of such project''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2004.
SEC. 2803. ADDITIONAL REPORTING REQUIREMENTS RELATING TO ALTERNATIVE
AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY
HOUSING.
(a) Project Reports.--Paragraph (2) of subsection (a) of section
2884 of title 10, United States Code, is amended to read as follows:
``(2) The report on a proposed contract, conveyance, or lease under
paragraph (1) shall include the following:
``(A) A description of the contract, conveyance, or lease,
including a summary of the terms of the contract, conveyance,
or lease.
``(B) A description of the authorities to be utilized in
entering into the contract, conveyance, or lease and the
intended method of participation of the United States in the
contract, conveyance, or lease (including a justification of
the intended method of participation).
``(C) A statement of the scored cost of the contract,
conveyance, or lease (as determined by the Office of Management
and Budget).
``(D) A statement of the United States funds required for
the contract, conveyance, or lease and a description of the
source of such funds.
``(E) An economic assessment of the life cycle costs of the
contract, conveyance, or lease, including an estimate of the
amount of United States funds that would be paid over the life
of the contract, conveyance, or lease from amounts derived from
payments of government allowances (including basic allowance
for housing under section 403 of title 37) if the housing
affected by the project were fully occupied by military
personnel over the life of the contract, conveyance, or
lease.''.
(b) Annual Reports.--Subsection (b) of such section is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5) A report setting forth--
``(A) an estimate of the amounts of basic allowance
for housing under section 403 of title 37 that will be
paid during the fiscal year in which the budget is
submitted to members of the armed forces living in
housing provided under the authorities in this
subchapter during such fiscal year, set forth by armed
force; and
``(B) an estimate of the amounts of basic allowance
for housing that will be paid during the fiscal year
for which the budget is submitted to members of the
armed forces living in such housing during such fiscal
year, set forth by armed force.''.
SEC. 2804. MODIFICATION OF AUTHORITIES UNDER ALTERNATIVE AUTHORITY FOR
ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING.
(a) Requirements for Contracts for Leasing of Housing.--Section
2874 of title 10, United States Code, is amended by striking subsection
(b) and inserting the following new subsection (b):
``(b) Contract Terms.--Any contract for the lease of housing units
under subsection (a) shall include the following provisions:
``(1) That the obligation of the United States to make
payments under such contract in any fiscal year shall be
subject to appropriations being available for such fiscal year
and specifically for the project covered by such contract.
``(2) A commitment to obligate the necessary amount for a
fiscal year covered by such contract when and to the extent
that funds are appropriated for the project covered by such
contract.
``(3) That the commitment described in paragraph (2) does
not constitute an obligation of the United States.''.
(b) Investments Subject to Availability of Appropriations.--Section
2875(a) of such title is amended by inserting ``, subject to the
availability of appropriations for such purpose,'' after ``may''.
(c) Repeal of Certain Authorities.--
(1) Rental guarantees.--Section 2876 of such title is
repealed.
(2) Differential lease payments.--Section 2877 of such
title is repealed.
(3) Assignment of members of the armed forces to housing
units.--Section 2882 of such title is repealed.
(d) Increase in Amount of Budget Authority for Military Family
Housing.--Section 2883(g)(1) of such title is amended by striking
``$850,000,000'' and inserting ``$850,000,001''.
(e) Clerical Amendments.--The table of sections at the beginning of
subchapter IV of chapter 169 of such title is amended by striking the
items relating to sections 2876, 2877, and 2882.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. RECODIFICATION AND CONSOLIDATION OF CERTAIN AUTHORITIES AND
LIMITATIONS RELATING TO REAL PROPERTY ADMINISTRATION.
(a) Certain Provisions on Land Acquisition.--
(1) Recodification.--Section 2661 of title 10, United
States Code, is amended by adding at the end the following new
subsections:
``(c) Commissions on Land Purchase Contracts.--The maximum amount
payable as a commission on a contract for the purchase of land from
funds appropriated for the Department of Defense is 2 percent of the
purchase price.
``(d) Availability of Funds for Acquisition of Certain Interests in
Lands.--Appropriations available to the Department of Defense for
operation and maintenance or construction may be used for the
following:
``(1) The acquisition of land or interests in land under
section 2672 of this title.
``(2) The acquisition of interests in land under section
2675 of this title.''.
(2) Stylistic amendments.--Such section is further
amended--
(A) in subsection (a), by inserting ``Availability
of Funds for Repair of Facilities and for Installation
of Equipment.--'' after ``(a)''; and
(B) in subsection (b), by inserting ``Leases;
Defense Access Roads.--'' after ``(b)''.
(b) Certain Provisions on Use of Facilities.--Section 2679 of such
title is amended to read as follows:
``Sec. 2679. Use of facilities: use by private organizations; use as
polling places
``(a) Use of Space and Equipment by Veterans Service
Organizations.--(1) Upon certification to the Secretary concerned by
the Secretary of Veterans Affairs, the Secretary concerned shall allow
accredited, paid, full-time representatives of the organizations named
in section 5902 of title 38, or of other organizations recognized by
the Secretary of Veterans Affairs, to function on military
installations under the jurisdiction of the Secretary concerned that
are on land and from which persons are discharged or released from
active duty.
``(2) The commanding officer of a military installation allowing
representatives to function on the installation under paragraph (1)
shall allow the representatives to use available space and equipment at
the installation.
``(3) The regulations prescribed to carry out section 2679 of title
10, United States Code (as in effect on the day before the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2005), that are in effect on January 1, 1958, shall remain in effect
until changed by joint action of the Secretary concerned and the
Secretary of Veterans Affairs.
``(4) This subsection does not authorize the violation of measures
of military security.
``(b) Licenses to American National Red Cross for Erection and Use
of Buildings.--(1) Under such conditions as the Secretary concerned may
prescribe, such Secretary may issue a revocable license to the American
National Red Cross to--
``(A) erect and maintain, on any military installation
under the jurisdiction of such Secretary, buildings for the
storage of supplies; or
``(B) use, for the storage of supplies, buildings erected
by the United States.
``(2) Supplies stored in buildings erected or used under this
subsection are available to aid the civilian population in a serious
national disaster.
``(c) Use of Certain Facilities as Polling Places.--(1)
Notwithstanding chapter 29 of title 18 (including sections 592 and 593
of such title) or any other provision of law, the Secretary of Defense
or Secretary of a military department may not (except as provided in
paragraph (3)) prohibit the designation or use of a qualifying facility
under the jurisdiction of such Secretary as an official polling place
for Federal, State, or local elections.
``(2) A Department of Defense facility is a qualifying facility for
purposes of this subsection if as of December 31, 2000--
``(A) the facility is designated as an official polling
place by a State or local election official; or
``(B) the facility has been used as such an official
polling place since January 1, 1996.
``(3) The limitation in paragraph (1) may be waived by the
Secretary of Defense or the Secretary of a military department with
respect to a particular Department of Defense facility if such
Secretary determines that local security conditions require prohibition
of the designation or use of that facility as an official polling place
for any election.''.
(c) Repeal of Superseded Provisions.--Sections 2666, 2670, and 2673
of such title are repealed.
(d) Clerical Amendments.--The table of sections for chapter 159 of
such title is amended--
(1) by striking the items relating to sections 2666, 2670,
and 2673; and
(2) by striking the item relating to section 2679 and
inserting the following new item:
``Sec. 2679. Use of facilities: use by private organizations; use as
polling places.''.
SEC. 2812. MODIFICATION AND ENHANCEMENT OF AUTHORITIES ON FACILITIES
FOR RESERVE COMPONENTS.
(a) Interests in Land.--
(1) Definition of term.--Section 18232 of title 10, United
States Code, is amended--
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as paragraph
(4); and
(C) by inserting after paragraph (1) the following
new paragraphs:
``(2) The term `facility' includes any armory, readiness
center, building, structure, or other improvement of real
property needed for the administration and training of any unit
of the reserve components of the armed forces.
``(3) The term `interest in land' includes a fee title,
lease, easement, license, permit, or agreement on use of a
parcel of real property needed for the administration and
training of any unit of the reserve components of the armed
forces.''.
(2) Utilization of term.--(A) Section 18231(1) of such
title is amended by inserting before the semicolon the
following: ``, and the acquisition of interests in land for
such purposes''.
(B) Section 18233 of such title is amended--
(i) in subsection (a), by inserting ``or interests
in land'' after ``facilities'' each place it appears;
and
(ii) in subsection (f)(2), by striking ``real
property'' and inserting ``interests in land''.
(C) Section 18233a(a)(1) of such title is amended by
inserting ``or interest in land'' after ``facility''.
(b) Modification and Enhancement of Acquisition Authority.--Section
18233 of such title is further amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``and to'' and inserting ``chapters 159 and
169 of this title, and''; and
(B) in paragraph (1), by striking ``transfer,'' and
inserting ``transfer from a military department,
another department or agency of the Federal Government,
or a State agency,''; and
(2) in subsection (f)(2), by striking ``exchange of
Government-owned land, or otherwise'' and inserting ``or
exchange of Government-owned land''.
(c) Authority To Carry Out Small Projects.--
(1) Modification of limitation on authority.--Section
18233a(a) of such title is further amended--
(A) in paragraph (1), by striking ``$1,500,000''
and inserting ``$750,000''; and
(B) in paragraph (2), by adding at the end the
following new subparagraph:
``(D) A repair project (as that term is defined in section
2811(e) of this title) costing less than $10,000,000.''.
(2) Recodification of authority to carry out with operation
and maintenance funds.--Chapter 1803 of title 10, United States
Code, is amended by inserting after section 18233a the
following new section:
``Sec. 18233b. Authority to carry out small projects with operation and
maintenance funds
``Under such regulations as the Secretary of Defense may prescribe,
the Secretary may spend, from appropriations available for operation
and maintenance, amounts necessary to carry out any project authorized
under section 18233(a) of this title costing not more than--
``(1) the amount specified in section 2805(c)(1)(A) of this
title, in the case of a project intended solely to correct a
deficiency that is life-threatening, health-threatening, or
safety-threatening; or
``(2) the amount specified in section 2805(c)(1)(B) of this
title, in the case of any other project.''.
(3) Repeal of superseded authority.--Section 18233a of such
title is amended by striking subsection (b).
(4) Conforming amendments.--Section 18233a of such title is
further amended--
(A) by striking ``(1) Except as provided in
paragraph (2)'' and inserting ``Except as provided in
subsection (b)''; and
(B) by redesignating paragraph (2) as subsection
(b) and in that subsection, as so redesignated--
(i) by striking ``Paragraph (1)'' and
inserting ``Subsection (a)'';
(ii) by redesignating subparagraphs (A),
(B), (C), and (D) as paragraphs (1), (2), (3),
and (4), respectively; and
(iii) in paragraph (2), as so
redesignated--
(I) by redesignating clauses (i)
and (ii) as subparagraphs (A) and (B),
respectively; and
(II) in subparagraph (B), as so
redesignated, by striking ``(I) 25
percent, or (II)'' and inserting ``(i)
25 percent, or (ii)''.
(5) Clerical amendments.--(A) The heading of section 18233a
of such title is amended to read as follows:
``Sec. 18233a. Limitation on certain projects''.
(B) The table of sections at the beginning of chapter 1803
of such title is amended by striking the item relating to
section 18233a and inserting the following new items:
``18233a. Limitation on certain projects.
``18233b. Authority to carry out small projects with operation and
maintenance funds.''.
SEC. 2813. AUTHORITY TO EXCHANGE OR SELL RESERVE COMPONENT FACILITIES
AND LANDS TO OBTAIN NEW RESERVE COMPONENT FACILITIES AND
LANDS.
(a) In General.--The Secretary of Defense may authorize each
Secretary of a military department to carry out projects to assess the
feasibility and advisability of obtaining new facilities and lands for
the reserve components of such department through the exchange or sale
of existing facilities or lands of such reserve components.
(b) Transactions Authorized.--Pursuant to the authority under
subsection (a), the Secretary of a military department may carry out
any transaction as follows:
(1) An exchange of an existing facility or existing
interest in land of a reserve component of such department for
a new facility, an interest in land, or an addition to an
existing facility for the reserve component.
(2) A sale of an existing facility or existing interest in
land of a reserve component of such department with the
proceeds of sale used to acquire a new facility, an interest in
land, or an addition to an existing facility for the reserve
component.
(3) A combination of an exchange and sale of an existing
facility, interest in land, or both of a reserve component of
such department with the use of the exchange allowance and
proceeds of sale to acquire a facility, an interest in land, or
an addition to an existing facility for the reserve component.
(c) Facilities and Lands Subject to Transaction.--A facility or
interest in land of a reserve component that may be exchanged or sold
pursuant to the authority under subsection (a) is any facility or
interest in land under the control of the military department concerned
that is not excess property, as that term is defined in section 102(3)
of title 40, United States Code.
(d) Fair Market Value To Be Obtained in Transaction.--In any
exchange or sale of an existing facility pursuant to the authority
under subsection (a), the United States shall receive cash, a
replacement facility or addition to an existing facility, an interest
in land, or a combination thereof of in an amount not less than the
fair market value of the existing facility, as determined by the
Secretary of the military department concerned.
(e) Requirements for Replacement Facilities.--(1) A facility
obtained as a replacement facility for an existing facility, or as an
addition to an existing facility, pursuant to the authority under
subsection (a) shall, as determined by the Secretary of the military
department concerned--
(A) be complete and usable, fully functional, and ready for
occupancy, and satisfy fully all operational requirements of
the existing facility; and
(B) meet all applicable Federal, State, and local
requirements relating to health, safety, fire, and the
environment.
(2) A facility obtained as a replacement facility for an existing
facility, or as an addition to an existing facility, pursuant to the
authority under subsection (a) shall meet the requirements specified in
subparagraphs (A) and (B) of paragraph (1) before the conclusion of the
exchange or sale of the existing facility concerned.
(f) Agreement Required.--The Secretary of a military department
shall carry out each transaction pursuant to the authority under
subsection (a) through an agreement for that purpose entered into by
such Secretary and the person or entity carrying out the transaction.
(g) Selection Among Competing Participants.--(1) If more than one
person or entity notifies the Secretary of a military department of an
interest in carrying out a transaction pursuant to the authority under
subsection (a), the Secretary shall, except as provided in paragraph
(2), select the person or entity to carry out the transaction through
the use of competitive procedures.
(2) The Secretary of a military department may use procedures other
than competitive procedures to select among persons and entities to
carry out a transaction pursuant to the authority under subsection (a),
but only in accordance with subsections (c) through (f) of section 2304
of title 10, United States Code.
(h) Notice and Wait Requirement.--(1) The Secretary of a military
department may not enter into an agreement pursuant to the authority
under subsection (a) until 30 days after the date on which such
Secretary submits to the congressional defense committees a report on
the agreement.
(2) A report on an agreement under paragraph (1) shall include the
following:
(A) A description of terms of the agreement, including a
description of any funds to be received by the United States
under the agreement and the proposed use of such funds.
(B) A description of the existing facility, interest in
land, or both of a reserve component covered by the agreement,
including the fair market value of such facility, interest in
land, or both and the method of determination of such fair
market value.
(C) Data on the facility or addition to an existing
facility, if any, to be received by the United States under the
agreement, which data shall meet requirements for data to be
provided Congress for military construction projects to obtain
a similar facility or addition to an existing facility.
(D) A certification that the existing facility, interest in
land, or both of a reserve component covered by the agreement
is not required by another military department.
(3) Section 2662 of title 10, United States Code, shall not apply
to any transaction carried out pursuant to the authority under
subsection (a).
(i) Treatment of Funds Received in Transactions.--(1) The Secretary
of a military department shall deposit in a special account in the
Treasury established for such purpose pursuant to section 572(b) of
title 40, United States Code, any amounts received pursuant to an
agreement entered into by such Secretary pursuant to the authority
under subsection (a).
(2) Amounts deposited by the Secretary of a military department
under paragraph (1) in the account established by such Secretary under
that paragraph with respect to an agreement shall be available to such
Secretary, without further appropriation, as follows:
(A) For the construction or acquisition of facilities, or
of additions to existing facilities, for the reserve component
concerned at the location to which such agreement applies.
(B) To the extent that such amounts are not required for
purposes of subparagraph (A), for maintenance, protection,
alteration, repair, improvement, or restoration (including
environmental restoration) of facilities or property of the
reserve component concerned at the location to which such
agreement applies.
(3) Amounts available under paragraph (2) shall remain available
until expended.
(j) Sole Authority for Exchanges of Facilities and Lands.--Except
as otherwise specifically authorized by law, during the period of the
authority under subsection (a), the authority under that subsection to
exchange facilities or interests in land of the reserve components to
obtain facilities, interests in land, or additions to facilities for
the reserve components is the sole authority available in law for that
purpose.
(k) Construction With Other Military Construction Laws.--
Transactions pursuant to the authority under subsection (a) shall not
be treated as military construction projects requiring an authorization
in law as otherwise required by section 2802 of title 10, United States
Code.
(l) Report.--Not later than March 1, 2007, the Secretary of Defense
shall submit to the congressional defense committees a report on the
exercise of the authority under subsection (a). The report shall
include the following:
(1) A description of the projects carried out under the
authority.
(2) A description of the analysis and criteria used to
identify existing facilities and interests in land to be
exchanged or sold under the authority.
(3) An assessment of the utility to the Department of
Defense of the authority, including recommendations for
modifications of such authority in order to enhance the utility
of such authority for the Department.
(4) An assessment of interest in future exchanges or sales
in the event the authority is extended.
(5) An assessment of the advisability of making the
authority, including any modifications of the authority
recommended under paragraph (3), permanent.
(m) Definitions.--In this section:
(1) The term ``facility'' includes an armory, readiness
center, or other structure, and storage or other facilities,
normally needed for the administration and training of a unit
of a reserve component.
(2) The terms ``armory'' and ``readiness center'' have the
meanings given such terms in section 18232(3) of title 10,
United States Code.
(n) Expiration Date.--No transaction may be commenced pursuant to
the authority under subsection (a) after September 30, 2006.
SEC. 2814. REPEAL OF AUTHORITY OF SECRETARY OF DEFENSE TO RECOMMEND
THAT INSTALLATIONS BE PLACED IN INACTIVE STATUS DURING
2005 ROUND OF DEFENSE BASE CLOSURE AND REALIGNMENT.
Section 2914 of the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
is amended by striking subsection (c).
Subtitle C--Land Conveyances
SEC. 2821. TRANSFER OF ADMINISTRATIVE JURISDICTION, DEFENSE SUPPLY
CENTER, COLUMBUS, OHIO.
(a) Transfer Authorized.--The Secretary of the Army may transfer,
without reimbursement, to the Secretary of Veterans Affairs
administrative jurisdiction of a parcel of real property consisting of
approximately 20 acres and comprising a portion of the Defense Supply
Center in Columbus, Ohio.
(b) Use of Property.--The Secretary of Veterans Affairs may only
use the property transferred under subsection (a) as the site for the
construction of a new outpatient clinic for the provision of medical
services to veterans.
(c) Costs.--Any administrative costs in connection with the
transfer of property under subsection (a), including the costs of the
survey required by subsection (e), shall be borne by the Secretary of
Veterans Affairs.
