[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2229 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2229

     To authorize appropriations for fiscal year 2005 for military 
    activities of the Department of Defense, to prescribe military 
   personnel strengths for fiscal year 2004, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 24, 2004

  Mr. Warner (for himself and Mr. Levin) (by request) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
     To authorize appropriations for fiscal year 2005 for military 
    activities of the Department of Defense, to prescribe military 
   personnel strengths for fiscal year 2004, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Defense Authorization Act 
for Fiscal Year 2005''.

SEC. 2. TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into two divisions as 
follows:
            (1) Division A--Department of Defense Authorizations.
            (2) Division B--Military Construction Authorizations.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
            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--Multiyear Procurement Authorization

Sec. 111. Multiyear procurement authority for the light weight 155 
                            millimeter howitzer program.
         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

              Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
                 Subtitle B--Ballistic Missile Defense

Sec. 211. Funding for Missile Defense Agency.
                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Other Department of Defense programs.
                  Subtitle B--Environmental Provisions

Sec. 311. Delegation of authority to the states to make certain 
                            environmental restoration determinations.
Sec. 312. Periodic audits of Superfund transactions.
Sec. 313. Payment of private cleanup costs.
Sec. 314. Removal to federal court of Clean Air Act and Safe Drinking 
                            Water Act cases.
Sec. 315. Reimbursement to the Environmental Protection Agency for 
                            certain costs in connection with the Moses 
                            Lake, Washington Superfund site.
Sec. 316. Prohibiting judicial review of incomplete CERCLA cleanup 
                            actions.
Sec. 317. Protection of sunken state craft and the remains of their 
                            crews.
                 Subtitle C--Workplace and Depot Issues

Sec. 321. Exclusion of certain expenditures from percentage limitation 
                            on contracting for performance of depot-
                            level maintenance and repair workloads.
              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. New title for the Vice-Chief of the National Guard Bureau.
                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
                            reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2005 limitation on number of non-dual status 
                            technicians.
Sec. 415. Special rule for computing the high-36 month average for 
                            Reserve component members.
                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Transition of active-duty list officer force to all regular 
                            status.
Sec. 502. Strength in grade: commissioned officers in grades below 
                            brigadier general or rear admiral (lower 
                            half) in an active status.
Sec. 503. Joint duty credit required for promotion to flag or general 
                            officer.
Sec. 504. Revised promotion policy objectives for joint officers.
Sec. 505. Modify length of joint duty assignments.
Sec. 506. Management of joint specialty officers.
Sec. 507. Eliminate distribution quotas for general and flag officers 
                            serving in the grades of O-7 and O-8.
Sec. 508. Eliminate mandatory retirement of active duty general and 
                            flag officers after 30 years of service.
Sec. 509. Length of terms for the Assistants to the Chairman of the 
                            Joint Chiefs of Staff for National Guard 
                            and -Reserve Matters.
Sec. 510. Length of service for the senior leaders of the military 
                            departments.
Sec. 511. Extending age limits for active duty general and flag 
                            officers.
Sec. 512. Lateral reassignment of certain generals and admirals.
Sec. 513. Length of service for the Chairman and Vice Chairman of the 
                            Joint chiefs of staff.
Sec. 514. Promotion policy objectives for joint officers.
                Subtitle B--Reserve Component Management

Sec. 521. Revised concept of inactive duty and repeal of funeral honors 
                            duty.
Sec. 522. Authorized strengths of Navy and Marine Corps reserve flag 
                            and general officers.
Sec. 523. Mandatory retention on active duty to qualify for retirement 
                            pay.
Sec. 524. Amendment to the purpose of the reserve components.
Sec. 525. Accounting and management of National Guard and reserve 
                            personnel performing active or full-time 
                            duty.
Sec. 526. Waive requirement that reserve chiefs and National Guard 
                            directors must have significant joint duty 
                            experience.
Sec. 527. Extending age limits for reserve and National Guard general 
                            and flag officers.
Sec. 528. Expanded use of reserve component members to perform 
                            developmental testing and new equipment 
                            training.
            Subtitle C--ROTC and Military Service Academies

Sec. 531. Institutions of higher education that prevent ROTC access or 
                            military recruiting on campus; equal 
                            treatment with other employers.
Sec. 532. Board of Visitors; United States Air Force Academy; United 
                            States Military Academy; United States 
                            Naval Academy.
Sec. 533. Dean of the Faculty; Dean of Academic Board.
Sec. 534. Repeal of requirement that military academy superintendents 
                            retire after assignment.
       Subtitle D--Other Military Education and Training Matters

Sec. 541. Education loan repayments for health professions officers of 
                            the reserve components.
Sec. 542. Conferral of degrees to graduates of the Community College of 
                            the Air Force.
Sec. 543. Three year educational leave of absence.
Sec. 544. Length of phase II joint professional military education.
Sec. 545. Changing the titles of the heads of the Naval Postgraduate 
                            School.
Sec. 546. New mission statement and expanded eligibility for enlisted 
                            personnel at the Naval Postgraduate School.
Sec. 547. Change in Department of Defense schools enrollment for 
                            children of locally-hired employees working 
                            overseas.
                   Subtitle E--Administrative Matters

Sec. 551. Annual report to Congress concerning joint officer 
                            management.
Sec. 552. Revised definitions applicable to joint duty.
Sec. 553. Federal write-in ballots for absent military voters located 
                            in the United States.
                  Subtitle F--Military Justice Matters

Sec. 561. Waive time lost when a member is acquitted, released without 
                            trial, or has his conviction set-aside or 
                            reversed on appeal.
Sec. 562. Change in Uniform Code of Military Justice relating to blood 
                            alcohol concentration.
                          Subtitle G--Benefits

Sec. 571. Immediate lump sum reimbursement for unusual nonrecurring 
                            expenses outside the continental United 
                            States.
Sec. 572. Repeal of requirement to pay subsistence charges while 
                            hospitalized.
                       Subtitle H--Other Matters