(d) Return of Jurisdiction to Army.--If at any time the Secretary
of the Army determines that the property transferred under subsection
(a) is not being utilized for the outpatient clinic described in
subsection (b), then, at the election of the Secretary of the Army, the
Secretary of Veterans Affairs shall return to the Secretary of the Army
administrative jurisdiction of the property.
(e) Exemption From Federal Screening.--The conveyance under
subsection (a) is exempt from the requirement to screen the property
for other Federal use pursuant to section 2693 of title 10, United
States Code.
(f) Description of Property.--The exact acreage and legal
description of the real property to be transferred under subsection (a)
shall be determined by a survey satisfactory to the Secretary of the
Army.
(g) Additional Terms and Conditions.--The Secretary of the Army may
require such additional terms and conditions in connection with the
transfer under subsection (a) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2822. LAND CONVEYANCE, BROWNING ARMY RESERVE CENTER, UTAH.
(a) Conveyance Authorized.--(1) The Secretary of the Army may
convey, without consideration, to the State of Utah (in this section
referred to as the ``State'') all right, title, and interest of the
United States in and to a parcel of unimproved real property consisting
of approximately 10 acres and located at the Browning Army Reserve
Center, Utah.
(2) The purpose of the conveyance is to permit the Department of
Veterans Affairs of the State of Utah to construct and operate a
facility for the provision of nursing care for veterans.
(b) Payment of Costs of Conveyance.--(1) The Secretary may require
the State to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, and other administrative costs
related to the conveyance. If amounts paid to the Secretary in advance
exceed the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to the State.
(2) Amounts received under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by the
Secretary. Amounts so credited shall be merged with amounts in such
fund or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such fund
or account.
(c) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2823. LAND EXCHANGE, ARLINGTON COUNTY, VIRGINIA.
(a) Exchange Authorized.--(1) The Secretary of Defense may convey
to Arlington County, Virginia (in this section referred to as the
``County''), all right, title, and interest of the United States in and
to a parcel of real property, together with any improvements thereon,
consisting of not more than 4.5 acres and located along the western
boundary of the Navy Annex property, Virginia, for the purpose of the
construction of a freedmen heritage museum and an Arlington history
museum.
(2) The size of the parcel of real property conveyed under
paragraph (1) shall be such that the acreage of the parcel shall be
equivalent to the acreage of the parcel of real property conveyed under
subsection (b). The Secretary shall determine the acreage of the
parcels, and such determination shall be final.
(b) Consideration.--As consideration for the conveyance of property
under subsection (a), the County shall convey to the United States all
right, title, and interest of the County in and to a parcel of real
property, together with any improvements thereon, consisting of not
more than 4.5 acres and known as the Southgate Road right-of-way
between Arlington National Cemetery, Virginia, and the Navy Annex
property.
(c) Description of Property.--The exact acreage and legal
description of the parcels of real property to be conveyed under this
section shall be determined by surveys satisfactory to the Secretary.
(d) Payment of Costs of Conveyances.--(1) The Secretary may require
the County to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyances under subsections (a) and (b), including survey
costs, costs related to environmental documentation, and other
administrative costs related to the conveyances. If amounts are
collected from the County in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to the County.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyances. Amounts so
credited shall be merged with amounts in such fund or account, and
shall be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(e) Reversionary Interest.--(1) If at any time the Secretary
determines that the property conveyed to the County under subsection
(a) is not being used for the purposes stated in that subsection, then,
at the option of the Secretary, all right, title, and interest in and
to the property, including any improvements thereon, shall revert to
the United States, and the United States shall have the right of
immediate entry onto the property.
(2) If the Secretary exercises the reversionary interest provided
for in paragraph (1), the Secretary shall pay the County, from amounts
available to the Secretary for military construction for the Defense
Agencies, an amount equal to the fair market value of the property
covered by the reversionary interest, as determined by the Secretary.
(f) Exemption From Federal Screening.--The conveyance under
subsection (a) is exempt from the requirement to screen the property
for other Federal use pursuant to sections 2693 and 2696 of title 10,
United States Code.
(g) Inclusion of Southgate Road Right-of-Way Property in Transfer
of Navy Annex Property for Arlington National Cemetery.--Subsection (a)
of section 2881 of the Military Construction Authorization Act for
Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 879) is
amended by striking ``three parcels of real property consisting of
approximately 36 acres'' and inserting ``four parcels of real property
consisting of approximately 40 acres''.
(h) Termination of Reservation of Certain Navy Annex Property for
Memorials or Museums.--Subsection (b) of such section, as amended by
section 2863(f) of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1332) and
section 2851(a)(1) of the Military Construction Authorization Act for
Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2726), is
further amended--
(1) by striking ``(1) Subject to paragraph (2), the
Secretary'' and inserting ``The Secretary''; and
(2) by striking paragraph (2).
(i) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyances
under this section as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2824. LAND CONVEYANCE, HAMPTON, VIRGINIA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Hampton City School Board, Hampton,
Virginia (in this section referred to as the ``Board''), all right,
title, and interest of the United States in and to a parcel of real
property, including any improvements thereon, that consists of
approximately 29.8 acres, is located on Downey Farm Road in Hampton,
Virginia, and is known as the Butler Farm United States Army Reserve
Center in order to permit the Board to utilize the property for public
education purposes.
(b) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the Board accept the real
property described in subsection (a) in its condition at the time of
the conveyance, commonly known as conveyance ``as is''.
(c) Payment of Costs of Conveyance.--(1) The Secretary may require
the Board to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, and other administrative costs
related to the conveyance. If amounts are collected from the Board in
advance of the Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the Secretary to carry
out the conveyance, the Secretary shall refund the excess amount to the
Board.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and
shall be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(d) Exemption From Federal Screening.--The conveyance authorized by
subsection (a) is exempt from the requirement to screen the property
for other Federal use pursuant to section 2693 and 2696 of title 10,
United States Code.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2825. LAND CONVEYANCE, SEATTLE, WASHINGTON.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the State of Washington (in this section
referred to as the ``State'') all right, title, and interest of the
United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 9.747 acres in
Seattle, Washington, and comprising a portion of the National Guard
Facility, Pier 91, for the purpose of permitting the State to convey
the facility unencumbered for economic development purposes.
(b) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the State accept the real
property in its condition at the time of the conveyance, commonly known
as conveyance ``as is''.
(c) Administrative Expenses.--(1) The State shall reimburse the
Secretary for the administrative expenses incurred by the Secretary in
carrying out the conveyance under subsection (a), including expenses
related to surveys and legal descriptions, boundary monumentation,
environmental surveys, necessary documentation, travel, and deed
preparation.
(2) Section 2695(c) of title 10, United States Code, shall apply to
any amounts received by the Secretary as reimbursement under this
subsection.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary. The cost of
the survey shall be borne by the United States, subject to the
requirement for reimbursement under subsection (c).
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2826. TRANSFER OF JURISDICTION, NEBRASKA AVENUE NAVAL COMPLEX,
DISTRICT OF COLUMBIA.
(a) Transfer Required.--The Secretary of the Navy shall transfer to
the administrative jurisdiction of the Administrator of General
Services the parcel of Department of the Navy real property in the
District of Columbia known as the Nebraska Avenue Complex for the
purpose of permitting the Administrator to use the Complex to
accommodate the Department of Homeland Security. The Complex shall be
transferred in its existing condition.
(b) Authority To Retain Military Family Housing.--The Secretary of
the Navy may retain administrative jurisdiction over the portion of the
Complex that the Secretary considers to be necessary for continued use
as Navy family housing.
(c) Time for Transfer.--The transfer of administrative jurisdiction
over the Complex to the Administrator under subsection (c) shall be
completed not later than January 1, 2005.
(d) Relocation of Navy Activities.--As part of the transfer of the
Complex under this section, the Secretary of the Navy shall relocate
Department of the Navy activities at the Complex to other locations.
(e) Payment of Relocation Costs.--Subject to the availability of
appropriations for this purpose, the Secretary of Homeland Security
shall be responsible for the payment of--
(1) all reasonable costs, including costs to move
furnishings and equipment, related to the relocation of
Department of the Navy activities from the Complex under
subsection (d);
(2) all reasonable costs, including rent, incident to the
occupancy by such activities of interim leased space; and
(3) all reasonable costs incident to the acquisition of
permanent facilities for Department of the Navy activities
relocated from the Complex.
(f) Submission of Cost Estimates.--As soon as practicable after the
date of the enactment of this Act, but not later than January 1, 2005,
the Secretary of the Navy shall submit to the congressional defense
committees an initial estimate of the amounts that will be necessary to
cover the costs to permanently relocate Department of the Navy
activities from the Complex. The Secretary shall include in the
estimate anticipated land acquisition and facility construction costs.
The Secretary shall revise the estimate as necessary whenever
information regarding the actual costs for the relocation is obtained.
(g) Certification of Relocation Costs.--At the end of the three-
year period beginning on the date of the transfer of the Complex under
subsection (a), the Secretary of the Navy shall submit to Congress
written notice--
(1) specifying the total amount expended under subsection
(e) to cover the costs of relocating Department of the Navy
activities from the Complex;
(2) specifying the total amount expended to acquire
permanent facilities for Department of the Navy activities
relocated from the Complex; and
(3) certifying whether the amounts paid are sufficient to
complete all relocation actions.
SEC. 2827. LAND CONVEYANCE, HONOLULU, HAWAII.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration but subject to the conditions specified in
subsection (b), to the City and County of Honolulu, Hawaii, all right,
title, and interest of the United States in and to a parcel of real
property, including improvements thereon, consisting of approximately
5.16 acres located at 890 Valkenberg Avenue, Honolulu, Hawaii, and
currently used by the City and County of Honolulu as the site of a fire
station and firefighting training facility. The purpose of the
conveyance is to enhance the capability of the City and County of
Honolulu to provide fire protection and firefighting services to the
civilian and military properties in the area and to provide a location
for firefighting training for civilian and military personnel.
(b) Conditions of Conveyance.--The conveyance under subsection (a)
shall be subject to the following conditions:
(1) That the City and County of Honolulu accept the real
property in its condition at the time of the conveyance,
commonly known as conveyance ``as is''.
(2) That the City and County of Honolulu make the
firefighting training facility available to the fire protection
and firefighting units of the military departments for training
not less than 2 days per week on terms satisfactory to the
Secretary.
(c) Payment of Costs of Conveyance.--(1) The Secretary shall
require the City and County of Honolulu to cover costs to be incurred
by the Secretary, or to reimburse the Secretary for costs incurred by
the Secretary, to carry out the conveyance under subsection (a),
including survey costs, costs related to environmental documentation,
and other administrative costs related to the conveyance. If amounts
are collected from the City and County of Honolulu in advance of the
Secretary incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount, without
interest, to the City and County of Honolulu.
(2) Amounts received under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by the
Secretary in carrying out the conveyance. Amounts so credited shall be
merged with amounts in such fund or account, and shall be available for
the same purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2828. LAND CONVEYANCE, PORTSMOUTH, VIRGINIA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration, to the City of Portsmouth, Virginia (in this
section referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 0.49 acres located at
517 King Street, Portsmouth, Virginia, and known as the ``Navy YMCA
Building'', for economic revitalization purposes.
(b) Conditions of Conveyance.--The conveyance under subsection (a)
shall be subject to the following conditions:
(1) That the City accept the real property described in
subsection (a) in its condition at the time of the conveyance,
commonly known as conveyance ``as is''.
(2) That the City bear all costs related to the
environmental remediation, use, and redevelopment of the real
property.
(c) Payment of Costs of Conveyance.--(1) The Secretary may require
the City to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, and other administrative costs
related to the conveyance. If amounts paid to the Secretary in advance
exceed the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to the City.
(2) Amounts received under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by the
Secretary. Amounts so credited shall be merged with amounts in such
fund or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such fund
or account.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2829. LAND CONVEYANCE, FORMER GRIFFISS AIR FORCE BASE, NEW YORK.
(a) Conveyance Authorized.--(1) The Secretary of the Air Force may
convey to the Oneida County Industrial Development Agency, New York,
the local reuse authority for the former Griffiss Air Force Base (in
this section referred to as the ``Authority''), all right, title and
interest of the United States in and to a parcel of real property
consisting of 9.639 acres and including four buildings described in
paragraph (2) that were vacated by the Air Force in conjunction with
its relocation to the Consolidated Intelligence and Reconnaissance
Laboratory at Air Force Research Laboratory--Rome Research Site, Rome,
New York.
(2) The buildings described in this paragraph are the buildings
located on the real property referred in paragraph (1) as follows:
(A) Building 240 (117,323 square feet).
(B) Building 247 (13,199 square feet).
(C) Building 248 (4,000 square feet).
(D) Building 302 (20,577 square feet).
(3) The purpose of the conveyance under this subsection is to
permit the Authority to develop the parcel and structures conveyed for
economic purposes in a manner consistent with the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note).
(b) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the Authority accept the real
property in its condition at the time of the conveyance, commonly known
as conveyance ``as is''.
(c) Consideration.--As consideration for the conveyance of property
under subsection (a), the Authority shall pay the United States an
amount equal to the fair market of value, as determined by the
Secretary.
(d) Treatment of Proceeds.--Any consideration received under
subsection (c) shall be deposited in the Department of Defense Base
Closure Account 1990 established by section 2906 of the Defense Base
Closure and Realignment Act of 1990, and shall be available for use in
accordance with subsection (b) of such section.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Authority.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2830. LAND EXCHANGE, MAXWELL AIR FORCE BASE, ALABAMA.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey to the City of Montgomery, Alabama (in this section referred to
as the ``City''), all right, title, and interest of the United States
in and to a parcel of real property, including any improvements
thereon, consisting of approximately 28 acres and including all of the
Maxwell Heights Housing site and located at Maxwell Air Force Base,
Alabama.
(b) Consideration.--(1) As consideration for the conveyance of
property under subsection (a), the City shall convey to the United
States all right, title, and interest of the City to a parcel of real
property, including any improvements thereon, consisting of
approximately 35 acres and designated as project AL 6-4, that is owned
by the City and is contiguous to Maxwell Air Force Base, for the
purpose of allowing the Secretary to incorporate such property into a
project for the acquisition or improvement of military housing under
subchapter IV of chapter 169 of title 10, United States Code. The
Secretary shall have administrative jurisdiction over the real property
received under this subsection.
(2) If the fair market value of the real property received under
paragraph (1) is less than the fair market value of the real property
conveyed under subsection (a) (as determined pursuant to an appraisal
acceptable to the Secretary), the Secretary may require the City to
provide, pursuant to negotiations between the Secretary and the City,
in-kind consideration the value of which when added to the fair market
value of the property conveyed under subsection (b) equals the fair
market value of the property conveyed under subsection (a).
(c) Payment of Costs of Conveyance.--(1) The Secretary may require
the City to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyances under subsections (a) and (b), including survey
costs, costs related to environmental documentation, and other
administrative costs related to the conveyances. If amounts are
collected from the City in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to the City.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyances. Amounts so
credited shall be merged with amounts in such fund or account, and
shall be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsections (a) and
(b) shall be determined by surveys satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyances
under subsections (a) and (b) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2831. LAND EXCHANGE, NAVAL AIR STATION, PATUXENT RIVER, MARYLAND.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the State of Maryland (in this section referred to as ``State''), all
right, title, and interest of the United States in and to a parcel of
real property, including improvements thereon, consisting of
approximately five acres at Naval Air Station, Patuxent River,
Maryland, and containing the Point Lookout Lighthouse, other structures
related to the lighthouse, and an archaeological site pertaining to the
military hospital that was located on the property during the Civil
War. The conveyance shall include artifacts pertaining to the military
hospital recovered by the Navy and held at the installation.
(b) Property Received in Exchange.--As consideration for the
conveyance of the real property under subsection (a), the State shall
convey to the United States a parcel of real property consisting of
approximately five acres located in Point Lookout State Park, St.
Mary's County, Maryland.
(c) Payment of Costs of Conveyance.--(1) The Secretary may require
the State to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, relocation expenses incurred
under subsection (b), and other administrative costs related to the
conveyance. If amounts are collected from the State in advance of the
Secretary incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to State.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and
shall be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the properties to be conveyed under this section shall
be determined by surveys satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyances
under this section as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2832. LAND CONVEYANCE, MARCH AIR FORCE BASE, CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey to the March Joint Powers Authority (in this section referred to
as the ``MJPA'') all right, title, and interest of the United States in
and to a parcel of real property, including any improvements thereon,
consisting of approximately 15 acres located in Riverside County,
California, and containing the former Defense Reutilization and
Marketing Office facility for March Air Force Base, which is also known
as Parcel A-6, for the purpose of economic development and
revitalization.
(b) Consideration.--(1) As consideration for the conveyance of
property under subsection (a), the MJPA shall pay the United States an
amount equal to the fair market value, as determined by the Secretary,
of the property to be conveyed under such subsection.
(2) The consideration received under this subsection shall be
deposited in the special account in the Treasury established under
section 572(b) of title 40, United States Code, and available in
accordance with the provisions of paragraph (5)(B)(ii).
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the MJPA.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2833. LAND CONVEYANCE, SUNFLOWER ARMY AMMUNITION PLANT, KANSAS.
(a) Conveyance Authorized.--The Secretary of the Army, in
consultation with the Administrator of General Services, may convey to
an entity selected by the Board of Commissioners of Johnson County,
Kansas (in this section referred to as the ``entity'' and the
``Board'', respectively), all right, title, and interest of the United
States in and to a parcel of real property, including any improvements
thereon, consisting of approximately 9,065 acres and containing the
Sunflower Army Ammunition Plant. The purpose of the conveyance is to
facilitate the re-use of the property for economic development and
revitalization.
(b) Consideration.--(1) As consideration for the conveyance under
subsection (a), the entity shall provide the United States, whether by
cash payment, in-kind contribution, or a combination thereof, an amount
that is not less than the fair market value, as determined by an
appraisal of the property acceptable to the Administrator and the
Secretary. The Secretary may authorize the entity to carry out, as in-
kind consideration, environmental remediation activities for the
property conveyed under such subsection.
(2) The Secretary shall deposit any cash received as consideration
under this subsection in a special account established pursuant to
section 572(b) of title 40, United States Code, to pay for
environmental remediation and explosives cleanup of the property
conveyed under subsection (a).
(c) Construction With Previous Land Conveyance Authority on
Sunflower Army Ammunition Plant.--The authority in subsection (a) to
make the conveyance described in that subsection is in addition to the
authority under section 2823 of the Military Construction Authorization
Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat.
2712) to make the conveyance described in that section.
(d) Environmental Remediation and Explosives Cleanup.--(1)
Notwithstanding any other provision of law, the Secretary may enter
into a multi-year cooperative agreement or contract with the entity to
undertake environmental remediation and explosives cleanup of the
property, and may utilize amounts authorized to be appropriated for the
Secretary for purposes of environmental remediation and explosives
cleanup under the agreement.
(2) The terms of the cooperative agreement or contract may provide
for advance payments on an annual basis or for payments on a
performance basis. Payments may be made over a period of time agreed to
by the Secretary and the entity or for such time as may be necessary to
perform the environmental remediation and explosives cleanup of the
property, including any long-term operation and maintenance
requirements.
(e) Payment of Costs of Conveyance.--(1) The Secretary may require
the entity or other persons to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection (a), including
survey costs, costs related to environmental, and other administrative
costs related to the conveyance.