Sec. 581. Release of taxpayer addresses to help locate individuals with 
                            military service obligations.
Sec. 582. Alternate initial military service obligation for persons 
                            with specialized skills.
Sec. 583. Basic training requirement for certain members with 
                            specialized skills.
Sec. 584. Eliminate mandatory terms of office for certain general and 
                            flag staff officers.
Sec. 585. Prohibit court-ordered payments before retirement based on 
                            imputation of retired pay.
          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Termination of assignment incentive pay for members on 
                            terminal leave.
Sec. 602. More flexible retirement rules for military officers.
Sec. 603. More flexible computation of retired pay for officers and 
                            senior enlisted members.
Sec. 604. Eliminate retired pay limit applicable to general and flag 
                            officers.
Sec. 605. Grant basic allowance for housing waivers for 12 months or 
                            less on permanent change of station 
                            assignments that are principally for 
                            education or training.
           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pays for 
                            reserve forces.
Sec. 612. Bonus for officers to serve in the Selected Reserve in a 
                            critical skill or manpower shortage.
Sec. 613. Critical skills retention bonus; eligibility of members 
                            serving on indefinite reenlistment.
Sec. 614. Foreign language proficiency pay.
Sec. 615. Repayment of unearned portions of bonuses, special pays, and 
                            educational benefits.
            Subtitle C--Travel and Transportation Allowances

Sec. 621. Lodging costs incurred in connection with student dependent 
                            travel.
Sec. 622. Expanded travel and transportation allowances for family 
                            members to attend burial ceremonies.
                       Subtitle D--Other Matters

Sec. 631. Protection against double taxation for service members absent 
                            from their residence or domicile solely by 
                            reason of compliance with military orders.
Sec. 632. Accumulation of annual leave by intelligence senior level 
                            employees.
                   TITLE VII--HEALTH CARE PROVISIONS

Sec. 701. Exemption of nonappropriated fund health benefits program 
                            from non-federal laws, taxes, and mandates.
  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

             Subtitle A--Acquisition Policy and Management

Sec. 801. Defense acquisition workforce changes.
Sec. 802. Delegation to the Defense Contract Management Agency to make 
                            determinations concerning restructuring 
                            costs.
Sec. 803. Disposal of excess and obsolete materials contained in the 
                            national defense stockpile.
Sec. 804. Privatization of military utilities located on non-federal 
                            land.
Sec. 805. Elimination of delays in assignment of real property to 
                            federal sponsoring agencies for public 
                            benefit conveyances.
Sec. 806. Treatment of certain former military installation lands as 
                            HUBZones.
Sec. 807. Repeal of redundant limitations on the procurement of totally 
                            enclosed lifeboats.
Sec. 808. Amendments to Small Business Competitiveness Demonstration 
                            Program Act of 1988; streamlining data 
                            collection.
Sec. 809. Demonstration programs using design-build contracts.
Sec. 810. Two-year extension of laboratory revitalization demonstration 
                            program.
Subtitle B--Amendments to General Contracting Authorities, Procedures, 
                            and Limitations

Sec. 821. Transportation of Department of Defense passengers or 
                            supplies by air carriers.
Sec. 822. One-year extension of program applying simplified procedures 
                            to certain commercial items.
Sec. 823. Pilot authority for follow-on production agreements relating 
                            to certain prototype projects.
Sec. 824. Charging of fees for logistical data.
Sec. 825. Sale and exchange of missile propellants and electricity.
Sec. 826. Elimination of solicitation issuance delay.
Sec. 827. Pilot program to contract with local governments for 
                            services.
Sec. 828. Procurement of Ball and roller bearings.
Sec. 829. Increased threshold for awarding contracts under other than 
                            competitive procedures.
Sec. 830. Increased threshold for requiring contractors to provide 
                            specified employee information to 
                            cooperative agreement holders.
Sec. 831. Limitation on task and delivery order contracts.
Sec. 832. Obligation of performance bond surety upon default of 
                            contractor.
       Subtitle C--Acquisition-Related Reports and Other Matters

Sec. 841. Streamlining real property transactions.
Sec. 842. Repeal of annual reporting requirement concerning management 
                            of depot employees.
Sec. 843. Simplification of annual reporting requirements concerning 
                            funds expended for depot maintenance and 
                            repair workloads.
Sec. 844. Small business programs: change of office title.
Sec. 845. Provisions relating to real property.
      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

   Subtitle A--Duties and Functions of Department of Defense Officers

Sec. 901. Transfer of responsibility for the assembled chemical weapons 
                            alternatives program.
Sec. 902. Expanded eligibility to serve as the Deputy Chief of Naval 
                            Operations and Assistant Chief of Naval 
                            Operations.
Sec. 903. Repeal of required periodic Inspector General audits of 
                            undefinitized contractual actions.
Sec. 904. Repeal of mandatory Inspector General review of advisory and 
                            assistance services contract waivers.
Sec. 905. Chain of succession for the Chief, National Guard Bureau.
                          Subtitle B--Reports

Sec. 911. Repeal of quarterly reporting requirement concerning payments 
                            for District of Columbia water and sewer 
                            services.
Sec. 912. Repeal of reporting requirement concerning the Cooperative 
                            Threat Reduction Program.
Sec. 913. Repeal of annual reporting requirement concerning threat 
                            posed by weapons of mass destruction, 
                            ballistic missiles, and cruise missiles.
                       Subtitle C--Other Matters

Sec. 921. Manpower and budget issues in the Defense Prisoner of War/
                            Missing Personnel Office.
Sec. 922. Three-year extension of mentor-protege program.
                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

Sec. 1001. Repeal of requirement for separate budget request for 
                            procurement of Reserve equipment.
Sec. 1002. Repeal of requirement for two-year budget cycle for the 
                            Department of Defense.
Sec. 1003. Extension of authority to provide war risk insurance for 
                            merchant marine vessels.
Sec. 1004. Capture of all expired funds from the military personnel and 
                            operation and maintenance appropriations 
                            accounts for use in the foreign currency 
                            fluctuations account.
Sec. 1005. Reimbursement for use of personal cellular telephones when 
                            used for official government business.
Sec. 1006. Purchase of promotional items of nominal value for 
                            recruitment purposes.
Sec. 1007. Microclaim waiver authority.
                Subtitle B--Naval Vessels and Shipyards

Sec. 1011. Exchange and sale of obsolete Navy service craft and boats.
Sec. 1012. Award contracts for ship dismantling on net cost basis.
                  Subtitle C--Counter-Drug Activities

Sec.  1021. Use of two-year extension of counterdrug funds for 
                            counterterrorism in Colombia.
           Subtitle D--Other Department of Defense Provisions

Sec. 1031. Control and supervision of transportation within the 
                            Department of Defense.
                       Subtitle E--Other Matters

Sec. 1041. Repeal of prohibition on contracts for performance of 
                            security-guard functions.
Sec. 1042. Establishment of auxiliaries within the military 
                            departments.
Sec. 1043. National Defense Heritage Foundation.
Sec. 1044. Use of military aircraft to transport mail to and from 
                            overseas locations.
Sec. 1045. Use of the national driver register for personnel security 
                            investigations and determinations.
Sec. 1046. Conforming amendments to general definitions.
Sec. 1047. Use of Department of Defense fitness facilities by contract 
                            workers.
           TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL

Sec. 1101. Priority placement of displaced civilian employees.
Sec. 1102. Employment preference for spouses of civilian employees.
Sec. 1103. Pay parity for civilian intelligence personnel.
Sec. 1104. Pay parity for senior executives in DoD nonappropriated fund 
                            instrumentalities.
Sec. 1105. Prohibit unauthorized wearing, manufacture, or sale of 
                            civilian medals or decorations.
              TITLE XII--MATTERS RELATING TO OTHER NATIONS

       Subtitle A--Matters Related to Arms Control and Monitoring

Sec. 1201. Humanitarian assistance with respect to the detection and 
                            clearance of landmines and explosive 
                            remnants of war.
   Subtitle B--Matters Related to Allies and Friendly Foreign Nations

Sec. 1211. Improving airspace control and management in the Caucasus 
                            and Central Asia.
Sec. 1212. George C. Marshall European Center for Security Studies.
                       Subtitle C--Other Matters

Sec. 1221. Repeal of the annual reporting requirement concerning the 
                            activities of Chinese military companies 
                            operating in the United States.
Sec. 1222. Repeal of reporting requirement concerning special 
                            operations forces training with friendly 
                            foreign forces.
Sec. 1223. Foreign military AIDS advocacy, awareness, and prevention 
                            activities.
Sec. 1224. Repeal of the authorization for the establishment of the 
                            Center for the Study of Chinese Military 
                            Affairs.
Sec. 1225. Use of donated property for humanitarian assistance 
                            purposes.
Sec. 1226. Assignment of foreign Navy personnel to submarine safety 
                            research and development programs.
  TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER 
                              SOVIET UNION

Sec. 1301. Authority to waive conditions limiting support for chemical 
                            weapons destruction facility in Russia.
                      TITLE XIV--HOMELAND SECURITY

Sec. 1401. Repeal of funding restrictions concerning development of 
                            medical countermeasures against biological 
                            warfare threats.
            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.
                            TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
                         TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition 
                            projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
                      TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land 
                            acquisition projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
       TITLE XXVI--CHEMICAL DEMILITIZATION CONSTRUCTION, DEFENSE

Sec. 2601. Authorized Chemical Demilitarization construction and land 
                            acquisition projects.
Sec. 2602. Authorization of appropriations, Chemical Demilitarization 
                            Construction.
            TITLE XXVII--GUARD AND RESERVE FORCES FACILITIES

Sec. 2701. Authorized Guard and Reserve construction and land 
                            acquisition projects.
        TITLE XXVIII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

Sec. 2801. Expiration of authorizations and amounts required to be 
                            specified by law.
Sec. 2802. Extension of authorizations of certain fiscal year 2002 
                            projects.
Sec. 2803. Extension of authorizations of certain fiscal year 2001 
                            projects.
                     TITLE XXIX--GENERAL PROVISIONS

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

Sec. 2901. Alternative authority for acquisition and improvement of 
                            military housing.
        Subtitle B--Real Property and Facilities Administration

Sec. 2911. Establishment of Museum Center of the National Museum of the 
                            United States Army.
Sec. 2912. Exchange or sale of reserve component facilities in return 
                            for replacement facilities.
                       Subtitle C--Other Matters

Sec. 2921. Minor military construction to improve force protection.

                          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, $2,658,241,000.
            (2) For missiles, $1,398,321,000.
            (3) For weapons and tracked combat vehicles, 
        $1,639,695,000.
            (4) For ammunition, $1,556,902,000.
            (5) For other procurement, $4,240,896,000.

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, $8,767,867,000.
            (2) For weapons, including missiles and torpedoes, 
        $2,101,529,000.
            (3) For shipbuilding and conversion, $9,962,027,000.
            (4) For other procurement, $4,834,278,000.
    (b) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 2005 for procurement for the Marine Corps in the amount 
of $1,190,103,000.
    (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 Marine Corps in the amount of $858,640,000.

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, $13,163,174,000.
            (2) For missiles, $4,718,313,000.
            (3) For procurement of ammunition, $1,396,457,000.
            (4) For other procurement, $13,283,557,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

    Funds are hereby authorized to be appropriated for fiscal year 2005 
for Defense-wide procurement in the amount of $2,883,302,000.