(2) Amounts received under paragraph (1) shall be credited to the
appropriation, fund, or account from which the costs were paid. Amounts
so credited shall be merged with funds in such appropriation, fund, or
account, and shall be available for the same purposes, and subject to
the same limitations, as the funds with which merged.
(f) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey jointly satisfactory to the Secretary
and the Administrator.
(g) Additional Terms and Conditions.--The Secretary and the
Administrator may require such additional terms and conditions in
connection with the conveyance of real property under subsection (a),
and the environmental remediation and explosives cleanup under
subsection (d), as the Secretary and the Administrator jointly consider
appropriate to protect the interests of the United States.
SEC. 2834. LAND CONVEYANCE, NAVAL WEAPONS STATION, CHARLESTON, SOUTH
CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the Berkeley County Sanitation Authority, South Carolina (in this
section referred to as the ``Authority''), all right, title, and
interest of the United States in and to a parcel of real property,
including any improvements thereon, consisting of not more than 38
acres and comprising a portion of the Naval Weapons Station,
Charleston, South Carolina, for the purpose of allowing the Authority
to expand an existing sewage treatment plant.
(b) Consideration.--As consideration for the conveyance of property
under subsection (a), the Authority shall provide the United States,
whether by cash payment, in-kind services, or a combination thereof, an
amount that is not less than the fair market value, as determined by an
appraisal acceptable to the Secretary, of the property conveyed under
such subsection.
(c) Payment of Costs of Conveyance.--(1) The Secretary may require
the Authority to cover costs incurred by the Secretary, or to reimburse
the Secretary for costs incurred by the Secretary, to carry out the
conveyance under subsection (a), including appraisal costs, survey
costs, costs related to compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and environmental
remediation, and other administrative costs related to the conveyance.
If the amounts are collected from the Authority in advance of the
Secretary incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to the
Authority.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and
shall be made available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary. The cost of
the survey shall be borne by the Authority.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2835. LAND CONVEYANCE, LOUISIANA ARMY AMMUNITION PLANT, DOYLINE,
LOUISIANA.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
the State of Louisiana (in this section referred to as the ``State'')
all right, title, and interest of the United States in and to a parcel
of real property, including any improvements thereon, consisting of
approximately 14,949 acres located at the Louisiana Army Ammunition
Plant, Doyline, Louisiana.
(b) Consideration.--As consideration for the conveyance of property
under subsection (a), the State shall--
(1) maintain at least 13,500 acres of such property for the
purpose of military training, unless the Secretary determines
that fewer acres are required for such purpose;
(2) ensure that any other uses that are made of the
property conveyed under subsection (a) do not adversely impact
military training;
(3) accommodate the use of such property, at no cost or
fee, for meeting the present and future training needs of Armed
Forces units, including units of the Louisiana National Guard
and the other active and reserve components of the Armed
Forces;
(4) assume, starting on the date that is five years after
the date of the conveyance of such property, responsibility for
any monitoring, sampling, or reporting requirements that are
associated with the environmental restoration activities of the
Army on the Louisiana Army Ammunition Plant, and shall bear
such responsibility until such time as such monitoring,
sampling, or reporting is no longer required; and
(5) assume the rights and responsibilities of the Army
under the armaments retooling manufacturing support agreement
between the Army and the facility use contractor with respect
to the Louisiana Army Ammunition Plant in accordance with the
terms of such agreement in effect at the time of the
conveyance.
(c) Payment of Costs of Conveyance.--(1) The Secretary may require
the State to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, and other administrative costs
related to the conveyance. If amounts are collected from the State in
advance of the Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the Secretary to carry
out the conveyance, the Secretary shall refund the excess amount to
State.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and
shall be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by surveys satisfactory to the Secretary. The cost
of each survey shall be borne by the State.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2836. MODIFICATION OF AUTHORITY FOR LAND CONVEYANCE, EQUIPMENT AND
STORAGE YARD, CHARLESTON, SOUTH CAROLINA.
Section 563(h) of the Water Resources Development Act of 1999
(Public Law 106-53; 113 Stat. 360) is amended to read as follows:
``(h) Charleston, South Carolina.--
``(1) In general.--The Secretary may convey to the City of
Charleston, South Carolina (in this section referred to as the
`City'), all right, title, and interest of the United States in
and to a parcel of real property of the Corps of Engineers,
together with any improvements thereon, that is known as the
Equipment and Storage Yard and consists of approximately 1.06
acres located on Meeting Street in Charleston, South Carolina,
in as-is condition.
``(2) Consideration.--As consideration for the conveyance
of property under paragraph (1), the City shall provide the
United States, whether by cash payment, in-kind contribution,
or a combination thereof, an amount that is not less than the
fair market value of the property conveyed, as determined by
the Secretary.
``(3) Use of proceeds.--Amounts received as consideration
under this subsection may be used by the Corps of Engineers,
Charleston District, as follows:
``(A) Any amounts received as consideration may be
used to carry out activities under this Act,
notwithstanding any requirements associated with the
Plant Replacement and Improvement Program (PRIP),
including--
``(i) leasing, purchasing, or constructing
an office facility within the boundaries of
Charleston, Berkeley, and Dorchester Counties,
South Carolina; and
``(ii) satisfying any PRIP balances.
``(B) Any amounts received as consideration that
are in excess of the fair market value of the property
conveyed under paragraph (1) may be used for any
authorized activities of the Corps of Engineers,
Charleston District.
``(4) Description of property.--The exact acreage and legal
description of the real property to be conveyed under paragraph
(1) and any property transferred to the United States as
consideration under paragraph (2) shall be determined by
surveys satisfactory to the Secretary.
``(5) Additional terms and conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under paragraph (1) as the Secretary considers
appropriate to protect the interests of the United States.''.
Subtitle D--Other Matters
SEC. 2841. DEPARTMENT OF DEFENSE FOLLOW-ON LABORATORY REVITALIZATION
DEMONSTRATION PROGRAM.
(a) Follow-On Program Authorized.--(1) The Secretary of Defense may
carry out a program (to be known as the ``Department of Defense Follow-
On Laboratory Revitalization Demonstration Program'') for the
revitalization of Department of Defense laboratories. Under the
program, the Secretary may carry out minor military construction
projects in accordance with subsection (b) and other applicable law to
improve laboratories covered by the program.
(2) The program under this section is the successor program to the
Department of Defense Laboratory Revitalization Demonstration Program
carried out under section 2892 of the Military Construction
Authorization Act for Fiscal Year 1996 (division B of Public Law 104-
106; 10 U.S.C. 2805 note).
(b) Increased Maximum Amounts Applicable to Minor Construction
Projects.--For purpose of any military construction project carried out
under the program--
(1) the amount provided in the second sentence of
subsection (a)(1) of section 2805 of title 10, United States
Code, shall be deemed to be $3,000,000;
(2) the amount provided in subsection (b)(1) of such
section shall be deemed to be $1,500,000; and
(3) the amount provided in subsection (c)(1)(B) of such
section shall be deemed to be $1,000,000.
(c) Program Requirements.--(1) Not later than 30 days before
commencing the program, the Secretary shall--
(A) designate the Department laboratories at which
construction may be carried out under the program; and
(B) establish procedures for the review and approval of
requests from Department laboratories to carry out such
construction.
(2) The laboratories designated under paragraph (1)(A) may not
include Department laboratories that are contractor owned.
(3) The Secretary shall notify Congress of the Department
laboratories designated under paragraph (1)(A).
(d) Report.--Not later than September 30, 2005, the Secretary shall
submit to the congressional defense committees a report on the program
under this section. The report shall include--
(1) a list and description of the construction projects
carried out under the program, and of any projects carried out
under the program referred to in subsection (a) during the
period beginning on October 1, 2003, and ending on the date of
the enactment of this Act, including the location and costs of
each such project; and
(2) the assessment of the Secretary of the advisability of
extending or expanding the authority for the program under this
section.
(e) Construction of Authority.--Nothing in this section may be
construed to limit any other authority provided by law for any military
construction project at a Department laboratory covered by the program.
(f) Definitions.--In this section:
(1) The term ``laboratory'' includes--
(A) a research, engineering, and development
center;
(B) a test and evaluation activity owned, funded,
and operated by the Federal Government through the
Department of Defense; and
(C) a supporting facility of a laboratory.
(2) The term ``supporting facility'', with respect to a
laboratory, means any building or structure that is used in
support of research, development, test, and evaluation at the
laboratory.
(g) Expiration of Authority.--The authority to carry out a project
under the program under this section expires on September 30, 2006.
SEC. 2842. JURISDICTION AND UTILIZATION OF FORMER PUBLIC DOMAIN LANDS,
UMATILLA CHEMICAL DEPOT, OREGON.
(a) Jurisdiction.--The various parcels of real property consisting
of approximately 8,300 acres and located within the boundaries of
Umatilla Chemical Depot, Oregon, that were previously withdrawn from
the public domain are determined to be no longer suitable for return to
the public domain and are hereby transferred to the administrative
jurisdiction of the Secretary of the Army.
(b) Utilization.--The Secretary shall combine the real property
transferred under subsection (a) with other lands and lesser interests
comprising the Umatilla Chemical Depot for purposes of their management
and disposal pursuant to title II of the Defense Authorization
Amendments and Base Closure and Realignment Act of 1988 (Public Law
100-526; 10 U.S.C. 2687 note) and other applicable law.
SEC. 2843. DEVELOPMENT OF HERITAGE CENTER FOR THE NATIONAL MUSEUM OF
THE UNITED STATES ARMY.
(a) Authority To Enter Into Agreement.--(1) The Secretary of the
Army may enter into an agreement with the Army Historical Foundation, a
nonprofit organization, for the design, construction, and operation of
a facility or group of facilities at Fort Belvoir, Virginia (in this
section referred to as the ``center''), for the National Museum of the
United States Army.
(2) The center shall be used for the identification, curation,
storage, and public viewing of artifacts and artwork of significance to
the United States Army, as agreed to by the Secretary.
(3) The center may also be used to support such education,
training, research, and associated purposes as the Secretary considers
appropriate.
(b) Design and Construction.--(1) The design of the center shall be
subject to the approval of the Secretary.
(2) For each phase of the development of the center, the Secretary
may--
(A) accept funds from the Army Historical Foundation for
the design and construction of such phase of the center; or
(B) permit the Army Historical Foundation to contract for
the design and construction of such phase of the center.
(c) Acceptance of Facility.--(1) Upon satisfactory completion, as
determined by the Secretary, of any phase of the center, and upon the
satisfaction of any and all financial obligations incident thereto by
the Army Historical Foundation, the Secretary shall accept such phase
of the center from the Army Historical Foundation, and all right,
title, and interest in and to such phase of the center shall vest in
the United States.
(2) Upon becoming property of the United States, a phase of the
center accepted under paragraph (1) shall be under the jurisdiction of
the Secretary.
(d) Use of Certain Gifts.--(1) Under regulations prescribed by the
Secretary, the Commander of the United States Army Center of Military
History may, without regard to section 2601 of title 10, United States
Code, accept, hold, administer, invest, and spend any gift, devise, or
bequest of personal property of a value of $250,000 or less made to the
United States if such gift, devise, or bequest is for the benefit of
the National Museum of the United States Army or the center.
(2) The Secretary may pay or authorize the payment of any
reasonable and necessary expense in connection with the conveyance or
transfer of a gift, devise, or bequest under this subsection.
(e) Lease of Facility.--(1) The Secretary may lease, under such
terms and conditions as the Secretary considers appropriate for the
agreement authorized by subsection (a), portions of the center
developed under that subsection to the Army Historical Foundation for
use by the public, commercial and nonprofit entities, State and local
governments, and other departments and agencies of the Federal
Government for use in generating revenue for activities of the center
and for such administrative purposes as may be necessary for the
support of the center.
(2) The amount of consideration paid to the Secretary by the Army
Historical Foundation for a lease under paragraph (1) may not exceed an
amount equal to the actual cost, as determined by the Secretary, of the
operations and maintenance of the center.
(3) Notwithstanding any other provision of law, the Secretary shall
use amounts paid under paragraph (2) to cover the costs of operation of
the center.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the agreement
authorized by subsection (a) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2844. AUTHORITY TO SETTLE CLAIM OF OAKLAND BASE REUSE AUTHORITY
AND REDEVELOPMENT AGENCY OF THE CITY OF OAKLAND,
CALIFORNIA.
(a) Authority.--The Secretary of the Navy may pay funds as agreed
to by both parties, in the amount of $2,100,000, to the Oakland Base
Reuse Authority and Redevelopment Agency of the City of Oakland,
California, in settlement of Oakland Base Reuse Authority and
Redevelopment Agency of the City of Oakland v. the United States, Case
No. C02-4652 MHP, United States District Court, Northern District of
California, including any appeal.
(b) Consideration.--As consideration, the Oakland Base Reuse
Authority and Redevelopment Agency shall agree that the payment
constitutes a final settlement of all claims against the United States
related to said case and give to the Secretary a release of all claims
to the eighteen officer housing units located at the former Naval
Medical Center Oakland, California. The release shall be in a form that
is satisfactory to the Secretary.
(c) Source of Funds.--The Secretary may use funds in the Department
of Defense Base Closure Account 1990 established pursuant to section
2906 of the Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) for the payment
authorized by subsection (a) or the proceeds of sale from the eighteen
housing units and property described in subsection (b).
SEC. 2845. COMPTROLLER GENERAL REPORT ON CLOSURE OF DEPARTMENT OF
DEFENSE DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS AND
COMMISSARY STORES.
(a) Comptroller General Report.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate committees of Congress a
report that includes the following:
(1) With respect to Department of Defense dependent
elementary and secondary schools--
(A) an assessment by the Comptroller General of the
policy of the Department of Defense, and the criteria
utilized by the Department, regarding the closure of
schools, including whether or not such policy and
criteria are consistent with Department policies and
procedures on the preservation of the quality of life
of members of the Armed Forces; and
(B) an assessment by the Comptroller General of any
current or on-going studies or assessments of the
Department with respect to any of the schools.
(2) With respect to commissary stores--
(A) an assessment by the Comptroller General of the
policy of the Department of Defense, and the criteria
utilized by the Department, regarding the closure of
commissary stores, including whether or not such policy
and criteria are consistent with Department policies
and procedures on the preservation of the quality of
life of members of the Armed Forces; and
(B) an assessment by the Comptroller General of any
current or on-going studies or assessments of the
Department with respect to any of the commissary
stores.
(b) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services of the Senate; and
(2) the Committee on Armed Services of the House of
Representatives.
TITLE XXIX--MARITIME ADMINISTRATION
SEC. 2901. MODIFICATION OF PRIORITY AFFORDED APPLICATIONS FOR NATIONAL
DEFENSE TANK VESSEL CONSTRUCTION ASSISTANCE.
Section 3542(d) of the Maritime Security Act of 2003 (title XXXV of
Public Law 108-136; 117 Stat. 1821; 46 U.S.C. 53101 note) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) shall give priority consideration to a proposal
submitted by an applicant who has been accepted for
participation in the Shipboard Technology Evaluation Program as
outlined in Navigation and Vessel Inspection Circular 01-04,
issued by the Commandant of the United States Coast Guard on
January 2, 2004; and''.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2005 for
the activities of the National Nuclear Security Administration in
carrying out programs necessary for national security in the amount of
$9,165,145,000, to be allocated as follows:
(1) For weapons activities, $6,674,898,000.
(2) For defense nuclear nonproliferation activities,
$1,348,647,000.
(3) For naval reactors, $797,900,000.
(4) For the Office of the Administrator for Nuclear
Security, $343,700,000.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for weapons
activities, as follows:
(1) For readiness in technical base and facilities:
Project 05-D-140, Readiness in Technical Base and
Facilities Program (RTBF), project engineering and
design (PED), various locations, $11,600,000.
Project 05-D-401, Building 12-64 production bays
upgrade, Pantex Plant, Amarillo, Texas, $25,000,000.
Project 05-D-402, Beryllium Capability (BeC)
Project, Y-12 National Security Complex, Oak Ridge,
Tennessee, $3,627,000.
(2) For facilities and infrastructure recapitalization:
Project 05-D-160, Facilities and Infrastructure
Recapitalization Program (FIRP), project engineering
and design (PED), various locations, $8,700,000.
Project 05-D-601, compressed air upgrades, Y-12
National Security Complex, Oak Ridge, Tennessee,
$4,400,000.
Project 05-D-602, power grid infrastructure upgrade
(PGIU), Los Alamos National Laboratory, Los Alamos, New
Mexico, $10,000,000.
Project 05-D-603, new master substation, technical
areas I and IV, Sandia National Laboratories,
Albuquerque, New Mexico, $600,000.
(3) For safeguards and security:
Project 05-D-170, safeguards and security, project
engineering and design (PED), various locations,
$17,000,000.
Project 05-D-701, security perimeter, Los Alamos
National Laboratory, Los Alamos, New Mexico,
$20,000,000.
(4) For naval reactors:
Project 05-N-900, materials development facility
building, Schenectady, New York, $6,200,000.
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2005 for
environmental management activities in carrying out programs necessary
for national security in the amount of $6,954,402,000, to be allocated
as follows:
(1) For defense site acceleration completion,
$5,971,932,000.
(2) For defense environmental services, $982,470,000.
(b) Authorization of New Plant Project.--From funds referred to in
subsection (a)(2) that are available for carrying out plant projects,
the Secretary of Energy may carry out, for environmental management
activities, the following new plant project:
Project 05-D-405, salt waste processing facility, Savannah
River Site, Aiken, South Carolina, $52,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2005 for other defense activities in carrying
out programs necessary for national security in the amount of
$568,096,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2005 for defense nuclear waste disposal for
payment to the Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of
$108,000,000.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. LIMITATION ON AVAILABILITY OF FUNDS FOR MODERN PIT FACILITY.
(a) Limitation.--Of the amount authorized to be appropriated by
section 3101(a)(1) for the National Nuclear Security Administration for
weapons activities and available for the Modern Pit Facility, not more
than 50 percent of such amount may be obligated or expended until 30
days after the latter of the following:
(1) The date of the submittal of the revised nuclear
weapons stockpile plan specified in the joint explanatory
statement to accompany the report of the Committee on
Conference on the bill H.R. 2754 of the 108th Congress.
(2) The date on which the Administrator for Nuclear
Security submits to the congressional defense committees a
report setting forth the validated pit production requirements
for the Modern Pit Facility.
(b) Validated Pit Production Requirements.--(1) The validated pit
production requirements in the report under subsection (a)(2) shall be
established by the Administrator in conjunction with the Chairman of
the Nuclear Weapons Council.
(2) The validated pit production requirements shall--
(A) include specifications regarding the number of pits
that will be required to be produced in order to support the
weapons that will be retained in the nuclear weapons stockpile,
set forth by weapon type and by year; and
(B) take into account any surge capacity that may be
included in the annual pit production capability.
(c) Form of Report.--The report described in subsection (a)(2)
shall be submitted in unclassified form, but may include a classified
annex.
SEC. 3112. LIMITATION ON AVAILABILITY OF FUNDS FOR ADVANCED NUCLEAR
WEAPONS CONCEPTS INITIATIVE.
(a) Limitation.--None of the funds authorized to be appropriated by
this title may be obligated or expended for purposes of additional or
exploratory studies under the Advanced Nuclear Weapons Concepts
Initiative until 30 days after the date on which the Administrator for
Nuclear Security submits to the congressional defense committees a
detailed report on the activities for such studies under the Initiative
that are planned for fiscal year 2005.