            Subtitle B--Multiyear Procurement Authorization

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

    The Secretary of the Navy 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 
the light weight 155 millimeter howitzer.

         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, $9,266,258,000.
            (2) For the Navy, $16,346,391,000.
            (3) For the Air Force, $21,114,667,000.
            (4) For Defense-wide activities, $21,044,972,000, of which 
        $305,135,000 is authorized for the Director of Operational Test 
        and Evaluation.

                 Subtitle B--Ballistic Missile Defense

SEC. 211. FUNDING FOR MISSILE DEFENSE AGENCY.

    (a) Funds appropriated under the heading ``Research, Development, 
Test and Evaluation, Defense-Wide'' for the Missile Defense Agency may, 
upon approval by the Secretary of Defense, be used for the development 
and fielding of ballistic missile defense capabilities.
    (b) This section shall be effective for fiscal years after Fiscal 
Year 2004.

                  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, $26,133,411,000.
            (2) For the Navy, $29,789,190,000.
            (3) For the Marine Corps, $3,632,115,000.
            (4) For the Air Force, $28,471,260,000.
            (5) For Defense-wide activities, $17,494,076,000.
            (6) For the Army Reserve, $2,008,128,000.
            (7) For the Naval Reserve, $1,240,038,000.
            (8) For the Marine Corps Reserve, $188,696,000.
            (9) For the Air Force Reserve, $2,239,790,000.
            (10) For the Army National Guard, $4,440,686,000.
            (11) For the Air National Guard, $4,422,838,000.
            (12) For the United States Court of Appeals for the Armed 
        Forces, $10,825,000.
            (13) For Environmental Restoration, Army, $400,948,000.
            (14) For Environmental Restoration, Navy, $266,820,000.
            (15) For Environmental Restoration, Air Force, 
        $397,368,000.
            (16) For Environmental Restoration, Defense-wide, 
        $23,684,000.
            (17) For Environmental Restoration, Formerly Used Defense 
        Sites, $216,516,000.
            (18) For Overseas Humanitarian, Disaster, and Civic Aid 
        programs, $59,000,000.
            (19) For Cooperative Threat Reduction programs, 
        $409,200,000.
            (20) For Overseas Contingency Operations Transfer Fund, 
        $30,000,000.

SEC. 302. WORKING CAPITAL FUNDS.

    Funds are hereby authorized to be appropriated for fiscal year 2005 
for the use of the Armed Forces and other activities and agencies of 
the Department of Defense for providing capital for working capital and 
revolving funds in amounts as follows:
            (1) For the Defense Working Capital Funds, $1,685,886,000.
            (2) For the National Defense Sealift Fund, $1,269,252,000.

SEC. 303. 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.

SEC. 304. 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, 
$17,640,411,000, of which--
            (1) $17,203,369,000 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.--(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, $1,371,990,000, of which--
            (A) $1,138,801,000 is for Operation and Maintenance;
            (B) $154,209,000 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, $244,562,000, of which--
            (1) $242,362,000 is for Operation and Maintenance;
            (2) $100,000 is for Research, Development, Test, and 
        Evaluation; and
            (3) $2,100,000 is for Procurement.

                  Subtitle B--Environmental Provisions

SEC. 311. DELEGATION OF AUTHORITY TO THE STATES TO MAKE CERTAIN 
              ENVIRONMENTAL RESTORATION DETERMINATIONS.

    Subparagraph (3)(B) of subsection (h) of section 120 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, Public Law 96-510 (42 U.S.C. 9620), as amended, is amended--
            (1) by inserting ``(in the case of sites at a Federal 
        facility that is listed on the National Priorities List), or 
        the Governor of the State in which the facility is located (in 
        the case of sites at a Federal facility not listed on the 
        National Priorities List),'' after ``Administrator'' the first 
        place it appears;
            (2) by inserting ``or the Governor, as appropriate,'' after 
        ``Administrator'' the second place it appears; and
            (3) by inserting `` the Governor, as appropriate,'' after 
        ``Administrator'' the third place it appears.

SEC. 312. PERIODIC AUDITS OF SUPERFUND TRANSACTIONS.

    Section 111(k) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9611(k)) is amended 
to read as follows:
    ``(k) The Inspector General of each department or agency to which 
responsibility to obligate money in the Fund is delegated shall conduct 
a periodic audit of all payments, obligations, reimbursements, or other 
uses of the Fund, to assure that the Fund is being properly 
administered and that claims are being appropriately and expeditiously 
considered. Each Inspector General shall submit to the Congress a 
report of the audit. Each Inspector General shall provide such auditing 
of the Fund as is appropriate to minimize the risk of mismanagement. 
Each Federal agency shall cooperate with the Inspector General in 
carrying out this subsection.''.

SEC. 313. PAYMENT OF PRIVATE CLEANUP COSTS.

    (a) Authority To Pay for Services.--Section 2701(d) of title 10, 
United States Code, is amended--
            (1) in paragraph (1), by striking ``tribe,'' both places it 
        appears and inserting ``tribe, owner of covenant property,''; 
        and
            (2) in paragraph (4), by adding at the end the following 
        new subparagraph:
            ``(C) The term `owner of covenant property' means an owner 
        of property subject to a covenant provided by the United States 
        in accordance with the requirements of section 
        120(h)(3)(A)(ii)(II) of CERCLA: Provided, however, That the 
        covenant property also is the site of the services to be 
        performed.''.
    (b) Source of Funds for Covenant Property.--Section 2703 of such 
title is amended--
            (1) in subsection (g)(1), by striking ``The'' and inserting 
        ``Except as provided in subsection (h), the''; and
            (2) by adding at the end the following new subsection:
    ``(h) Sole Source of Funds for Environmental Remediation Services 
at Base Realignment and Closure Sites.--In the case of property 
disposed of in accordance with a base closure law, the sole source of 
funds for services obtained under section 2701(d)(1) of this title 
shall be the applicable base closure account established under such 
base closure law.''.