(b) Form of Report.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 3113. LIMITED AUTHORITY TO CARRY OUT NEW PROJECTS UNDER FACILITIES
AND INFRASTRUCTURE RECAPITALIZATION PROGRAM AFTER PROJECT
SELECTION DEADLINE.
(a) Limited Authority To Carry Out New Projects.--Section 3114(a)
of the National Defense Authorization Act for Fiscal Year 2004 (Public
Law 108-136; 117 Stat. 1744; 50 U.S.C. 2453 note) is amended--
(1) in the subsection caption, by striking ``Deadline
for'';
(2) in paragraph (2), by striking ``No project'' and
inserting ``Except as provided in paragraph (3), no project'';
and
(3) by adding at the end the following new paragraph:
``(3)(A) Subject to the provisions of this paragraph, a project
described in subparagraph (B) may be carried out under the Facilities
and Infrastructure Recapitalization Program after December 31, 2004, if
the Administrator approves the project. The Administrator may not
delegate the authority to approve projects under the preceding
sentence.
``(B) A project described in this subparagraph is a project that
consists of a specific building, facility, or other improvement
(including fences, roads, or similar improvements).
``(C) Funds may not be obligated or expended for a project under
this paragraph until 60 days after the date on which the Administrator
submits to the congressional defense committees a notice on the
project, including a description of the project and the nature of the
project, a statement explaining why the project was not included in the
Facilities and Infrastructure Recapitalization Program under paragraph
(1), and a statement explaining why the project was not included in any
other program under the jurisdiction of the Administrator.
``(D) The total number of projects that may be carried out under
this paragraph in any fiscal year may not exceed five projects.
``(E) The Administrator may not utilize the authority in this
paragraph until 60 days after the later of--
``(i) the date of the submittal to the congressional
defense committees of a list of the projects selected for
inclusion in the Facilities and Infrastructure Recapitalization
Program under paragraph (1); or
``(ii) the date of the submittal to the congressional
defense committees of the report required by subsection (c).
``(F) A project may not be carried out under this paragraph unless
the project will be completed by September 30, 2011.''.
(b) Construction of Authority.--The amendments made by subsection
(a) may not be construed to authorize any delay in either of the
following:
(1) The selection of projects for inclusion in the
Facilities and Infrastructure Recapitalization Program under
subsection (a) of section 3114 of the National Defense
Authorization Act for Fiscal Year 2004.
(2) The submittal of the report required by subsection (c)
of such section.
SEC. 3114. MODIFICATION OF MILESTONE AND REPORT REQUIREMENTS FOR
NATIONAL IGNITION FACILITY.
(a) Notification on Milestones To Achieve Ignition.--Subsection (a)
of section 3137 of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 115 Stat. 1369) is amended by striking
``each Level I milestone and Level II milestone for the National
Ignition Facility.'' and inserting the following: ``each milestone for
the National Ignition Facility as follows:
``(1) Each Level I milestone.
``(2) Each Level II milestone.
``(3) Each milestone to achieve ignition.''.
(b) Report on Failure of Timely Achievement of Milestones.--
Subsection (b) of such section is amended by striking ``a Level I
milestone or Level II milestone for the National Ignition Facility''
and inserting ``a milestone for the National Ignition Facility referred
to in subsection (a)''.
(c) Milestones To Achieve Ignition.--Subsection (c) of such section
is amended to read as follows:
``(c) Milestones.--For purposes of this section:
``(1) The Level I and Level II milestones for the National
Ignition Facility are as established in the August 2000 revised
National Ignition Facility baseline document.
``(2) The milestones of the National Ignition Facility to
achieve ignition are such milestones (other than the milestones
referred to in paragraph (1)) as the Administrator shall
establish on any activities at the National Ignition Facility
that are required to enable the National Ignition Facility to
achieve ignition and be a fully functioning user facility by
December 31, 2011.''.
(d) Submittal to Congress of Milestones To Achieve Ignition.--Not
later than January 31, 2005, the Administrator for Nuclear Security
shall submit to the congressional defense committees a report setting
forth the milestones of the National Ignition Facility to achieve
ignition as established by the Administration under subsection (c)(2)
of section 3137 of the National Defense Authorization Act for Fiscal
Year 2002, as amended by subsection (c) of this section. The report
shall include--
(1) a description of each milestone established; and
(2) a proposal for the funding to be required to meet each
such milestone.
(e) Extension of Sunset.--Subsection (d) of section 3137 of such
Act is amended by striking ``September 30, 2004'' and inserting
``December 31, 2011''.
SEC. 3115. MODIFICATION OF SUBMITTAL DATE OF ANNUAL PLAN FOR
STEWARDSHIP, MANAGEMENT, AND CERTIFICATION OF WARHEADS IN
THE NUCLEAR WEAPONS STOCKPILE.
Section 4203(c) of the Atomic Energy Defense Act (50 U.S.C.
2523(c)) is amended is amended by striking ``March 15 of each year
thereafter'' and inserting ``May 1 of each year thereafter''.
SEC. 3116. DEFENSE SITE ACCELERATION COMPLETION.
(a) In General.--Notwithstanding any other provision of law, with
respect to material stored at a Department of Energy site at which
activities are regulated by the State pursuant to approved closure
plans or permits issued by the State, high-level radioactive waste does
not include radioactive material resulting from the reprocessing of
spent nuclear fuel that the Secretary of Energy determines--
(1) does not require permanent isolation in a deep geologic
repository for spent fuel or highly radioactive waste pursuant
to criteria promulgated by the Department of Energy by rule
approved by the Nuclear Regulatory Commission;
(2) has had highly radioactive radionuclides removed to the
maximum extent practical in accordance with the Nuclear
Regulatory Commission-approved criteria; and
(3) in the case of material derived from the storage tanks,
is disposed of in a facility (including a tank) within the
State pursuant to a State-approved closure plan or a State-
issued permit, authority for the approval or issuance of which
is conferred on the State outside of this Act.
(b) Inapplicability to Certain Materials.--Subsection (a) shall not
apply to any material otherwise covered by that subsection that is
transported from the State.
(c) Scope of Authority To Carry Out Actions.--The Department of
Energy may implement any action authorized--
(1) by a State-approved closure plan or State-issued permit
in existence on the date of enactment of this section; or
(2) by a closure plan approved by the State or a permit
issued by the State during the pendency of the rulemaking
provided for in subsection (a).
Any such action may be completed pursuant to the terms of the closure
plan or the State-issued permit notwithstanding the final criteria
adopted by the rulemaking pursuant to subsection (a).
(d) State Defined.--In this section, the term ``State'' means the
State of South Carolina.
(e) Construction.--(1) Nothing in this section shall affect, alter,
or modify the full implementation of--
(A) the settlement agreement entered into by the United
States with the State of Idaho in the actions captioned Public
Service Co. of Colorado v. Batt, Civil No. 91-0035-S-EJL, and
United States v. Batt, Civil No. 91-0054-S-EJL, in the United
States District Court for the District of Idaho, and the
consent order of the United States District Court for the
District of Idaho, dated October 17, 1995, that effectuates the
settlement agreement;
(B) the Idaho National Engineering Laboratory Federal
Facility Agreement and Consent Order; or
(C) the Hanford Federal Facility Agreement and Consent
Order.
(2) Nothing in this section establishes any precedent or is binding
on the State of Idaho, the State of Washington, the State of Oregon, or
any other State for the management, storage, treatment, and disposition
of radioactive and hazardous materials.
SEC. 3117. NATIONAL ACADEMY OF SCIENCES STUDY.
(a) Review by National Research Council.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of Energy
shall enter into a contract with the National Research Council of the
National Academies to conduct a study of the necessary technologies and
research gaps in the Department of Energy's program to remove high-
level radioactive waste from the storage tanks at the Department's
sites in South Carolina, Washington and Idaho.
(b) Matters To Be Addressed in Study.--The study shall address the
following:
(1) the quantities and characteristics of waste in each
high-level waste storage tank described in paragraph (a),
including data uncertainties;
(2) the technologies by which high-level radioactive waste
is currently being removed from the tanks for final disposal
under the Nuclear Waste Policy Act;
(3) technologies currently available but not in use in
removing high-level radioactive waste from the tanks;
(4) any technology gaps that exist to effect the removal of
high-level radioactive waste from the tanks;
(5) other matters that in the judgement of the National
Research Council directly relate to the focus of this study.
(c) Time Limitation.--The National Research Council shall conduct
the review over a one year period beginning upon execution of the
contract described in subsection (a).
(d) Reports.--(1) The National Research Council shall submit its
findings, conclusions and recommendations to the Secretary of Energy
and to the relevant Committees of jurisdiction of the United States
Senate and House of Representatives.
(2) The final report shall be submitted in unclassified
form with classified annexes as necessary.
(e) Provision of Information.--The Secretary of Energy shall make
available to the National Research Council all of the information
necessary to complete its report in a timely manner.
(f) Expedited Processing of Security Clearances.--For purposes of
facilitating the commencement of the study under this section, the
Secretary of Energy shall expedite to the fullest degree possible the
processing of security clearances that are necessary for the National
Research Council to conduct the study.
(g) Funding.--Of the amount authorized to be appropriated in
section 3102(a)(1) for environmental management for defense site
acceleration completion, $750,000 shall be available for the study
authorized under this section.
SEC. 3118. ANNUAL REPORT ON EXPENDITURES FOR SAFEGUARDS AND SECURITY.
(a) Annual Report Required.--Subtitle C of title XLVII of the
Atomic Energy Defense Act (50 U.S.C. 2771 et seq.) is amended by adding
at the end the following new section:
``SEC. 4732. ANNUAL REPORT ON EXPENDITURES FOR SAFEGUARDS AND SECURITY.
``The Secretary of Energy shall submit to Congress each year, in
the budget justification materials submitted to Congress in support of
the budget of the President for the fiscal year beginning in such year
(as submitted under section 1105(a) of title 31, United States Code),
the following:
``(1) A detailed description and accounting of the proposed
obligations and expenditures by the Department of Energy for
safeguards and security in carrying out programs necessary for
the national security for the fiscal year covered by such
budget, including any technologies on safeguards and security
proposed to be deployed or implemented during such fiscal year.
``(2) With respect to the fiscal year ending in the year
before the year in which such budget is submitted, a detailed
description and accounting of--
``(A) the policy on safeguards and security,
including any modifications in such policy adopted or
implemented during such fiscal year;
``(B) any initiatives on safeguards and security in
effect or implemented during such fiscal year;
``(C) the amount obligated and expended for
safeguards and security during such fiscal year, set
forth by total amount, by amount per program, and by
amount per facility; and
``(D) the technologies on safeguards and security
deployed or implemented during such fiscal year.''.
(b) Clerical Amendment.--The table of contents for that Act is
amended by inserting after the item relating to section 4731 the
following new item:
``Sec. 4732. Annual report on expenditures for safeguards and
security.''.
SEC. 3119. AUTHORITY TO CONSOLIDATE COUNTERINTELLIGENCE OFFICES OF
DEPARTMENT OF ENERGY AND NATIONAL NUCLEAR SECURITY
ADMINISTRATION WITHIN NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) Authority.--The Secretary of Energy may consolidate the
counterintelligence programs and functions referred to in subsection
(b) within the Office of Defense Nuclear Counterintelligence of the
National Nuclear Security Administration and provide for their
discharge by that Office.
(b) Covered Programs and Functions.--The programs and functions
referred to in this subsection are as follows:
(1) The functions and programs of the Office of
Counterintelligence of the Department of Energy under section
215 of the Department of Energy Organization Act (42 U.S.C.
7144b).
(2) The functions and programs of the Office of Defense
Nuclear Counterintelligence of the National Nuclear Security
Administration under section 3232 of the National Nuclear
Security Administration Act (50 U.S.C. 2422), including the
counterintelligence programs under section 3233 of that Act (50
U.S.C. 2423).
(c) Establishment of Policy.--The Secretary shall have the
responsibility to establish policy for the discharge of the
counterintelligence programs and functions consolidated within the
National Nuclear Security Administration under subsection (a) as
provided for under section 213 of the Department of Energy Organization
Act (42 U.S.C. 7144).
(d) Preservation of Counterintelligence Capability.--In
consolidating counterintelligence programs and functions within the
National Nuclear Security Administration under subsection (a), the
Secretary shall ensure that the counterintelligence capabilities of the
Department of Energy and the National Nuclear Security Administration
are in no way degraded or compromised.
(e) Report on Exercise of Authority.--In the event the Secretary
exercises the authority in subsection (a), the Secretary shall submit
to the congressional defense committees a report on the exercise of the
authority. The report shall include--
(1) a description of the manner in which the
counterintelligence programs and functions referred to in
subsection (b) shall be consolidated within the Office of
Defense Nuclear Counterintelligence of the National Nuclear
Security Administration and discharged by that Office;
(2) a notice of the date on which that Office shall
commence the discharge of such programs and functions, as so
consolidated; and
(3) a proposal for such legislative action as the Secretary
considers appropriate to effectuate the discharge of such
programs and functions, as so consolidated, by that Office.
(f) Deadline for Exercise of Authority.--The authority in
subsection (a) may be exercised, if at all, not later than one year
after the date of the enactment of this Act.
SEC. 3120. TREATMENT OF WASTE MATERIAL.
(a) Availability of Funds for Treatment.--Of the amount authorized
to be appropriated by section 3102(a)(1) for environmental management
for defense site acceleration completion, $350,000,000 shall be
available for the following purposes at the sites referred to in
subsection (b):
(1) The safe management of tanks or tank farms used to
store waste from reprocessing activities.
(2) The on-site treatment and storage of wastes from
reprocessing activities and related waste.
(3) The consolidation of tank waste.
(4) The emptying and cleaning of storage tanks.
(5) Actions under section 3116.
(b) Sites.--The sites referred to in this subsection are as
follows:
(1) The Idaho National Engineering and Environmental
Laboratory, Idaho.
(2) The Savannah River Site, Aiken, South Carolina.
(3) The Hanford Site, Richland, Washington.
(c) Effective Date.--This section shall become effective 1 day
after enactment.
SEC. 3121. LOCAL STAKEHOLDER ORGANIZATIONS FOR DEPARTMENT OF ENERGY
ENVIRONMENTAL MANAGEMENT 2006 CLOSURE SITES.
(a) Establishment.--(1) The Secretary of Energy shall establish for
each Department of Energy Environmental Management 2006 closure site a
local stakeholder organization having the responsibilities set forth in
subsection (c).
(2) The local stakeholder organization shall be established in
consultation with interested elected officials of local governments in
the vicinity of the closure site concerned.
(b) Composition.--A local stakeholder organization for a Department
of Energy Environmental Management 2006 closure site under subsection
(a) shall be composed of such elected officials of local governments in
the vicinity of the closure site concerned as the Secretary considers
appropriate to carry out the responsibilities set forth in subsection
(c) who agree to serve on the organization, or the designees of such
officials.
(c) Responsibilities.--A local stakeholder organization for a
Department of Energy Environmental Management 2006 closure site under
subsection (a) shall--
(1) solicit and encourage public participation in
appropriate activities relating to the closure and post-closure
operations of the site;
(2) disseminate information on the closure and post-closure
operations of the site to the State government of the State in
which the site is located, local and Tribal governments in the
vicinity of the site, and persons and entities having a stake
in the closure or post-closure operations of the site;
(3) transmit to appropriate officers and employees of the
Department of Energy questions and concerns of governments,
persons, and entities referred to paragraph (2) on the closure
and post-closure operations of the site; and
(4) perform such other duties as the Secretary and the
local stakeholder organization jointly determine appropriate to
assist the Secretary in meeting post-closure obligations of the
Department at the site.
(d) Deadline for Establishment.--The local stakeholder organization
for a Department of Energy Environmental Management 2006 closure site
shall be established not later than six months before the closure of
the site.
(e) Inapplicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to local
stakeholder organizations under this section.
(f) Department of Energy Environmental Management 2006 Closure Site
Defined.--In this section, the term ``Department of Energy
Environmental Management 2006 closure site'' means each clean up site
of the Department of Energy scheduled by the Department as of January
1, 2004, for closure in 2006.
SEC. 3122. REPORT ON MAINTENANCE OF RETIREMENT BENEFITS FOR CERTAIN
WORKERS AT 2006 CLOSURE SITES AFTER CLOSURE OF SITES.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Assistant Secretary of Energy for
Environmental Management shall submit to the Secretary of Energy a
report on the maintenance of retirements benefits for workers at
Department of Energy 2006 closure sites after the closure of such
sites.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) The number of workers at Department of Energy 2006
closure sites that could lose retirement benefits as a result
of the early closure of such a site.
(2) The impact on collective bargaining agreements with
workers at Department of Energy 2006 closure sites of the loss
of their retirement benefits as described in paragraph (1).
(3) The cost of providing retirement benefits, after the
closure of Department of Energy 2006 closure sites, to workers
at such sites who would otherwise lose their benefits as
described in paragraph (1) after the closure of such sites.
(c) Transmittal to Congress.--Not later than 30 days after
receiving the report under subsection (a), the Secretary shall transmit
the report to Congress, together with such recommendations, including
recommendations for legislative action, as the Secretary considers
appropriate.
(d) Definitions.--In this section:
(1) The term ``Department of Energy 2006 closure site''
means the following:
(A) The Rocky Flats Environmental Technology Site,
Colorado.
(B) The Fernald Plant, Ohio.
(C) The Mound Plant, Ohio.
(2) The term ``worker'' means any employee who is employed
by contract to perform cleanup, security, or administrative
duties or responsibilities at a Department of Energy 2006
closure site.
(3) The term ``retirement benefits'' means health, pension,
and any other retirement benefits.
SEC. 3123. REPORT ON EFFORTS OF NATIONAL NUCLEAR SECURITY
ADMINISTRATION TO UNDERSTAND PLUTONIUM AGING.
(a) Study.--(1) The Administrator for Nuclear Security shall enter
into a contract with a Federally Funded Research and Development Center
(FFRDC) providing for a study to assess the efforts of the National
Nuclear Security Administration to understand the aging of plutonium in
nuclear weapons.
(2) The Administrator shall make available to the FFRDC contractor
under this subsection all information that is necessary for the
contractor to successfully complete a meaningful study on a timely
basis.
(b) Report Required.--(1) Not later than two years after the date
of the enactment of this Act, the Administrator shall submit to
Congress a report on the findings of the study on the efforts of the
Administration to understand the aging of plutonium in nuclear weapons.
(2) The report shall include the recommendations of the study for
improving the knowledge, understanding, and application of the
fundamental and applied sciences related to the study of plutonium
aging.
(3) The report shall be submitted in unclassified form, but may
include a classified annex.
Subtitle C--Proliferation Matters
SEC. 3131. MODIFICATION OF AUTHORITY TO USE INTERNATIONAL NUCLEAR
MATERIALS PROTECTION AND COOPERATION PROGRAM FUNDS
OUTSIDE THE FORMER SOVIET UNION.
(a) Applicability of Authority Limited to Projects Not Previously
Authorized.--Subsection (a) of section 3124 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1747) is amended by inserting ``that has not previously been authorized
by Congress'' after ``states of the former Soviet Union''.
(b) Repeal of Limitation on Total Amount of Obligation.--Such
section is further amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d), (e), and (f) as
subsections (c), (d), and (e), respectively.
SEC. 3132. ACCELERATION OF REMOVAL OR SECURITY OF FISSILE MATERIALS,
RADIOLOGICAL MATERIALS, AND RELATED EQUIPMENT AT
VULNERABLE SITES WORLDWIDE.
(a) Sense of Congress.--(1) It is the sense of Congress that the
security, including the rapid removal or secure storage, of high-risk,
proliferation-attractive fissile materials, radiological materials, and
related equipment at vulnerable sites worldwide should be a top
priority among the activities to achieve the national security of the
United States.
(2) It is the sense of Congress that the President may establish in
the Department of Energy a task force to be known as the Task Force on
Nuclear Materials to carry out the program authorized by subsection
(b).
(b) Program Authorized.--The Secretary of Energy may carry out a
program to undertake an accelerated, comprehensive worldwide effort to
mitigate the threats posed by high-risk, proliferation-attractive
fissile materials, radiological materials, and related equipment
located at sites potentially vulnerable to theft or diversion.
(c) Program Elements.--(1) Activities under the program under
subsection (b) may include the following:
(A) Accelerated efforts to secure, remove, or eliminate
proliferation-attractive fissile materials or radiological
materials in research reactors, other reactors, and other
facilities worldwide.
(B) Arrangements for the secure shipment of proliferation-
attractive fissile materials, radiological materials, and
related equipment to other countries willing to accept such
materials and equipment, or to the United States if such
countries cannot be identified, and the provision of secure
storage or disposition of such materials and equipment
following shipment.
(C) The transportation of proliferation-attractive fissile
materials, radiological materials, and related equipment from
sites identified as proliferation risks to secure facilities in
other countries or in the United States.
(D) The processing and packaging of proliferation-
attractive fissile materials, radiological materials, and
related equipment in accordance with required standards for
transport, storage, and disposition.
(E) The provision of interim security upgrades for
vulnerable, proliferation-attractive fissile materials and
radiological materials and related equipment pending their
removal from their current sites.
(F) The utilization of funds to upgrade security and
accounting at sites where proliferation-attractive fissile
materials or radiological materials will remain for an extended
period of time in order to ensure that such materials are
secure against plausible potential threats and will remain so
in the future.
(G) The management of proliferation-attractive fissile
materials, radiological materials, and related equipment at
secure facilities.
(H) Actions to ensure that security, including security
upgrades at sites and facilities for the storage or disposition
of proliferation-attractive fissile materials, radiological
materials, and related equipment, continues to function as
intended.
(I) The provision of technical support to the International
Atomic Energy Agency (IAEA), other countries, and other
entities to facilitate removal of, and security upgrades to
facilities that contain, proliferation-attractive fissile
materials, radiological materials, and related equipment
worldwide.
(J) The development of alternative fuels and irradiation
targets based on low-enriched uranium to convert research or
other reactors fueled by highly-enriched uranium to such
alternative fuels, as well as the conversion of reactors and
irradiation targets employing highly-enriched uranium to
employment of such alternative fuels and targets.
(K) Accelerated actions for the blend down of highly-
enriched uranium to low-enriched uranium.
(L) The provision of assistance in the closure and
decommissioning of sites identified as presenting risks of
proliferation of proliferation-attractive fissile materials,
radiological materials, and related equipment.
(M) Programs to--
(i) assist in the placement of employees displaced
as a result of actions pursuant to the program in
enterprises not representing a proliferation threat;
and
(ii) convert sites identified as presenting risks
of proliferation regarding proliferation-attractive
fissile materials, radiological materials, and related
equipment to purposes not representing a proliferation
threat to the extent necessary to eliminate the
proliferation threat.
(2) The Secretary of Energy shall, in coordination with the
Secretary of State, carry out the program in consultation with, and
with the assistance of, appropriate departments, agencies, and other
entities of the United States Government.
(3) The Secretary of Energy shall, with the concurrence of the
Secretary of State, carry out activities under the program in
collaboration with such foreign governments, non-governmental
organizations, and other international entities as the Secretary
considers appropriate for the program.
(d) Reports.--(1) Not later than March 15, 2005, the Secretary
shall submit to Congress a classified interim report on the program
under subsection (b).
(2) Not later than January 1, 2006, the Secretary shall submit to
Congress a classified final report that includes the following:
(A) A survey by the Secretary of the facilities and sites
worldwide that contain proliferation-attractive fissile
materials, radiological materials, or related equipment.
(B) A list of sites determined by the Secretary to be of
the highest priority, taking into account risk of theft from
such sites, for removal or security of proliferation-attractive
fissile materials, radiological materials, or related
equipment, organized by level of priority.
(C) A plan, including activities under the program under
this section, for the removal, security, or both of
proliferation-attractive fissile materials, radiological
materials, or related equipment at vulnerable facilities and
sites worldwide, including measurable milestones, metrics, and
estimated costs for the implementation of the plan.
(3) A summary of each report under this subsection shall also be
submitted to Congress in unclassified form.
(e) Funding.--Amounts authorized to be appropriated to the
Secretary of Energy for defense nuclear nonproliferation activities
shall be available for purposes of the program under this section.
(f) Definitions.--In this section:
(1) The term ``fissile materials'' means plutonium, highly-
enriched uranium, or other material capable of sustaining an
explosive nuclear chain reaction, including irradiated items
containing such materials if the radiation field from such
items is not sufficient to prevent the theft or misuse of such
items.
(2) The term ``radiological materials'' includes Americium-
241, Californium-252, Cesium-137, Cobalt-60, Iridium-192,
Plutonium-238, Radium-226 and Strontium-90, Curium-244,
Strontium-90, and irradiated items containing such materials,
or other materials designated by the Secretary of Energy for
purposes of this paragraph.
(3) The term ``related equipment'' includes equipment
useful for enrichment of uranium in the isotope 235 and for
extraction of fissile materials from irradiated fuel rods and
other equipment designated by the Secretary of Energy for
purposes of this section.
(4) The term ``highly-enriched uranium'' means uranium
enriched to or above 20 percent in isotope 235.
(5) The term ``low-enriched uranium'' means uranium
enriched below 20 percent in isotope 235.
(6) The term ``proliferation-attractive'', in the case of
fissile materials and radiological materials, means quantities
and types of such materials that are determined by the
Secretary of Energy to present a significant risk to the
national security of the United States if diverted to a use
relating to proliferation.
Subtitle D--Other Matters
SEC. 3141. INDEMNIFICATION OF DEPARTMENT OF ENERGY CONTRACTORS.
Section 170 d.(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C.
2210(d)(1)(A)) is amended by striking ``until December 31, 2004'' and
inserting ``until December 31, 2006''.
SEC. 3142. TWO-YEAR EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN
SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.
Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C.
2701(c)(1)) is amended by striking ``September 30, 2004'' and inserting
``September 30, 2006''.
SEC. 3143. ENHANCEMENT OF ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM AUTHORITIES.
(a) State Agreements.--Section 3661 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-394) (42 U.S.C. 7385o) is amended--
(1) in subsection (b), by striking ``Pursuant to agreements
under subsection (a), the'' and inserting ``The'';
(2) in subsection (c), by striking ``provided in an
agreement under subsection (a), and if''; and
(3) in subsection (e), by striking ``If provided in an
agreement under subsection (a)'' and inserting ``If a panel has
reported a determination under subsection (d)(5)''.
(b) Physician Panels.--Subsection (d) of such section is amended by
striking paragraph (2) and inserting the following new paragraph (2):
``(2) The Secretary of Health and Human Services shall, in
consultation with the Secretary of Energy, select the individuals to
serve as panel members based on experience and competency in diagnosing
occupational illnesses. The Secretary shall appoint the individuals so
selected as panel members or shall obtain by contract the services of
such individuals as panel members.''.
SEC. 3144. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF LOS ALAMOS
NATIONAL LABORATORY, NEW MEXICO.
The Secretary of Energy shall require that the primary management
and operations contract for Los Alamos National Laboratory, New Mexico,
that involves Laboratory operations after September 30, 2005, shall
contain terms requiring the contractor under such contract to provide
support to the Los Alamos Public School District, New Mexico, for the
elementary and secondary education of students by the School District
in the amount of $8,000,000 in each fiscal year.
SEC. 3145. REVIEW OF WASTE ISOLATION PILOT PLANT, NEW MEXICO, PURSUANT
TO COMPETITIVE CONTRACT.
(a) Contract Requirement.--The Secretary of Energy shall use
competitive procedures to enter into a contract to conduct independent
reviews and evaluations of the design, construction, and operations of
the Waste Isolation Pilot Plant in New Mexico (hereafter in this
section referred as the ``WIPP'') as they relate to the protection of
the public health and safety and the environment. The contract shall be
for a period of one year, beginning on October 1, 2004, and shall be
renewable for four additional one-year periods with the consent of the
contractor and subject to the authorization and appropriation of funds
for such purpose.
(b) Content of Contract.--A contract entered into under subsection
(a) shall require the following:
(1) The contractor shall appoint a Director and Deputy
Director, who shall be scientists of national eminence in the
field of nuclear waste disposal, shall be free from any biases
related to the activities of the WIPP, and shall be widely
known for their integrity and scientific expertise.
(2) The Director shall appoint staff. The professional
staff shall consist of scientists and engineers of recognized
integrity and scientific expertise who represent scientific and
engineering disciplines needed for a thorough review of the
WIPP, including disciplines such as geology, hydrology, health
physics, environmental engineering, probability risk analysis,
mining engineering, and radiation chemistry. The disciplines
represented in the staff shall change as may be necessary to
meet changed needs in carrying out the contract for expertise
in any certain scientific or engineering discipline. Scientists
employed under the contract shall have qualifications and
experience equivalent to the qualifications and experience
required for scientists employed by the Federal Government in
grades GS-13 through GS-15.
(3) Scientists employed under the contract shall have an
appropriate support staff.
(4) The Director and Deputy Director shall each be
appointed for a term of 5 years, subject to contract renewal,
and may be removed only for misconduct or incompetence. The
staff shall be appointed for such terms as the Director
considers appropriate.
(5) The rates of pay of professional staff and the
procedures for increasing the rates of pay of professional
staff shall be equivalent to those rates and procedures
provided for the General Schedule pay system under chapter 53
of title 5, United States Code.
(6) The results of reviews and evaluations carried out
under the contract shall be published.
(c) Administration.--The contractor shall establish general
policies and guidelines to be used by the Director in carrying out the
work under the contract.
SEC. 3146. COMPENSATION OF PAJARITO PLATEAU, NEW MEXICO, HOMESTEADERS
FOR ACQUISITION OF LANDS FOR MANHATTAN PROJECT IN WORLD
WAR II.
(a) Establishment of Compensation Fund.--There is established in
the Treasury of the United States a fund to be known as the Pajarito
Plateau Homesteaders Compensation Fund (in this section referred to as
the ``Fund''). The Fund shall be dedicated to the settlement of the two
lawsuits in the United States District Court for the District of New
Mexico consolidated as Civ. No. 00-60.
(b) Elements of Fund.--The Fund shall consist of the following:
(1) Amounts available for deposit in the Fund under
subsection (j).
(2) Interest earned on amounts in the Fund under subsection
(g).
(c) Use of Fund.--The Fund shall be available for the settlement of
the consolidated lawsuits in accordance with the following
requirements:
(1) The settlement shall be subject to preliminary and
final approval by the Court in accordance with rule 23(e) of
the Federal Rules of Civil Procedure.
(2) Lead Counsel and Counsel for the United States of
America shall recommend to the Court reasonable procedures by
which the claims for monies from the Fund shall be
administered, which recommendations shall include mechanisms--
(A) to identify class members;
(B) to receive claims from class members so
identified;
(C) to determine in accordance with subsection (d)
eligible claimants from among class members submitting
claims; and
(D) to resolve contests, if any, among eligible
claimants with respect to a particular eligible tract
regarding the disbursement of monies in the Fund with
respect to such eligible tract.
(3) Lead Counsel and Counsel for the United States of
America shall provide evidence to the Court to assist the Court
in--
(A) identifying each class member by name and
whereabouts;
(B) providing notice of the settlement process for
the consolidated lawsuits to each class member so
identified; and
(C) providing the forms, and describing the
procedure, for making claims to each class member so
identified.
(4) After the provision of notice to class members under
paragraph (3), if, within a time period to be established by
the Court, more than 10 percent of the class members submit to
the Court written notice of their determination to be excluded
from participation in the settlement of the consolidated
lawsuits--
(A) the Fund shall not serve as the basis for the
settlement of the consolidated lawsuits and the
provisions of this section shall have no further force
or effect; and
(B) amounts in the Fund shall not be disbursed, but
shall be retained in the Treasury as miscellaneous
receipts.
(5) The Court may award attorney fees and expenses from the
Fund pursuant to rule 23 of the Federal Rules of Civil
Procedure, except that the award of attorney fees may not
exceed 20 percent of the Fund and the award of expenses may not
exceed 2 percent of the Fund. Any attorney fees and expenses so
paid shall be paid from the Fund before distribution of the
amount in the Fund to eligible claimants entitled thereto.
(6) The Fund shall be available to pay settlement awards in
accordance with the following:
(A) The balance of the amount of the Fund that is
available for disbursement after any award of attorney
fees and expenses under paragraph (5) shall be
allocated proportionally by eligible tract according to
its acreage as compared with all eligible tracts.
(B) The allocation for each eligible tract shall be
allocated pro rata among all eligible claimants having
an interest in such eligible tract according to the
extent of their interest in such eligible tract, as
determined under the laws of the State of New Mexico.
(C) Payments from the Fund under this paragraph
shall be made by the Secretary of the Treasury.
(7) Any amounts available for disbursement with respect to
an eligible tract that are not awarded to eligible claimants
with respect to that tract by reason of paragraph (6)(B) shall
be retained in the Treasury as miscellaneous receipts.
(d) Eligible Claimants.--(1) For purposes of this section, an
eligible claimant is any class member determined by the Court, by a
preponderance of evidence and pursuant to procedures established under
subsection (c)(2), to be a person or entity who held a fee simple
ownership in an eligible tract at the time of its acquisition by the
United States during World War II for use in the Manhattan Project, or
the heir, successor in interest, assignee, or beneficiary of such a
person or entity.
(2) The status of a person or entity as an heir, successor in
interest, assignee, or beneficiary for purposes of this subsection
shall be determined under the laws of the State of New Mexico,
including the descent and distribution law of the State of New Mexico.
(e) Full Resolution of Claims Against United States.--(1) The
acceptance of a disbursement from the Fund by an eligible claimant
under this section shall constitute a final and complete release of the
defendants in the consolidated lawsuits with respect to such eligible
claimant, and shall be in full satisfaction of any and all claims of
such eligible claimant against the United States arising out of acts
described in the consolidated lawsuits.
(2) Upon the disbursement of the amount in the Fund to eligible
claimants entitled thereto under this section, the Court shall, subject
to the provisions of rule 23(e) of the Federal Rules of Civil
Procedure, enter a final judgment dismissing with prejudice the
consolidated lawsuits and all claims and potential claims on matters
covered by the consolidated lawsuits.
(f) Compensation Limited to Amounts in Fund.--(1) An eligible
claimant may be paid under this section only from amounts in the Fund.
(2) Nothing in this section shall authorize the payment to a class
member by the United States Government of any amount authorized by this
section from any source other than the Fund.
(g) Investment of Fund.--(1) The Secretary of the Treasury shall,
in accordance with the requirements of section 9702 of title 31, United
States Code, and the provisions of this subsection, direct the form and
manner by which the Fund shall be safeguarded and invested so as to
maximize its safety while earning a return comparable to other common
funds in which the United States Treasury is the source of payment.
(2) Interest on the amount deposited in the Fund shall accrue from
the date of the enactment of the Act appropriating amounts for deposit
in the Fund until the date on which the Secretary of the Treasury
disburses the amount in the Fund to eligible claimants who are entitled
thereto under subsection (c).
(h) Preservation of Records.--(1) All documents, personal
testimony, and other records created or received by the Court in the
consolidated lawsuits shall be kept and maintained by the Archivist of
the United States, who shall preserve such documents, testimony, and
records in the National Archives of the United States.
(2) The Archivist shall make available to the public the materials
kept and maintained under paragraph (1).
(i) Definitions.--In this section:
(1) The term ``Court'' means the United States District
Court for the District of New Mexico having jurisdiction over
the consolidated lawsuits.
(2) The term ``consolidated lawsuits'' means the two
lawsuits in the United States District Court for the District
of New Mexico consolidated as Civ. No. 00-60.
(3)(A) The term ``eligible tract'' means private real
property located on the Pajarito Plateau of what is now Los
Alamos County, New Mexico, that was acquired by the United
States during World War II for use in the Manhattan Project and
which is the subject of the consolidated lawsuits.
(B) The term does not include lands of the Los Alamos Ranch
School and of the A.M. Ross Estate (doing business as Anchor
Ranch).
(4) The term ``class member'' means the following:
(A) Any person or entity who claims to have held a
fee simple ownership in an eligible tract at the time
of its acquisition by the United States during World
War II for use in the Manhattan Project.
(B) Any person or entity claiming to be the heir,
successor in interest, assignee, or beneficiary of a
person or entity who held a fee simple ownership in an
eligible tract at the time of its acquisition by the
United States during World War II for use in the
Manhattan Project.
(j) Funding.--Of the amount authorized to be appropriated by
section 3101(a)(4) for the National Nuclear Security Administration for
the Office of the Administrator for Nuclear Security, $10,000,000 shall
be available for deposit in the Fund under subsection (b)(1).
Subtitle E--Energy Employees Occupational Illness Compensation Program
SEC. 3151. COVERAGE OF INDIVIDUALS EMPLOYED AT ATOMIC WEAPONS EMPLOYER
FACILITIES DURING PERIODS OF RESIDUAL CONTAMINATION.
(a) Coverage.--Paragraph (3) of section 3621 of the Energy
Employees Occupational Illness Compensation Program Act of 2000 (title
XXXVI of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106-398); 42 U.S.C.
7384l) is amended to read as follows:
``(3) The term `atomic weapons employee' means any of the
following:
``(A) An individual employed by an atomic weapons
employer during a period when the employer was
processing or producing, for the use by the United
States, material that emitted radiation and was used in
the production of an atomic weapon, excluding uranium
mining and milling.
``(B) An individual employed--
``(i) at a facility with respect to which
the National Institute for Occupational Safety
and Health, in its report dated October 2003
and titled `Report on Residual Radioactive and
Beryllium Contamination at Atomic Weapons
Employer Facilities and Beryllium Vendor
Facilities', or any update to that report,
found that there is a potential for significant
residual contamination outside of the period in
which weapons-related production occurred;
``(ii) by an atomic weapons employer or
subsequent owner or operators of a facility
described in clause (i); and
``(ii) during a period, as specified in
such report or any update to such report, of
potential for significant residual radioactive
contamination at such facility.''.
SEC. 3152. UPDATE OF REPORT ON RESIDUAL CONTAMINATION OF FACILITIES.
(a) Update of Report.--Not later than December 31, 2006, the
Director of the National Institute for Occupational Safety and Health
shall submit to Congress an update to the report required by section
3151(b) of the National Defense Authorization Act for Fiscal Year 2002
(Public Law 107-107; 42 U.S.C. 7384 note).