SEC. 314. REMOVAL TO FEDERAL COURT OF CLEAN AIR ACT AND SAFE DRINKING 
              WATER ACT CASES.

    (a) Right of Removal to Federal Court of Clean Air Act Cases to 
Federal Court.--Section 118(a) of the Clean Air Act (42 U.S.C. 
7418(a)), is amended by adding at the end the following new sentence: 
``Nothing in this act shall be construed to prevent any department, 
agency, or instrumentality of the Federal Government, or any officer, 
agent, or employee thereof in the performance of his official duties, 
from removing to the appropriate Federal district court any proceeding 
in State court to which the department, agency, or instrumentality or 
officer, agent, or employee thereof is subject pursuant to this 
subsection, and any such proceeding may be removed in accordance with 
section 1441 et seq. of title 28, United States Code.''.
    (b) Right of Removal to Federal Court of Safe Drinking Water Act 
Cases to Federal Court.--Section 1447 of the Safe Drinking Water Act 
(42 U.S.C. 300j-6) is amended by adding at the end the following new 
subsection:
    ``(f) Removal.--Nothing in this act shall be construed to prevent 
any department, agency, or instrumentality of the Federal Government, 
or any officer, agent, or employee thereof in the performance of his 
official duties, from removing to the appropriate Federal district 
court any proceeding in State court to which the department, agency, or 
instrumentality or officer, agent, or employee thereof is subject 
pursuant to subsection (a), and any such proceeding may be removed in 
accordance with section 1441 et seq. of title 28, United States 
Code.''.
    (c) Application.--The amendments made by this section shall apply 
to any action filed in a State court after the effective date of this 
section.

SEC. 315. REIMBURSEMENT TO THE ENVIRONMENTAL PROTECTION AGENCY FOR 
              CERTAIN COSTS IN CONNECTION WITH THE MOSES LAKE, 
              WASHINGTON SUPERFUND SITE.

    (a) Authority.--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. This payment 
is to reimburse the United States 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. Such reimbursement is provided for in the Interagency 
Agreement entered into by the Department of the Army and the 
Environmental Protection Agency for the Moses Lake Site, in March, 
1999.
    (b) Source of Funds.--Any payment under subsection (a) shall be 
made using funds authorized to be appropriated by paragraph 18 of 
section 301 of this act for Environmental Restoration, Formerly Used 
Defense Sites. EPA shall retain and use the transferred amount to pay 
for costs the Agency has incurred or will incur at the Moses Lake 
Wellfield Superfund site.

SEC. 316. PROHIBITING JUDICIAL REVIEW OF INCOMPLETE CERCLA ---CLEANUP 
              ACTIONS.

    Subsection (h) of section 113 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, Public Law 96-510 
(42 U.S.C. 9613, as amended), is amended by inserting ``(which includes 
responses under section 120),'' after ``section 104'' in each of the 
two places it appears.

SEC. 317. PROTECTION OF SUNKEN STATE CRAFT AND THE REMAINS OF THEIR 
              CREWS.