(b) Elements.--The update shall--
(1) for each facility for which such report found that
insufficient information was available to determine whether
significant residual contamination was present, determine
whether significant residual contamination was present;
(2) for each facility for which such report found that
significant residual contamination remained present as of the
date of the report, determine the date on which such
contamination ceased to be present;
(3) for each facility for which such report found that
significant residual contamination was present but for which
the Director has been unable to determine the extent to which
such contamination is attributable to atomic weapons-related
activities, identify the specific dates of coverage
attributable to such activities and, in so identifying, presume
that such contamination is attributable to such activities
until there is evidence of decontamination of residual
contamination identified with atomic weapons-related
activities; and
(4) if new information that pertains to the report has been
made available to the Director since that report was submitted,
identify and describe such information.
(c) Publication.--The Director shall ensure that the report
referred to in subsection (a) is published in the Federal Register not
later than 15 days after being released.
SEC. 3153. WORKERS COMPENSATION.
(a) In General.--Subtitle D of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (title XXXVI of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398); 42 U.S.C. 7385o) is amended to
read as follows:
``Subtitle D--Workers Compensation
``SEC. 3661. COVERED DEPARTMENT OF ENERGY CONTRACTOR EMPLOYEES.
``(a) In General.--In this subtitle, the term `covered Department
of Energy contractor employee' means any Department of Energy
contractor employee determined under section 3663 to have contracted an
occupational illness or covered illness through exposure at a
Department of Energy facility.
``(b) Exclusion of Illness Through Exposure After Commencement of
New Program.--For purposes of this subtitle, an occupational illness or
covered illness shall not include any illness contracted by a
Department of Energy contractor employee through exposure at a
Department of Energy facility if the exposure occurs after the date of
the enactment of the National Defense Authorization Act for Fiscal Year
2005.
``SEC. 3662. WORKERS COMPENSATION.
``(a) In General.--Except as provided in subsection (b), a covered
Department of Energy contractor employee, or the survivor of a covered
Department of Energy contractor employee if the covered Department of
Energy contractor employee is deceased, shall receive workers
compensation in an amount determined under section 3664.
``(b) Election To Proceed Under State Workers' Compensation
System.--(1) A Department of Energy contractor employee otherwise
covered by this section may elect to seek workers' compensation under
the appropriate State workers' compensation system for the occupational
illness or covered illness of the covered Department of Energy
contractor employee rather than seek workers compensation for the
occupational illness or covered illness, as the case may be, under this
subtitle.
``(2) Any Department of Energy contractor employee making an
election under paragraph (1) who becomes entitled to workers'
compensation under the appropriate State workers' compensation system
following an election under that paragraph is not entitled to receive
workers compensation under this subtitle.
``(c) Funding.--The Secretary of Labor shall make payments of
workers compensation under this section from amounts authorized to be
appropriated for such purpose under section 3670.
``SEC. 3663. DETERMINATIONS REGARDING CONTRACTION OF OCCUPATIONAL OR
COVERED ILLNESSES.
``(a) Employees Covered by Previous Determination of Entitlement to
Compensation and Benefits.--(1) A Department of Energy contractor
employee who has been determined to be entitled to compensation and
benefits for an occupational illness contracted in the performance of
duty at a Department of Energy facility under subtitle B shall be
treated as having contracted the occupational illness through exposure
at the Department of Energy facility for purposes of this subtitle.
``(2) A determination, pursuant to activities under paragraph (2)
of section 3163(d) of the National Defense Authorization Act for Fiscal
Year 2005 before or during the period of transition of administration
of this subtitle to the Department of Labor under paragraph (1) of such
section, that an individual contracted an occupational illness through
exposure at a Department of Energy facility for purposes of this
subtitle shall be valid for purposes of this subtitle.
``(b) Other Employees.--In the case of a Department of Energy
contractor employee not previously covered by a determination described
in subsection (a) with respect to an occupational illness, the
Department of Energy contractor employee shall be determined to have
contracted an illness (in this subtitle referred to as a `covered
illness') through exposure at a Department of Energy facility for
purposes of this subtitle if--
``(1) it is at least as likely as not that exposure to a
toxic substance was a significant factor in aggravating,
contributing to, or causing the illness; and
``(2) it is at least as likely as not that the exposure to
such toxic substance was related to employment at a Department
of Energy facility.
``(c) Determinations Regarding Employees Not Previously Covered by
Determination of Entitlement.--(1) The Secretary of Labor shall make
each determination under subsection (b) as to whether or not a
Department of Energy contractor employee described in that subsection
contracted a covered illness related to employment at a Department of
Energy facility.
``(2) The Secretary may utilize the services of physicians for
purposes of making determinations under this subsection. Any physicians
so utilized shall possess appropriate expertise and experience in the
evaluation and diagnosis of illnesses aggravated, contributed to, or
caused by exposure to toxic substances.
``(3) The Secretary may secure the services of physicians under
this subsection through the appointment of physicians or by contract.
``(4) The Secretary shall consult with the Secretary of Health and
Human Services before utilizing the services of physicians for purposes
of making determinations under this subsection.
``SEC. 3664. AMOUNT OF WORKERS COMPENSATION.
``(a) In General.--The amount of workers compensation payable to a
covered Department of Energy contractor employee, or the eligible
survivors of a covered Department of Energy contractor employee, for an
occupational illness or covered illness under section 3662 is the
amount of workers' compensation to which the Department of Energy
contractor employee, or the eligible survivors, respectively, would
otherwise be entitled for the occupational illness or covered illness,
as the case may be, under the appropriate State workers' compensation
system.
``(b) Inapplicability of Certain State Workers' Compensation System
Limitations.--The amount of workers' compensation to which a covered
Department of Energy contractor employee would otherwise be entitled
under subsection (a) shall be determined without regard to any
requirements under the appropriate State workers' compensation system
for each of the following:
``(1) Statutes of limitation, or other rules limiting
compensation to claims filed within a specified period after
last exposure to a toxic substance or after last employment by
an employer where the employee was exposed to a toxic
substance.
``(2) Exposure rules, including minimum periods of exposure
to toxic substances.
``(3) Causation rules more stringent that the standard in
section 3663(b).
``(4) Burdens of proof, quantum of proof standards, or both
more stringent than the standard in section 3663(b).
``(5) Return to work requirements, including obligations to
participate in vocational rehabilitation and medical
examinations connected with the ability to return to work.
``(6) Medical examinations in addition to medical
examinations required by the Secretary of Labor for the
application of section 3663 in determining causation or
required by the Secretary of Labor for the application of
subsection (c) in determining the amount of workers'
compensation payable.
``(c) Determination of Amount.--(1) The Secretary of Labor shall
determine the amount of workers compensation payable to each covered
Department of Energy contractor employee under section 3662.
``(2)(A) The Secretary may utilize the assistance of the workers'
compensation system personnel of any State in making determinations
under paragraph (1).
``(B) The utilization of assistance under subparagraph (A) shall be
in accordance with an agreement entered into by the Secretary and the
chief executive officer of the State concerned.
``(C) An agreement under subparagraph (B) may provide for the
Secretary to reimburse the State concerned for the costs of the State
in providing assistance under the agreement.
``(3)(A) The Secretary may utilize the services of physicians for
purposes of making determinations under this subsection.
``(B) Any physicians utilized under subparagraph (A) shall possess
appropriate expertise and experience in the evaluation and
determination of the extent of permanent physical impairments.
``(C) The Secretary may secure the services of physicians under
subparagraph (A) through the appointment of physicians or by contract.
``SEC. 3665. MEDICAL BENEFITS.
``(a) In General.--A Department of Energy contractor employee
eligible for workers compensation for an occupational illness or
covered illness under this subtitle shall be furnished medical benefits
specified in section 3629 for the occupational illness or covered
illness, as the case may be, to the same extent, and under the same
conditions and limitations, as an individual eligible for medical
benefits under that section is furnished medical benefits under that
section.
``(b) Funding.--Amounts for payments for medical benefits under
this section shall be derived from amounts authorized to be
appropriated for such purpose under section 3670.
``SEC. 3666. REVIEW OF CERTAIN DETERMINATIONS.
``(a) Status as Department of Energy Contractor Employee.--An
individual may seek the review of a determination that the individual
is not a Department of Energy contractor employee.
``(b) Eligibility and Amount of Workers Compensation.--A Department
of Energy contractor employee may seek the review of any determination
as follows:
``(1) A determination under section 3663(b) that the
Department of Energy contractor employee is not a covered
Department of Energy contractor employee.
``(2) A determination under 3664 of the amount of workers
compensation payable to the Department of Energy contractor
employee under section 3662.
``(c) Review.--(1) The review of a determination under subsection
(a) or (b) shall be conducted by the Secretary of Labor in accordance
with procedures applicable for the review of claims under sections
30.310 through 30.320 of title 20, Code of Federal Regulations, or any
successor regulations.
``(2)(A) The review of a determination under subsection (b)(1)
shall include review by a physician or physician panel.
``(B) Each physician or physician on a panel under subparagraph (A)
shall be a physician with experience and competency in diagnosing
illnesses aggravated, contributed to, or caused by exposure to toxic
substances.
``(C) The Secretary of Labor may investigate any allegation that a
physician appointed under this paragraph has a conflict of interest. If
the Secretary of Labor determines that a conflict of interest exists,
the Secretary shall notify the Secretary of Health and Human Services,
who shall review the allegation.
``(D) Each review by a physician or physician panel under
subparagraph (A) shall be conducted in accordance with such procedures
as the Secretary shall prescribe.
``(3)(A) The results of each review under this subsection shall be
submitted to the Secretary.
``(B) The Secretary shall accept the results of any portion of a
review under this subsection that consists of a review by a physician
or physician panel under paragraph (2) unless there is substantial
evidence to the contrary.
``(d) Reversal of Determinations.--Except as provided in subsection
(c)(3)(B), the Secretary of Labor may vacate or reverse any
determination described in subsection in subsection (a) or (b) if the
Secretary determines, as the result of a review of such determination
under subsection (c), that such determination was erroneous.
``SEC. 3667. ATTORNEY FEES.
``(a) In General.--Except as provided in subsection (b), the
provisions of section 3648 shall apply to the availability of attorney
fees for assistance on a claim under this subtitle to the same extent,
and subject to the same conditions and limitations, that such
provisions apply to the availability of attorney fees for assistance on
a claim under subtitle B.
``(b) Attorney Fee Schedule.--(1) The Secretary of Labor may, by
regulation, modify the application of section 3648 to the availability
of attorney fees under this subtitle to establish a schedule for
attorney fees under this subtitle that will ensure representation of
claimants and appropriate compensation for such representation.
``(2) The amount of attorney fees for assistance on claims under
the schedule of attorney fees shall take into appropriate account the
nature and complexity of the legal issues involved in such claims and
the procedural level at which assistance is given.
``SEC. 3668. ADMINISTRATIVE MATTERS.
``(a) In General.--The Secretary of Labor shall administer the
provisions of this subtitle.
``(b) Contract Authority.--(1) The Secretary may enter into
contracts with appropriate persons and entities in order to administer
the provisions of this subtitle.
``(2) The authority of the Secretary to enter into contracts under
this subtitle shall be effective in any fiscal year only to the extent
and in such amount as are provided in advance in appropriations Acts.
``(c) Records.--(1)(A) The Secretary of Energy shall provide to the
Secretary of Labor all records, files, and other data, whether paper,
electronic, imaged, or otherwise, developed by the Secretary of Energy
that are applicable to the administration of the provisions of this
subtitle by the Secretary of Labor, including records, files, and data
on facility industrial hygiene, employment of individuals or groups,
exposure and medical records, and claims applications.
``(B) In providing records, files, and other data under this
paragraph, the Secretary of Energy shall preserve the current
organization of such records, files, and other data, and shall provide
such description and indexing of such records, files, and other data as
the Secretary of Energy and the Secretary of Labor jointly consider
appropriate to facilitate their use by the Secretary of Labor for
purposes of this subtitle.
``(2) The Secretary of Energy and the Secretary of Labor shall
jointly undertake such actions as are appropriate to retrieve records
applicable to the claims of Department of Energy contractor employees
for workers compensation under this subtitle, including employment
records, records of exposure to beryllium, radiation, silicon, or
metals or volatile organic chemicals, and records regarding medical
treatment.
``(d) Regulations.--The Secretary of Labor shall prescribe
regulations necessary for the administration of the provisions of this
subtitle.
``SEC. 3669. OFFICE OF OMBUDSMAN.
``(a) Establishment.--There is established in the Department of
Labor an office to be known as the `Office of the Ombudsman' (in this
section referred to as the `Office').
``(b) Head.--The head of the Office shall be the Ombudsman. The
individual serving as Ombudsman shall be either of the following:
``(1) An officer or employee of the Department of Labor
designated by the Secretary for purposes of this section from
among officers and employees of the Department who have
experience and expertise necessary to carry out the duties of
the Office specified in subsection (c).
``(2) An individual employed by the Secretary from the
private sector from among individuals in the private sector who
have experience and expertise necessary to carry out the duties
of the Office specified in subsection (c).
``(c) Duties.--The duties of the Office shall be as follows:
``(1) To assist individuals in making claims under this
subtitle.
``(2) To provide information on the benefits available
under this subtitle and on the requirements and procedures
applicable to the provision of such benefits.
``(3) To act as an advocate on behalf of individuals
seeking benefits under this subtitle.
``(4) To make recommendations to the Secretary regarding
the location of centers (to be known as `resource centers') for
the acceptance and development of claims for benefits under
this subtitle.
``(5) To carry out such other duties with respect to this
subtitle as the Secretary shall specify for purposes of this
section.
``(d) Independent Office.--The Secretary shall take appropriate
actions to ensure the independence of the Office within the Department
of Labor, including independence from other officers and employees of
the Department engaged in activities relating to the administration of
the provisions of this subtitle.
``(e) Annual Report.--(1) Not later than February 15 each year, the
Ombudsman shall submit to Congress a report on activities under this
subtitle.
``(2) Each report under paragraph (1) shall set forth the
following:
``(A) The number and types of complaints, grievances, and
requests for assistance received by the Ombudsman under this
subtitle during the preceding year.
``(B) An assessment of the most common difficulties
encountered by claimants and potential claimants under this
subtitle during the preceding year.
``(C) Such recommendations as the Ombudsman considers
appropriate for the improvement of the practices of the
Department of Labor in administering this subtitle.
``(D) Such recommendations at the Ombudsman considers
appropriate for modifying the authorities and requirements of
this subtitle in order to better address the workers
compensation interests of covered Department of Energy
contractor employees and others, as determined by the
Ombudsman, meriting benefits under this subtitle.
``(3) No official of the Department of Labor, or of any other
department or agency of the Federal Government, may require the review
or approval of a report of the Ombudsman under this subsection before
the submittal of such report to Congress.
``(f) Outreach.--The Secretary of Labor and the Secretary of Health
and Human Services shall each undertake outreach to advise the public
of the existence and duties of the Office.
``SEC. 3670. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Labor for fiscal year 2005 and each
fiscal year thereafter such sums as may be necessary in such fiscal
year for--
``(1) the provision of compensation and benefits under this
subtitle; and
``(2) the administration of the provisions of this
subtitle.
``(b) Availability Without Fiscal Year Limitation.--Amounts
authorized to be appropriated by subsection (a) shall remain available
without fiscal year limitation.
``(c) Availability of Amounts Subject to Appropriations Acts.--The
authority to provide compensation and benefits under this subtitle
shall be effective in any fiscal year only to the extent and in such
amounts as are provided in advance in appropriations Acts.''.
(b) Conforming Amendment.--Section 3643 of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385b)
is amended by striking ``The acceptance'' and inserting ``Except as
provided in subtitle D, the acceptance''.
(c) Regulations.--The Secretary of Labor shall prescribe the
regulations required by section 3668(d) of the Energy Employees
Occupational Illness Compensation Program Act of 2000, as amended by
this section, not later than 120 days after the date of the enactment
of this Act. The Secretary may prescribe interim final regulations
necessary to meet the deadlines specified in the preceding sentence and
subsection (d)(1).
(d) Transition.--(1) The Secretary of Labor shall commence the
administration of the provisions of subtitle D of the Energy Employees
Occupational Illness Compensation Program Act of 2000, as amended by
this section, not later than 180 days after the date of the enactment
of this Act.
(2) The Secretary of Energy and the Secretary of Labor shall
jointly take such actions as are appropriate--
(A) to identify the activities under subtitle D of the
Energy Employees Occupational Illness Compensation Program Act
of 2000, as in effect on the day before the date of the
enactment of this Act, that will continue under that subtitle,
as amended by this section, upon the commencement of the
administration of that subtitle, as so amended, by the
Secretary of Labor under paragraph (1); and
(B) to ensure the continued discharge of such activities
until the commencement of the administration of that subtitle,
as so amended, by the Secretary of Labor under paragraph (1).
(3)(A) In carrying out activities under paragraph (2), the
Secretary of Energy shall only conduct a causation review on a claim if
the claim is completely prepared and awaiting review as of the date of
the enactment of this Act.
(B) Activities under paragraph (2) on any claim covered by such
activities that is not described by subparagraph (A) shall be carried
out by the Secretary of Labor.
(e) Provision of Records.--The Secretary of Energy shall, to the
maximum extent practicable, complete the provision of records to the
Secretary of Labor under section 3668(c)(1) of the Energy Employees
Occupational Illness Compensation Program Act of 2000, as amended by
this section, not later than 60 days after the date of the enactment of
this Act.
(f) Site Profiles.--(1)(A) The Secretary of Labor shall prepare a
site profile for each of the 14 Department of Energy facilities that
have received the most number of claims for compensation and benefits
under subtitle D of the Energy Employees Occupational Illness
Compensation Program Act of 2000 as of the date of the enactment of
this Act.
(B) The Secretary of Labor shall prepare a site profile under
subparagraph (A) utilizing the former worker medical screening programs
of the Department of Energy.
(2) If the Secretary of Labor determines that the preparation of a
site profile for a facility cannot be performed under paragraph (1)
because no worker medical screening activities occurred for the
facility, or that preparation of the profile is otherwise
impracticable, the site profile for the facility shall be prepared by
the National Institute of Occupational Safety and Health.
(3) All site profiles required by this subsection shall be
completed not later than 210 days after the date of the enactment of
this Act.
(4) The Secretary of Energy shall provide the Secretary of Labor
with any support that the Secretary of Labor considers necessary for
carrying out this subsection.
(5) In this subsection, the term ``site profile'', in the case of a
Department of Energy facility, means an exposure assessment that--
(A) identifies any processes and toxic substances used in
the facility;
(B) establishes the times in which such toxic substances
were used in the facility; and
(C) establishes the degree of exposure to such toxic
substances taking into account available records and studies
and information on such processes and toxic substances.
(g) Sense of Congress.--It is the sense of Congress that the
Secretary of Energy should--
(1) adopt a policy not to oppose any final positive
determinations with respect to injured workers at Department of
Energy facilities and atomic weapons employer facilities under
State adjudication systems unless such determinations are
frivolous; and
(2) incorporate the policy referred to in paragraph (1) in
all Department of Energy contracts with non-Federal government
entities to which such policy could apply.
(h) Funding for Administration in Fiscal Year 2005.--(1) Of the
amount authorized to be appropriated for fiscal year 2005 by section
3102(a)(1) for environmental management for defense site acceleration
completion, $2,000,000 shall be available for purposes of the
administration of the provisions of subtitle D of the Energy Employees
Occupational Illness Compensation Program Act of 2000, as amended by
this section, during fiscal year 2005.