    (a) Findings and Purpose.--The Congress declares and finds the 
following:
            (1) A vital part of the United States maritime heritage 
        consists of thousands of United States sunken State craft, 
        wherever located.
            (2) Sunken State craft are often the final resting places 
        of the crew and others who perished when the sunken State craft 
        sank.
            (3) Sunken State craft also may be objects of an 
        archaeological, historical, scientific, or cultural nature.
            (4) Sunken State craft may contain unexploded ordnance, 
        which could pose a danger if disturbed, and substances which, 
        if released, could cause harm to the marine environment, and 
        public health.
            (5) There is a growing concern both in the United States 
        and internationally that advances in science and technology 
        have facilitated access to sunken State craft, resulting in 
        their unauthorized disturbance.
            (6) It is in the interest of the United States to preserve 
        its maritime heritage by providing for the protection of United 
        States sunken State craft wherever located, foreign sunken 
        State craft located in United States Waters, and encouraging 
        other nations to protect United States sovereignty and 
        ownership of United States sunken State craft located outside 
        United States Waters.
            (7) Sunken State craft indefinitely remain the property of 
        the flag State unless formal action is taken by the flag State 
        to abandon ownership or transfer title to another person.
    (b) Definitions.--For the purposes of this section:
            (1) The term ``sunken State craft'' means any sunken State 
        vessel, sunken State aircraft, associated contents, or any 
        portion thereof, title to which has not been abandoned or 
        transferred in a manner prescribed by the flag State.
            (2) The term ``sunken State vessel'' means any warship, 
        naval auxiliary, or other public vessel within the meaning of 
        the Public Vessels Act (46 U.S.C. App. 781-790) and/or vessels 
        operated by or for the United States within the meaning of the 
        Suits in Admiralty Act (46 U.S.C. App. 741-750) and such 
        warship, naval auxiliary or public vessel of a foreign State 
        that sank while in government noncommercial service.
            (3) The term ``sunken State aircraft'' means any military 
        aircraft or other aircraft, including spacecraft, owned or 
        operated by the United States or a foreign State, that sank 
        while in government noncommercial service.
            (4) The term ``associated contents'' means the equipment, 
        cargo, and all contents on board the sunken State craft, as 
        well as the remains and personal effects of the crew and others 
        on board the sunken State craft when it sank.
            (5) The term ``person'' means an individual, corporation, 
        partnership, trust, institution, association, or any other 
        public or private entity, whether foreign or domestic.
            (6) The term ``Head of Agency'' means the government 
        official having authority, delegated or otherwise granted, over 
        any sunken State craft.
            (7) The term ``United States Waters'' comprises United 
        States Internal Waters, the United States Territorial Sea, and 
        the United States Contiguous Zone.
            (8) 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.
            (9) The term ``United States Territorial Sea'' means the 
        waters extending 12 nautical miles seaward of the baseline from 
        which the breadth of the United States Territorial Sea is 
        measured.
            (10) The term ``United States Contiguous Zone'' means the 
        contiguous zone of the United States as defined in Presidential 
        Proclamation 7219, September 2, 1999.
            (11) The term ``United States Exclusive Economic Zone'' 
        means the exclusive economic zone of the United States as 
        defined in Presidential Proclamation 5030, March 10, 1983.
            (12) The term ``United States Outer Continental Shelf'' 
        means all submerged lands lying seaward and outside of the area 
        of lands beneath navigable waters as defined in section 2 of 
        the Outer Continental Shelf Lands Act (43 U.S.C. 1331).
    (c) Scope.--This section shall apply to--
            (1) United States citizens, other persons over which the 
        United States exercises jurisdiction, United States flagged or 
        registered vessels, vessels owned or operated by United States 
        citizens or other persons over which the United States 
        exercises jurisdiction, and Stateless vessels or vessels 
        assimilated to a vessel without nationality, engaging in 
        activities directed at any sunken State craft wherever located; 
        and
            (2) foreign nationals and foreign flagged or registered 
        vessels--
                    (A) engaging in activities directed at sunken State 
                craft located within the United States Territorial Sea 
                or United States Internal Waters;
                    (B) removing sunken State craft from the United 
                States Contiguous Zone;
                    (C) engaging in activities directed at any sunken 
                State craft located within the United States Contiguous 
                Zone, provided that those activities cause or threaten 
damage to natural resources or otherwise interfere with the rights and 
jurisdiction of the United States with regard to natural resources;
                    (D) engaging in activities directed at sunken State 
                craft located within the United States Exclusive 
                Economic Zone or on the United States Outer Continental 
                Shelf, provided that those activities cause or threaten 
                damage to natural resources or otherwise interfere with 
                the rights and jurisdiction of the United States with 
                regard to natural resources; or
                    (E) calling on or using United States ports or 
                offshore terminals, that engage in activities directed 
                at sunken State craft wherever located in violation of 
                the laws of the United States or of a foreign State.
    (d) Application.--(1) This section shall not apply to actions taken 
by, or at the direction of, the United States Government.
    (2) No regulation promulgated pursuant to this section shall apply 
to or be enforced against a person who is not a citizen, national, or 
resident alien of the United States, unless in accordance with--
            (A) generally recognized principles of international law;
            (B) an agreement between the United States and the foreign 
        State of which the person is a citizen; or
            (C) an agreement between the United States and the flag 
        State of a foreign vessel or aircraft, if the person is a crew 
        member or other person on the vessel or aircraft.
    (3) The Secretary of State, in consultation with the Heads of 
Agencies, is authorized to negotiate and conclude bilateral and 
multilateral agreements with foreign States with regard to sunken State 
craft consistent with this section.
    (e) Title.--Notwithstanding any other provision of law--
            (1) the United States retains title indefinitely to its 
        sunken State craft, and associated contents unless abandoned or 
        transferred in a manner prescribed by Congress.
            (2) title to foreign sunken State craft is presumed to be 
        retained by the foreign flag State and may be abandoned or 
        transferred only in accordance with the law of the foreign flag 
        State.
    (f) Passage of Time.--(1) Title to United States sunken State craft 
wherever located shall not be extinguished by passage of time 
regardless of when such United States sunken State craft sank.
    (2) Title to foreign sunken State craft shall not be presumed to be 
extinguished by passage of time regardless of when such foreign sunken 
State craft sank.
    (g) Authority of Agency Head.--(1) Each Head of Agency is hereby 
authorized to promulgate regulations with regard to sunken State craft 
under his or her authority as necessary to implement this section, 