(2) The Secretary of Energy shall transfer to the Secretary of
Labor the amount available under paragraph (1) for the purposes
specified in that paragraph.
(3) The Secretary of Labor shall utilize amounts transferred to the
Secretary under paragraph (2) for the purposes specified in paragraph
(1).
SEC. 3154. TERMINATION OF EFFECT OF OTHER ENHANCEMENTS OF ENERGY
EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM.
Notwithstanding any other provision of this Act, section 3143,
relating to enhancements of the Energy Employees Occupational Illness
Compensation Program, shall have no force or effect, and the amendments
specified in such section shall not be made.
SEC. 3155. SENSE OF SENATE ON RESOURCE CENTER FOR ENERGY EMPLOYEES
UNDER ENERGY EMPLOYEE OCCUPATIONAL ILLNESS COMPENSATION
PROGRAM IN WESTERN NEW YORK AND WESTERN PENNSYLVANIA
REGION.
(a) Findings.--The Senate makes the following findings:
(1) New York has 36 current or former Department of Energy
facilities involved in nuclear weapons production-related
activities statewide, mostly atomic weapons employer
facilities, and 14 such facilities in western New York. Despite
having one of the greatest concentrations of such facilities in
the United States, western New York, and abutting areas of
Pennsylvania, continue to be severely underserved by the Energy
Employees Occupational Illness Compensation Program under the
Energy Employees Occupational Illness Compensation Program Act
of 2000 (title XXXVI of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398); 42 U.S.C. 7384 et seq.).
(2) The establishment of a permanent resource center in
western New York would represent a substantial step toward
improving services under the Energy Employees Occupational
Illness Compensation Program for energy employees in this
region.
(3) The number of claims submitted to the Department under
subtitle B of the Energy Employees Occupational Illness
Compensation Program Act of 2000 from the western New York
region, including western Pennsylvania, exceeds the number of
such claims filed at resource centers in Hanford, Washington,
Portsmouth, Ohio, Los Alamos, New Mexico, the Nevada Test Site,
Nevada, the Rocky Flats Environmental Technology Site,
Colorado, the Idaho National Engineering Laboratory, Idaho, and
the Amchitka Test Site, Alaska.
(4) Energy employees in the western New York region,
including western Pennsylvania, deserve assistance under
subtitle B of the Energy Employees Occupational Illness
Compensation Program Act of 2000 commensurate with the
assistance provided energy employees at other locations in the
United States.
(b) Sense of Senate.--It is the sense of the Senate to encourage
the Office of Ombudsman of the Department of Labor, as established by
section 3669 of the Energy Employees Occupational Illness Compensation
Program Act of 2000 (as amended by section 3163 of this Act), to--
(1) review the availability of assistance under subtitle B
of the Energy Employees Occupational Illness Compensation
Program Act of 2000 for energy employees in the western New
York region, including western Pennsylvania; and
(2) recommend a location in that region for a resource
center to provide such assistance to such energy employees.
SEC. 3156. REVIEW BY CONGRESS OF INDIVIDUALS DESIGNATED BY PRESIDENT AS
MEMBERS OF COHORT.
Section 3621(14)(C)(ii) of that Act (42 U.S.C. 10 7384l(14)(C)(ii))
is amended by striking ``180 days'' and inserting ``60 days.''
SEC. 3157. INCLUSION OF CERTAIN FORMER NUCLEAR WEAPONS PROGRAM WORKERS
IN SPECIAL EXPOSURE COHORT UNDER THE ENERGY EMPLOYEES
OCCUPATIONAL ILLNESS COMPENSATION PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) Energy workers at the former Mallinkrodt facilities
(including the St. Louis downtown facility and the Weldon
Springs facility) were exposed to levels of radionuclides and
radioactive materials that were much greater than the current
maximum allowable Federal standards.
(2) The Mallinkrodt workers at the St. Louis site were
exposed to excessive levels of airborne uranium dust relative
to the standards in effect during the time, and many workers
were exposed to 200 times the preferred levels of exposure.
(3)(A) The chief safety officer for the Atomic Energy
Commission during the Mallinkrodt-St. Louis operations
described the facility as 1 of the 2 worst plants with respect
to worker exposures.
(B) Workers were excreting in excess of a milligram of
uranium per day causing kidney damage.
(C) A recent epidemiological study found excess levels of
nephritis and kidney cancer from inhalation of uranium dusts.
(4) The Department of Energy has admitted that those
Mallinkrodt workers were subjected to risks and had their
health endangered as a result of working with these highly
radioactive materials.
(5) The Department of Energy reported that workers at the
Weldon Springs feed materials plant handled plutonium and
recycled uranium, which are highly radioactive.
(6) The National Institute of Occupational Safety and
Health admits that--
(A) the operations at the St. Louis downtown site
consisted of intense periods of processing extremely
high levels of radionuclides; and
(B) the Institute has virtually no personal
monitoring data for Mallinkrodt workers prior to 1948.
(7) The National Institute of Occupational Safety and
Health has informed claimants and their survivors at those 3
Mallinkrodt sites that if they are not interviewed as a part of
the dose reconstruction process, it--
(A) would hinder the ability of the Institute to
conduct dose reconstruction for the claimant; and
(B) may result in a dose reconstruction that
incompletely or inaccurately estimates the radiation
dose to which the energy employee named in the claim
had been exposed.
(8) Energy workers at the Iowa Army Ammunition Plant (also
known as the Burlington Atomic Energy Commission Plant and the
Iowa Ordnance Plant) between 1947 and 1975 were exposed to
levels of radionuclides and radioactive material, including
enriched uranium, plutonium, tritium, and depleted uranium, in
addition to beryllium and photon radiation, that are greater
than the current maximum Federal standards for exposure.
(9) According to the National Institute of Occupational
Safety and Health--
(A) between 1947 and 1975, no records, including
bioassays or air samples, have been located that
indicate any monitoring occurred of internal doses of
radiation to which workers described in paragraph (8)
were exposed;
(B) between 1947 and 1955, no records, including
dosimetry badges, have been located to indicate that
any monitoring occurred of the external doses of
radiation to which such workers were exposed;
(C) between 1955 and 1962, records indicate that
only 8 to 23 workers in a workforce of over 1,000 were
monitored for external radiation doses; and
(D) between 1970 and 1975, the high point of
screening at the Iowa Army Ammunition Plant, only 25
percent of the workforce was screened for exposure to
external radiation.
(10) The Department of Health and Human Services published
the first notice of proposed rulemaking concerning the Special
Exposure Cohort on June 25, 2002, and the final rule published
on May 26, 2004.
(11) Many of those former workers have died while waiting
for the proposed rule to be finalized, including some claimants
who were waiting for dose reconstruction to be completed.
(12) Because of the aforementioned reasons, including the
serious lack of records and the death of many potential
claimants, it is not feasible to conduct valid dose
reconstructions for the Iowa Army Ammunition Plant facility or
the Mallinkrodt facilities.
(b) Inclusion of Certain Former Workers in Cohort.--Section
3621(14) of the Energy Employees Occupational Illness Compensation
Program Act of 2000 (title XXXVI of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398); 42 U.S.C. 7384l(14)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) Subject to the provisions of section 3612A
and section 3146(e) of the National Defense
Authorization Act for Fiscal Year 2005, the employee
was so employed for a number of work days aggregating
at least 45 workdays at a facility operated under
contract to the Department of Energy by Mallinkrodt
Incorporated or its successors (including the St. Louis
downtown or `Destrehan' facility during any of calendar
years 1942 through 1958 and the Weldon Springs feed
materials plant facility during any of calendar years
1958 through 1966), or at a facility operated by the
Department of Energy or under contract by Mason &
Hangar-Silas Mason Company at the Iowa Army Ammunition
Plant (also known as the Burlington Atomic Energy
Commission Plant and the Iowa Ordnance Plant) during
any of the calendar years 1947 through 1975, and during
the employment--
``(i)(I) was monitored through the use of
dosimetry badges for exposure at the plant of
the external parts of an employee's body to
radiation; or
``(II) was monitored through the use of
bioassays, in vivo monitoring, or breath
samples for exposure at the plant to internal
radiation; or
``(ii) worked in a job that had exposures
comparable to a job that is monitored, or
should have been monitored, under standards of
the Department of Energy in effect on the date
of enactment of this subparagraph through the
use of dosimetry badges for monitoring external
radiation exposures, or bioassays, in vivo
monitoring, or breath samples for internal
radiation exposures, at a facility.''.
(c) Funding of Compensation and Benefits.--(1) Such Act is further
amended by inserting after section 3612 the following new section:
``SEC. 3612A. FUNDING FOR COMPENSATION AND BENEFITS FOR CERTAIN MEMBERS
OF THE SPECIAL EXPOSURE COHORT.
``(a) Authorization of Appropriations.--There is hereby authorized
to be appropriated to the Department of Labor for each fiscal year
after fiscal year 2004 such sums as may be necessary for the provision
of compensation and benefits under the compensation program for members
of the Special Exposure Cohort described in section 3621(14)(C) in such
fiscal year.
``(b) Prohibition on Use for Administrative Costs.--(1) No amount
authorized to be appropriated by subsection (a) may be utilized for
purposes of carrying out the compensation program for the members of
the Special Exposure Cohort referred to in that subsection or
administering the amount authorized to be appropriated by subsection
(a).
``(2) Amounts for purposes described in paragraph (1) shall be
derived from amounts authorized to be appropriated by section 3614(a).
``(c) Provision of Compensation and Benefits Subject to
Appropriations Acts.--The provision of compensation and benefits under
the compensation program for members of the Special Exposure Cohort
referred to in subsection (a) in any fiscal year shall be subject to
the availability of appropriations for that purpose for such fiscal
year and to applicable provisions of appropriations Acts.''.
(2) Section 3612(d) of such Act (42 U.S.C. 7384e(d)) is amended--
(A) by inserting ``(1)'' before ``Subject''; and
(B) by adding at the end the following new paragraph:
``(2) Amounts for the provision of compensation and benefits under
the compensation program for members of the Special Exposure Cohort
described in section 3621(14)(C) may be derived from amounts authorized
to be appropriated by section 3612A(a).''.
(d) Offset.--The total amount authorized to be appropriated under
subtitle A of this title is hereby reduced by $61,000,000.
(e) Certification.--Funds shall be available to pay claims approved
by the National Institute of Occupational Safety and Health for a
facility by reason of section 3621(14)(C) of the Energy Employees
Occupational Illness Compensation Program Act of 2000, as amended by
subsection (b)(2), if the Director of the National Institute of
Occupational Safety and Health certifies with respect to such facility
each of the following:
(1) That no atomic weapons work or related work has been
conducted at such facility after 1976.
(2) That fewer than 50 percent of the total number of
workers engaged in atomic weapons work or related work at such
facility were accurately monitored for exposure to internal and
external ionizing radiation during the term of their
employment.
(3) That individual internal and external exposure records
for employees at such facility are not available, or the
exposure to radiation of at least 40 percent of the exposed
workers at such facility cannot be determined from the
individual internal and external exposure records that are
available.
(f) Sense of the Senate.--It is the sense of the Senate that all
employees who are eligible to apply for benefits under the compensation
program established by the Energy Employees Occupational Illness
Compensation Act should be treated fairly and equitably with regard to
inclusion under the special exposure cohort provisions of this Act.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2005,
$21,268,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
SEC. 3301. DISPOSAL OF FERROMANGANESE.
(a) Disposal Authorized.--The Secretary of Defense may dispose of
up to 50,000 tons of ferromanganese from the National Defense Stockpile
during fiscal year 2005.
(b) Contingent Authority for Additional Disposal.--After the
disposal of ferromanganese authorized by subsection (a)--
(1) the Secretary may dispose of up to an additional 25,000
tons of ferromanganese from the National Defense Stockpile
before September 30, 2005; and
(2) if the Secretary completes the disposal authorized by
paragraph (1) before September 30, 2005, the Secretary may
dispose of up to an additional 25,000 tons of ferromanganese
from the National Defense Stockpile before that date.
(c) Certification.--The Secretary may dispose of ferromanganese
under paragraph (1) or (2) of subsection (b) only if the Secretary,
with the concurrence of the Secretary of Commerce, certifies to the
congressional defense committees not later than 30 days before the
commencement of disposal under the applicable paragraph that--
(1) the disposal of ferromanganese under such paragraph is
in the national interest due to extraordinary circumstances in
markets for ferromanganese;
(2) the disposal of ferromanganese under such paragraph
will not cause undue harm to domestic manufacturers of
ferroalloys; and
(3) the disposal of ferromanganese under such paragraph is
consistent with the requirements and purpose of the National
Defense Stockpile under the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98 et seq.).
(d) Delegation of Responsibility.--The Secretary of Defense and the
Secretary of Commerce may each delegate the responsibility of such
Secretary under subsection (c) to an appropriate official within the
Department of Defense or the Department of Commerce, as the case may
be.
(e) National Defense Stockpile Defined.--In this section, the term
``National Defense Stockpile'' means the stockpile provided for in
section 4 of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c).
SEC. 3302. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR CERTAIN
PREVIOUSLY AUTHORIZED DISPOSALS FROM THE NATIONAL DEFENSE
STOCKPILE.
Section 3303(a) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (50 U.S.C. 98d note) is
amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(6) $870,000,000 by the end of fiscal year 2014.''.
SEC. 3303. PROHIBITION ON STORAGE OF MERCURY AT CERTAIN FACILITIES.
(a) Prohibition.--The Secretary of Defense may not store mercury
from the National Defense Stockpile at any facility that is not owned
or leased by the United States.
(b) National Defense Stockpile Defined.--In this section, the term
``National Defense Stockpile'' means the stockpile provided for in
section 4 of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c).
TITLE XXXIV--LOCAL LAW ENFORCEMENT ENHANCEMENT ACT.
SEC. 3401. SHORT TITLE.
This title may be cited as the ``Local Law Enforcement Enhancement
Act of 2004''.
SEC. 3402. FINDINGS.
Congress makes the following findings:
(1) The incidence of violence motivated by the actual or
perceived race, color, religion, national origin, gender,
sexual orientation, or disability of the victim poses a serious
national problem.
(2) Such violence disrupts the tranquility and safety of
communities and is deeply divisive.
(3) State and local authorities are now and will continue
to be responsible for prosecuting the overwhelming majority of
violent crimes in the United States, including violent crimes
motivated by bias. These authorities can carry out their
responsibilities more effectively with greater Federal
assistance.
(4) Existing Federal law is inadequate to address this
problem.
(5) The prominent characteristic of a violent crime
motivated by bias is that it devastates not just the actual
victim and the family and friends of the victim, but frequently
savages the community sharing the traits that caused the victim
to be selected.
(6) Such violence substantially affects interstate commerce
in many ways, including--
(A) by impeding the movement of members of targeted
groups and forcing such members to move across State
lines to escape the incidence or risk of such violence;
and
(B) by preventing members of targeted groups from
purchasing goods and services, obtaining or sustaining
employment, or participating in other commercial
activity.
(7) Perpetrators cross State lines to commit such violence.
(8) Channels, facilities, and instrumentalities of
interstate commerce are used to facilitate the commission of
such violence.
(9) Such violence is committed using articles that have
traveled in interstate commerce.
(10) For generations, the institutions of slavery and
involuntary servitude were defined by the race, color, and
ancestry of those held in bondage. Slavery and involuntary
servitude were enforced, both prior to and after the adoption
of the 13th amendment to the Constitution of the United States,
through widespread public and private violence directed at
persons because of their race, color, or ancestry, or perceived
race, color, or ancestry. Accordingly, eliminating racially
motivated violence is an important means of eliminating, to the
extent possible, the badges, incidents, and relics of slavery
and involuntary servitude.
(11) Both at the time when the 13th, 14th, and 15th
amendments to the Constitution of the United States were
adopted, and continuing to date, members of certain religious
and national origin groups were and are perceived to be
distinct ``races''. Thus, in order to eliminate, to the extent
possible, the badges, incidents, and relics of slavery, it is
necessary to prohibit assaults on the basis of real or
perceived religions or national origins, at least to the extent
such religions or national origins were regarded as races at
the time of the adoption of the 13th, 14th, and 15th amendments
to the Constitution of the United States.
(12) Federal jurisdiction over certain violent crimes
motivated by bias enables Federal, State, and local authorities
to work together as partners in the investigation and
prosecution of such crimes.
(13) The problem of crimes motivated by bias is
sufficiently serious, widespread, and interstate in nature as
to warrant Federal assistance to States and local
jurisdictions.
SEC. 3403. DEFINITION OF HATE CRIME.
In this title, the term ``hate crime'' has the same meaning as in
section 280003(a) of the Violent Crime Control and Law Enforcement Act
of 1994 (28 U.S.C. 994 note).
SEC. 3404. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY
STATE AND LOCAL LAW ENFORCEMENT OFFICIALS.
(a) Assistance Other Than Financial Assistance.--
(1) In general.--At the request of a law enforcement
official of a State or Indian tribe, the Attorney General may
provide technical, forensic, prosecutorial, or any other form
of assistance in the criminal investigation or prosecution of
any crime that--
(A) constitutes a crime of violence (as defined in
section 16 of title 18, United States Code);
(B) constitutes a felony under the laws of the
State or Indian tribe; and
(C) is motivated by prejudice based on the race,
color, religion, national origin, gender, sexual
orientation, or disability of the victim, or is a
violation of the hate crime laws of the State or Indian
tribe.
(2) Priority.--In providing assistance under paragraph (1),
the Attorney General shall give priority to crimes committed by
offenders who have committed crimes in more than 1 State and to
rural jurisdictions that have difficulty covering the
extraordinary expenses relating to the investigation or
prosecution of the crime.
(b) Grants.--
(1) In general.--The Attorney General may award grants to
assist State, local, and Indian law enforcement officials with
the extraordinary expenses associated with the investigation
and prosecution of hate crimes.
(2) Office of justice programs.--In implementing the grant
program, the Office of Justice Programs shall work closely with
the funded jurisdictions to ensure that the concerns and needs
of all affected parties, including community groups and
schools, colleges, and universities, are addressed through the
local infrastructure developed under the grants.
(3) Application.--
(A) In general.--Each State that desires a grant
under this subsection shall submit an application to
the Attorney General at such time, in such manner, and
accompanied by or containing such information as the
Attorney General shall reasonably require.
(B) Date for submission.--Applications submitted
pursuant to subparagraph (A) shall be submitted during
the 60-day period beginning on a date that the Attorney
General shall prescribe.
(C) Requirements.--A State or political subdivision
of a State or tribal official applying for assistance
under this subsection shall--
(i) describe the extraordinary purposes for
which the grant is needed;
(ii) certify that the State, political
subdivision, or Indian tribe lacks the
resources necessary to investigate or prosecute
the hate crime;
(iii) demonstrate that, in developing a
plan to implement the grant, the State,
political subdivision, or tribal official has
consulted and coordinated with nonprofit,
nongovernmental victim services programs that
have experience in providing services to
victims of hate crimes; and
(iv) certify that any Federal funds
received under this subsection will be used to
supplement, not supplant, non-Federal funds
that would otherwise be available for
activities funded under this subsection.
(4) Deadline.--An application for a grant under this
subsection shall be approved or disapproved by the Attorney
General not later than 30 business days after the date on which
the Attorney General receives the application.