including regulations providing for--
            (A) the issuance of a permit to a person in accordance with 
        section (i);
            (B) the implementation of section (k); and
            (C) the loan of United States sunken State craft between or 
        to universities, museums, or other institutions that provide 
        public access for research, education, and other public 
        purposes consistent with this section.
    (2) The appropriate Head of Agency is hereby authorized to carry 
out this section and any implementing regulations with regard to United 
States sunken State craft subject to the authority of that Head of 
Agency.
    (3) At the request of any foreign State, the appropriate Head of 
Agency may carry out section (i) and any implementing regulations 
promulgated pursuant thereto with regard to any foreign sunken State 
craft of that foreign State located in United States Waters.
    (4) Each Head of Agency is hereby authorized to charge and retain 
reasonable fees to offset expenses associated with the review of permit 
applications and the issuance and administration of permits issued 
under this section.
    (h) Prohibitions.--(1) No sunken State craft of the United States 
wherever located may be disturbed injured or removed except as 
authorized by this section.
    (2) No person may engage in an activity directed at a sunken State 
craft that disturbs, removes or injures, or attempts to disturb, remove 
or injure any sunken State craft covered by this section without the 
express permission of the appropriate Head of Agency or his or her 
designee.
    (3) No person may possess, offer for sale, sell, purchase, import, 
export, transport, deliver, carry, exchange, receive, or attempt to 
purchase, import, export, transport, deliver, carry, exchange, or 
receive any sunken State craft that was disturbed, removed, or injured 
in violation of--
            (A) the prohibitions contained in subsections (h)(1) and 
        (2), or
            (B) any provision, rule, regulation, ordinance, or permit 
        in effect under any provision of Federal, foreign, or other 
        applicable law.
    (i) Permits.--Without limitation on the discretion of Heads of 
Agency regarding administration of United States sunken State craft for 
which they may continue to be responsible regardless of sinking, the 
United States, through the appropriate Head of Agency, shall have 
permitting authority over those persons and vessels that are engaged 
in, or propose to engage in, activities directed at any United States 
sunken State craft wherever located, or any foreign sunken State craft 
as provided by paragraph (3) of section (g).
    (j) Liability for Damages.--(1) Except with the permission of the 
appropriate Head of Agency or his or her designee, any person who 
engages in an activity directed at a sunken State craft that disturbs, 
removes, or injures any sunken State craft is liable for response 
costs, enforcement costs, and damages resulting from such disturbance, 
removal, or injury.
    (2) Damages may include--
            (A) the reasonable costs incurred in storage, restoration, 
        care, maintenance, conservation, and curation of any sunken 
        State craft disturbed, removed, or injured without 
        authorization; and
            (B) the cost of retrieving any information of an 
        archaeological, historical, or cultural nature remaining from a 
        site where the sunken State craft was disturbed, removed, or 
        injured without authorization.
    (k) Administrative Enforcement.--Any person who violates this 
section, or any regulation or permit issued thereunder, may be assessed 
a civil penalty by the Head of Agency concerned, or his or her 
designee, after notice and an opportunity for a hearing. Such penalty 
may not exceed $100,000, for each such violation, and each day of a 
continued violation shall constitute a separate violation.
    (l) Judicial Enforcement.--At the request of the appropriate Head 
of Agency, the Attorney General may institute a civil action in an 
appropriate district court of the United States to--
            (1) recover response costs and damages resulting from a 
        violation of this section;
            (2) seek a civil penalty not to exceed $200,000, against 
        any person who violates this section or regulation or permit 
        issued thereunder, or against any vessel, in rem, used in such 
violation; or
            (3) obtain such relief as may be necessary to abate an 
        imminent risk of disturbance of, removal of, or injury to any 
        sunken State craft as determined by the appropriate Head of 
        Agency, or if there has been actual disturbance of, removal of, 
        or injury to any sunken State craft. The district courts of the 
        United States shall have jurisdiction in such a case to order 
        such relief as the public interest and the equities of the case 
        may require.
    (m) Rights of Foreign States.--(1) Consistent with this section, 
foreign States may assert before any United States court their 
sovereign interest in any sunken State craft located in United States 
Waters or which is the subject of a case brought in a court of the 
United States.
    (2) Upon the request of a foreign State and consistent with this 
section, the Attorney General is hereby authorized in his or her 
discretion to appear in the courts of the United States to enforce this 
section on behalf of such foreign State with regard to any of its 
sunken State craft located in United States Waters or which is the 
subject of a case brought in a court of the United States.
    (n) Relationship to Other Laws.--(1) The law of finds shall not 
apply to any United States sunken State craft wherever located or to 
any foreign sunken State craft located in United States Waters.
    (2) No salvage rights or awards shall be granted with respect to 
any sunken State craft without the express permission of the flag 
State.
    (3) Nothing in this section is intended to alter the international 
law of capture or prize with respect to sunken State craft.
    (4) Nothing in sections 4281 through 4287, and 4289 of the Revised 
Statutes (46 U.S.C. App. 181-188) and section 3 of the Act of February 
13, 1893 (ch. 105, 27 Stat. 445, 46 U.S.C. App. 192) shall limit the 
liability of any person under this section.
    (5) Nothing in this section is intended to affect activities not 
directed at a sunken State craft, or the traditional high seas freedoms 
of navigation, the laying of submarine cables and pipelines, or other 
internationally lawful uses of the sea related to these freedoms such 
as the operation of ships and fishing, so long as these activities are 
not undertaken as a subterfuge for activities prohibited by this 
section.
    (6) This section and any implementing regulations 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.
    (7) Nothing in this section is intended to preclude or limit the 
application of any other law enforcement authorities of the Commandant 
of the United States Coast Guard.
    (8) Nothing in this section shall invalidate any prior delegation, 
authorization or related regulations consistent with this section.
    (9) Each provision of this section is severable. If a court should 
find any provision of this section to be unenforceable, all other 
provisions shall remain in full force and effect.
    (10) Nothing in this section is intended to prevent the United 
States from pursuing criminal sanctions for plundering of wrecks, 
larceny of government property, or other applicable criminal law.
    (11) The Departments of Commerce, Defense, Homeland Security, 
Interior, Justice, State, and the General Services Administration are 
authorized to cooperate with the Head of Agency concerned as well as 
with state and foreign government agencies on the protection and 
management of sunken State craft wherever located, consistent with the 
purposes of this section.
    (12) Notwithstanding any other provision of law, abandonment of 
sunken State craft may occur only as prescribed herein.
    (o) Limitations.--An action to enforce a violation of this section 
or any regulation or permit issued thereunder, may not be brought more 
than eight years after all facts material to the right of action are 
known or should have been known by the Head of Agency concerned, and 
the defendant is subject to the jurisdiction of the appropriate United 
States district court or administrative forum.