(5) Grant amount.--A grant under this subsection shall not
exceed $100,000 for any single jurisdiction within a 1 year
period.
(6) Report.--Not later than December 31, 2005, the Attorney
General shall submit to Congress a report describing the
applications submitted for grants under this subsection, the
award of such grants, and the purposes for which the grant
amounts were expended.
(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000 for
each of fiscal years 2005 and 2006.
SEC. 3405. GRANT PROGRAM.
(a) Authority To Make Grants.--The Office of Justice Programs of
the Department of Justice shall award grants, in accordance with such
regulations as the Attorney General may prescribe, to State and local
programs designed to combat hate crimes committed by juveniles,
including programs to train local law enforcement officers in
identifying, investigating, prosecuting, and preventing hate crimes.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 3406. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND
LOCAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of the
Treasury and the Department of Justice, including the Community
Relations Service, for fiscal years 2005, 2006, and 2007 such sums as
are necessary to increase the number of personnel to prevent and
respond to alleged violations of section 249 of title 18, United States
Code, as added by section __07.
SEC. 3407. PROHIBITION OF CERTAIN HATE CRIME ACTS.
(a) In General.--Chapter 13 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 249. Hate crime acts
``(a) In General.--
``(1) Offenses involving actual or perceived race, color,
religion, or national origin.--Whoever, whether or not acting
under color of law, willfully causes bodily injury to any
person or, through the use of fire, a firearm, or an explosive
or incendiary device, attempts to cause bodily injury to any
person, because of the actual or perceived race, color,
religion, or national origin of any person--
``(A) shall be imprisoned not more than 10 years,
fined in accordance with this title, or both; and
``(B) shall be imprisoned for any term of years or
for life, fined in accordance with this title, or both,
if--
``(i) death results from the offense; or
``(ii) the offense includes kidnaping or an
attempt to kidnap, aggravated sexual abuse or
an attempt to commit aggravated sexual abuse,
or an attempt to kill.
``(2) Offenses involving actual or perceived religion,
national origin, gender, sexual orientation, or disability.--
``(A) In general.--Whoever, whether or not acting
under color of law, in any circumstance described in
subparagraph (B), willfully causes bodily injury to any
person or, through the use of fire, a firearm, or an
explosive or incendiary device, attempts to cause
bodily injury to any person, because of the actual or
perceived religion, national origin, gender, sexual
orientation, or disability of any person--
``(i) shall be imprisoned not more than 10
years, fined in accordance with this title, or
both; and
``(ii) shall be imprisoned for any term of
years or for life, fined in accordance with
this title, or both, if--
``(I) death results from the
offense; or
``(II) the offense includes
kidnaping or an attempt to kidnap,
aggravated sexual abuse or an attempt
to commit aggravated sexual abuse, or
an attempt to kill.
``(B) Circumstances described.--For purposes of
subparagraph (A), the circumstances described in this
subparagraph are that--
``(i) the conduct described in subparagraph
(A) occurs during the course of, or as the
result of, the travel of the defendant or the
victim--
``(I) across a State line or
national border; or
``(II) using a channel, facility,
or instrumentality of interstate or
foreign commerce;
``(ii) the defendant uses a channel,
facility, or instrumentality of interstate or
foreign commerce in connection with the conduct
described in subparagraph (A);
``(iii) in connection with the conduct
described in subparagraph (A), the defendant
employs a firearm, explosive or incendiary
device, or other weapon that has traveled in
interstate or foreign commerce; or
``(iv) the conduct described in
subparagraph (A)--
``(I) interferes with commercial or
other economic activity in which the
victim is engaged at the time of the
conduct; or
``(II) otherwise affects interstate
or foreign commerce.
``(b) Certification Requirement.--No prosecution of any offense
described in this subsection may be undertaken by the United States,
except under the certification in writing of the Attorney General, the
Deputy Attorney General, the Associate Attorney General, or any
Assistant Attorney General specially designated by the Attorney General
that--
``(1) he or she has reasonable cause to believe that the
actual or perceived race, color, religion, national origin,
gender, sexual orientation, or disability of any person was a
motivating factor underlying the alleged conduct of the
defendant; and
``(2) he or his designee or she or her designee has
consulted with State or local law enforcement officials
regarding the prosecution and determined that--
``(A) the State does not have jurisdiction or does
not intend to exercise jurisdiction;
``(B) the State has requested that the Federal
Government assume jurisdiction;
``(C) the State does not object to the Federal
Government assuming jurisdiction; or
``(D) the verdict or sentence obtained pursuant to
State charges left demonstratively unvindicated the
Federal interest in eradicating bias-motivated
violence.
``(c) Definitions.--In this section--
``(1) the term `explosive or incendiary device' has the
meaning given the term in section 232 of this title; and
``(2) the term `firearm' has the meaning given the term in
section 921(a) of this title.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
13 of title 18, United States Code, is amended by adding at the end the
following:
``249. Hate crime acts.''.
SEC. 3408. DUTIES OF FEDERAL SENTENCING COMMISSION.
(a) Amendment of Federal Sentencing Guidelines.--Pursuant to the
authority provided under section 994 of title 28, United States Code,
the United States Sentencing Commission shall study the issue of adult
recruitment of juveniles to commit hate crimes and shall, if
appropriate, amend the Federal sentencing guidelines to provide
sentencing enhancements (in addition to the sentencing enhancement
provided for the use of a minor during the commission of an offense)
for adult defendants who recruit juveniles to assist in the commission
of hate crimes.
(b) Consistency With Other Guidelines.--In carrying out this
section, the United States Sentencing Commission shall--
(1) ensure that there is reasonable consistency with other
Federal sentencing guidelines; and
(2) avoid duplicative punishments for substantially the
same offense.
SEC. 3409. STATISTICS.
Subsection (b)(1) of the first section of the Hate Crimes
Statistics Act (28 U.S.C. 534 note) is amended by inserting ``gender,''
after ``race,''.
SEC. 3410. SEVERABILITY.
If any provision of this title, an amendment made by this title, or
the application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this
title, the amendments made by this title, and the application of the
provisions of such to any person or circumstance shall not be affected
thereby.
TITLE XXXV--ASSISTANCE TO FIREFIGHTERS.
SEC. 3501. SHORT TITLE.
This title may be cited as the ``Assistance to Firefighters Act of
2004''.
SEC. 3502. AUTHORITY OF SECRETARY OF HOMELAND SECURITY FOR FIREFIGHTER
ASSISTANCE PROGRAM.
(a) In General.--Subsection (b)(1) of section 33 of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) is amended by
striking ``Director'' in the matter preceding subparagraph (A) and
inserting ``Secretary of Homeland Security, in consultation with the
Administrator,''.
(b) Conforming Amendment.--Such section is further amended by
striking ``Director'' each place it appears and inserting ``Secretary
of Homeland Security''.
(c) Technical Amendment.--The heading of subsection (b)(8) of such
section is amended by striking ``Director'' and inserting
``Secretary''.
SEC. 3503. GRANTS TO VOLUNTEER EMERGENCY MEDICAL SERVICE ORGANIZATIONS.
(a) Authority To Award Grants to Volunteer Emergency Medical
Service Squads.--Paragraph (1)(A) of section 33(b) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is amended by
inserting ``or to volunteer emergency medical service organizations''
after ``fire departments''.
(b) Use of Grant Funds.--Paragraph (3)(F) of such section is
amended by inserting ``or volunteer emergency medical service
organizations that are not affiliated with a for-profit entity'' after
``fire departments''.
(c) Special Rule for Applications for Volunteer Emergency Medical
Services.--Paragraph (5) of such section is amended by adding at the
end, the following new subparagraph:
``(C) Special rule for volunteer emergency medical
services.--The Secretary of Homeland Security shall
permit an applicant seeking grant funds for volunteer
emergency medical services under paragraph (3)(F) to
use the same application form to seek grant funds for
one or more of the other purposes set out in
subparagraphs (A) through (O) of paragraph (3).''.
SEC. 3504. GRANTS FOR AUTOMATED EXTERNAL DEFIBRILLATOR DEVICES.
Paragraph (3) of section 33(b) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229(b)) is amended by adding at the end
the following new subparagraph:
``(O) To obtain automated external defibrillator
devices.''.
SEC. 3405. CRITERIA FOR REVIEWING GRANT APPLICATIONS.
Paragraph (2) of section 33(b) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229(b)) is amended to read as follows:
``(2) Criteria and review of applications.--
``(A) Preliminary review criteria.--
``(i) In general.--The Secretary of
Homeland Security shall establish specific
criteria for the preliminary review of an
application submitted under this section. If an
application does not meet such criteria, the
application may not receive further
consideration for a grant under this section.
``(ii) Annual review of criteria.--Not less
often than once each year, the Secretary of
Homeland Security, in consultation with the
Administrator, shall convene a meeting of
individuals who are members of a fire service
and are recognized for expertise in
firefighting or in emergency medical services
provided by fire services, and who are not
employees of the Federal Government for the
purpose of reviewing and proposing changes to
the criteria established under clause (i).
``(B) Selection through review by experts.--
``(i) Requirement for review.--The
Secretary of Homeland Security shall award
grants under this section based on the review
of applications for such grants by a panel of
fire service personnel appointed by a national
organization recognized for expertise in the
operation and administration of fire services.
``(ii) Role of the secretary.--The
Secretary of Homeland Security shall provide
for the administration of the review panel
described in clause (i) and shall ensure that
an individual appointed to such panel is a
recognized expert in firefighting, medical
services provided by fire services, fire
prevention, or research on firefighter
safety.''.
SEC. 3506. FINANCIAL ASSISTANCE FOR FIREFIGHTER SAFETY PROGRAMS.
(a) Authority.--Paragraph (1)(B) of section 33(b) of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is amended
by inserting ``and firefighter safety'' after ``prevention''.
(b) Expansion of Existing Program.--
(1) Firefighter safety assistance.--Paragraph (4) of such
section is amended--
(A) in subparagraph (A)(ii), by striking
``organizations that are recognized'' and all that
follows and inserting ``organizations eligible under
subparagraph (B) for the purposes described in
subparagraph (C).''; and
(B) by striking subparagraph (B), and inserting the
following new subparagraphs:
``(B) Eligibility for assistance.--An organization
may be eligible for assistance under subparagraph
(A)(ii), if such organization is a national, State,
local, or community organization that is not a fire
service and that is recognized for experience and
expertise with respect to programs and activities that
promote--
``(i) fire prevention or fire safety; or
``(ii) the health and safety of
firefighting personnel.
``(C) Use of funds.--Assistance provided under
subparagraph (A)(ii) shall be used--
``(i) to carry out fire prevention
programs; or
``(ii) to fund research to improve the
health and safety of firefighting personnel.
``(D) Priority.--In selecting organizations
described in subparagraph (B) to receive assistance
under this paragraph, the Secretary of Homeland
Security shall give priority--
``(i) to organizations that focus on
preventing injuries from fire to members of
groups at high risk of such injuries, with an
emphasis on children; and
``(ii) to organizations that focus on
researching methods to improve the health and
safety of firefighting personnel.
``(E) Allocation of funds.--Not less than 66
percent of the total amount of funds made available in
a fiscal year to carry out this paragraph shall be made
available of the programs described in subparagraph
(A)(ii).''.
(2) Conforming amendment.--The heading of such paragraph is
amended to read as follows:
``(4) Fire prevention and firefighter safety programs.--''.
(c) Availability of Funds for Fire Prevention and Firefighter
Safety Programs.--Paragraph (4)(A) of such section, as amended by
subsection (b), is further amended in the matter preceding clause (i),
by striking ``5 percent'' and inserting ``6 percent''.
SEC. 3507. ASSISTANCE FOR APPLICATIONS.
Paragraph (5) of section 33(b) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229(b)), as amended by section 3(c), is
further amended by adding at the end the following new subparagraph:
``(D) Assistance to prepare an application.--The
Secretary of Homeland Security shall provide assistance
with the preparation of applications for grants under
this section.''.
SEC. 3508. REDUCED REQUIREMENTS FOR MATCHING FUNDS.
(a) Amount Required.--Paragraph (6) of section 33(b) of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is amended
by striking subparagraphs (A) and (B) and inserting the following:
``(A) In general.--Subject to subparagraphs (B) and
(C), the Secretary of Homeland Security may provide
assistance under this subsection only if the applicant
for such assistance agrees to match 20 percent of such
assistance for any fiscal year with an equal amount of
non-Federal funds.
``(B) Requirement for small community
organizations.--In the case of an applicant whose
personnel--
``(i) serve jurisdictions of 50,000 or
fewer residents, the percent applied under the
matching requirement of subparagraph (A) shall
be 10 percent; or
``(ii) serve jurisdictions of 20,000 or
fewer residents, the percent applied under the
matching requirement of subparagraph (A) shall
be 5 percent.''.
(b) Exception.--Such paragraph, as amended by subsection (a), is
further amended by adding at the end the following new subparagraph:
``(C) Exception.--No matching funds may be required
under this subsection for assistance provided under
subparagraph (A)(ii) of paragraph (4) to an
organization described in subparagraph (B) of such
paragraph.''.
(c) Special Rule for Requests for Automated External Defibrillator
Devices.--Section 33(b) of such Act is further amended by adding at the
end the following new paragraph:
``(13) Special rules for grants for automated external
defibrillator devices.--
``(A) Limitations.--The Secretary of Homeland
Security shall reduce the percentage of non-Federal
matching funds for a grant as described in subparagraph
(B) if--
``(i) the applicant is requesting grant
funds to obtain one or more automated external
defibrillator devices, as authorized by
paragraph (3)(O);
``(ii) the award of such grant will result
in the applicant possessing exactly one such
device for each first-due emergency vehicle
operated by the applicant;
``(iii) the applicant certifies to the
Secretary of Homeland Security that the
applicant possesses, at the time such
application is filed, a number of such devices
that is less than the number of first-due
emergency vehicles operated by the applicant
and that the applicant is capable of storing,
in a manner conducive to rapid use, such
devices on each such vehicle; and
``(iv) the applicant has not previously
received a grant under this subsection to
obtain such devices.
``(B) Matching requirements.--If an applicant meets
the criteria set out in clauses (i), (ii), (iii), and
(iv) of subparagraph (A), the Secretary of Homeland
Security shall reduce the percentage of non-Federal
matching funds required by paragraph (6) by 2
percentage points for all assistance requested in the
application submitted by such applicant.
``(C) First-due defined.--In this paragraph, the
term `first-due' means the firefighting and emergency
medical services vehicles that are utilized by a fire
service for immediate response to an emergency
situation.''.
SEC. 3509. GRANT RECIPIENT LIMITATIONS.
(a) Limitations on Grant Amounts.--Subparagraph (A) of section
33(b)(10) of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229(b)(10)) is amended to read as follows:
``(A) Limitations on grant amount.--
``(i) General limitation.--Subject to
clause (ii), a recipient of assistance under
this section may not receive in a fiscal year
an amount of such assistance that exceeds the
greater of $2,250,000 or the amount equal to
0.5 percent of the total amount of funds
appropriated for such assistance for such
fiscal year.
``(ii) Limitations on basis of
population.--Subject to clause (iii), a
recipient of assistance under this section that
serves a jurisdiction of less than 1,000,000
individuals may not receive more than
$1,500,000 of such assistance for a fiscal
year, except that such a recipient that serves
a jurisdiction of less than 500,000 individuals
may not receive more than $1,000,000 of such
assistance during a fiscal year.
``(iii) Waiver.--With respect to assistance
provided in a fiscal year before fiscal year
2007, the Secretary of Homeland Security, in
consultation with the Administrator, may waive
the limitations set out in clause (ii) if the
Secretary determines that a waiver is warranted
by an extraordinary need for assistance for
fire suppression activities by a jurisdiction,
whether such need is caused by the likelihood
of terrorist attack, natural disaster,
destructive fires occurring over a large
geographic area, or some other cause.''.
(b) Limitations on Grants for Volunteer Emergency Medical
Services.--Such section, as amended by subsection (a), is further
amended by adding at the end the following new subparagraph:
``(C) Limitations on expenditures for volunteer
emergency medical services.--Not more than 3.5 percent
of the funds appropriated to provide grants under this
section for a fiscal year may be awarded to volunteer
emergency medical service organizations.''.
SEC. 3510. OTHER CONSIDERATIONS.
Section 33(b) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229(b)), as amended by section 8, is amended by adding
at the end the following new paragraph:
``(14) Other considerations.--In providing assistance under
this section, the Secretary of Homeland Security shall--
``(A) consider the extent to which the recipient of
such assistance is able to enhance the daily operations
of a fire service and to improve the protection of
people and property from fire; and
``(B) ensure that such assistance awarded to a
volunteer emergency medical service organization will
not be used to provide emergency medical services in a
geographic area if such services are adequately
provided by a fire service in such area.''.
SEC. 3511. REPORTS TO CONGRESS.
(a) Study and Report on Assistance to Firefighters.--
(1) Study.--The Secretary, in conjunction with the National
Fire Protection Association, shall conduct a study--
(A) to assess the types of activities that are
carried out by fire services;
(B) to determine whether the level of Federal
funding made available to fire services is adequate;
(C) to assess categories of services, including
emergency medical services, that are not adequately
provided by fire services on either the national or
State level; and
(D) to measure the effect, if any, of the
assistance provided under section 33 of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C.
2229) on the needs of fire services identified in the
report submitted to Congress under section 1701(b) of
the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law
106-398; 114 Stat. 1654A-363).
(2) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on the findings of the study described in paragraph (1).
(b) Report by GAO.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on--
(1) the administration of the assistance provided under
section 33 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229); and
(2) the success of the Secretary in administering the
Federal Emergency Management Agency.
(c) Report on Waiver of Amount Limitations.--Not later than 18
months after the date of the enactment of this Act, the Secretary shall
submit to Congress a report on the instances, if any, of the use of the
waiver authority set out in section 33(b)(10)(A)(iii) of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C.
2229(b)(10)(A)(iii)), as added by section 9.
(d) Definitions.--In this section:
(1) Fire service.--The term ``fire service'' has the
meaning given that term in section 4 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2203).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 3512. TECHNICAL CORRECTIONS.
(a) Repeal of Duplicative Definition.--Subsection (d) of section 33
of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229)
is repealed.
(b) Redesignations Necessitated by Duplicative Numbering.--The
sections 33 and 34 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2230 and 2231) that were added by sections 105 and 106
of Public Law 106-503 (114 Stat. 2301) are redesignated as sections 34
and 35, respectively.
SEC. 3513. AUTHORIZATION OF APPROPRIATIONS.
(a) Firefighter Assistance Programs.--Section 33(e) of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(e)) is amended
by striking the first sentence and inserting ``There are authorized to
be appropriated for the purposes of this section $900,000,000 for
fiscal year 2005, $950,000,000 for fiscal year 2006, and $1,000,000,000
for each of the fiscal years 2007 through 2010.''.
(b) Study on Assistance to Firefighters.--There are authorized to
be appropriated to the Secretary of Homeland Security $300,000 for
fiscal year 2005 to carry out the requirements of section 4011(a).
Passed the House of Representatives May 20, 2004.
Attest:
JEFF TRANDAHL,
Clerk.
Passed the Senate June 23 (legislative day, June 22), 2004.
Attest:
EMILY J. REYNOLDS,
Secretary.