                 Subtitle C--Workplace and Depot Issues

SEC. 321. EXCLUSION OF CERTAIN EXPENDITURES FROM PERCENTAGE LIMITATION 
              ON CONTRACTING FOR PERFORMANCE OF DEPOT-LEVEL MAINTENANCE 
              AND REPAIR WORKLOADS.

    Section 2474(f)(1) of title 10, United States Code, is amended by 
striking ``under any contract entered into during fiscal years 2003 
through 2006''.

              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, 482,400.
            (2) The Navy, 365,900.
            (3) The Marine Corps, 175,000.
            (4) The Air Force, 359,700.

SEC. 402. NEW TITLE FOR THE VICE-CHIEF OF THE NATIONAL GUARD BUREAU.

    (a) In General.--Section 10505 of title 10, United States Code, is 
amended by striking ``Vice Chief of the National Guard Bureau'' each 
place it appears and inserting ``Director of the Joint Staff of the 
National Guard Bureau''.
    (b) Clerical Amendments.--(1) The heading of such section is 
amended by striking ``Vice Chief of the National Guard Bureau'' and 
inserting ``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 by striking 
``Vice Chief of the National Guard Bureau'' and inserting ``Director of 
the Joint Staff of the National Guard Bureau''.

                       Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

    (a) In General.--The Armed Forces are authorized strengths for 
Selected Reserve personnel of the reserve components as of September 
30, 2005, as follows:
            (1) The Army National Guard of the United States, 350,000.
            (2) The Army Reserve, 205,000.
            (3) The Naval Reserve, 83,400.
            (4) The Marine Corps Reserve, 39,600.
            (5) The Air National Guard of the United States, 106,800.
            (6) The Air Force Reserve, 76,100.
            (7) The Coast Guard Reserve, 10,000.
    (b) Adjustments.--The end strengths prescribed by subsection (a) 
for the Selected Reserve of any reserve component shall be 
proportionately reduced by--
            (1) the total authorized strength of units organized to 
        serve as units of the Selected Reserve of such component which 
        are on active duty (other than for training) at the end of the 
        fiscal year; and
            (2) the total number of individual members not in units 
        organized to serve as units of the Selected Reserve of such 
        component who are on active duty (other than for training or 
        for unsatisfactory participation in training) without their 
        consent at the end of the fiscal year.
Whenever such units or such individual members are released from active 
duty during any fiscal year, the end strength prescribed for such 
fiscal year for the Selected Reserve of such reserve component shall be 
increased proportionately by the total authorized strengths of such 
units and by the total number of such individual members.

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

    Within the end strengths prescribed in section 411(a), the reserve 
components of the Armed Forces are authorized, as of September 30, 
2005, the following number of Reserves to be serving on full-time 
active duty or full-time duty, in the case of members of the National 
Guard, for the purpose of organizing, administering, recruiting, 
instructing, or training the reserve components:
            (1) The Army National Guard of the United States, 26,476.
            (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, 12,225.
            (6) The Air Force Reserve, 1,900.

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).

    The minimum number of military technicians (dual status) as of the 
last day of fiscal year 2005 for the reserve components of the Army and 
the Air Force (notwithstanding section 129 of title 10, United States 
Code) shall be the following:
            (1) For the Army Reserve, 7,299.
            (2) For the Army National Guard of the United States, 
        25,076.
            (3) For the Air Force Reserve, 9,954.
            (4) For the Air National Guard of the United States, 
        22,956.

SEC. 414. FISCAL YEAR 2005 LIMITATION ON NUMBER OF NON-DUAL STATUS 
              TECHNICIANS.

    (a) Limitations.--(1) Within the limitation provided in section 
10217(c)(2) of title 10, United States Code, the number of non-dual 
status technicians employed by the National Guard as of September 30, 
2005, may not exceed the following:
            (A) For the Army National Guard of the United States, 
        1,600.
            (B) For the Air National Guard of the United States, 350.
    (2) The number of non-dual status technicians employed by the Army 
Reserve as of September 30, 2005, may not exceed 795.
    (3) The number of non-dual status technicians employed by the Air 
Force Reserve as of September 30, 2005, may not exceed 90.
    (b) Non-Dual Status Technicians Defined.--In this section, the term 
``non-dual status technician'' has the meaning given that term in 
section 10217(a) of title 10, United States Code.

SEC. 415. SPECIAL RULE FOR COMPUTING THE HIGH-36 MONTH AVERAGE FOR 
              RESERVE COMPONENT MEMBERS.

    (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.--
            ``(A) High-36 month average for disability retired pay.--
        The high-three average of a Reserve component member entitled 
        to retired pay under section 1201 or 1202 of this title, or a 
        spouse of a Reserve component member entitled to a survivor 
        benefit plan annuity under section 1448(d)(1)(B) of this title, 
        is the amount equal to--
                    ``(i) the total amount of monthly basic pay to 
                which the member was entitled during the member's high-
                36 months (or to which the member would have been 
                entitled if the member had served on active duty during 
                the entire period of the member's high-36 months), 
                divided by
                    ``(ii) 36.
            ``(B) Short-term disability retired pay.--Notwithstanding 
        subparagraph (A), the high-three average of a Reserve component 
        member with less than 36 months who is entitled to retired pay 
        under section 1201 or 1202 of this title, or a spouse of a 
        Reserve component member entitled to a survivor benefit plan 
        annuity under section 1448(d)(1)(B) of this title, is the 
        amount equal to--
                    ``(i) the total amount of monthly basic pay to 
                which the member was entitled during the entire period 
                the member was a member of a uniformed service before 
                being so retired (or to which the member would have 
                been entitled if the member had served on active duty 
                during the entire period the member was a member of a 
                uniformed service before being so retired), divided by
                    ``(ii) the number of months (including any fraction 
                thereof) during which the member was a member before so 
                retiring.''.
    (b) Effective Date.--For purposes of determining the annuity for 
the spouse of a member who died while on active duty, the amendments 
made by this section shall take effect as of September 10, 2001.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

SEC. 501. TRANSITION OF ACTIVE-DUTY LIST OFFICER FORCE TO ALL --REGULAR 
              STATUS.

    (a) Eliminate Requirement That All Active Duty Officers Serve in a 
Reserve Status for at Least One Year.--Section 532 of title 10, United 
States Code, is amended by striking subsection (e).
    (b) Amend the Qualifications for Original Appointment as a 
Commissioned Officer.--Section 532 is further amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (2); and
                    (B) by redesignating paragraphs (3), (4), and (5) 
                as paragraphs (2), (3), and (4), respectively; and
            (2) by adding at the end the following new subsection:
    ``(f) The Secretary of Defense may waive the requirement of 
subsection (a)(1) with respect to an alien lawfully admitted to 
permanent residence when the Secretary determines that the national 
security so requires.''.
    (c) Eliminate Limitations Placed on Total Strength of Regular 
Commissioned Officers Serving on the Active-Duty List.--Section 522 of 
such title is repealed.
    (d) Eliminate Senate Confirmation for Original Appointments of 
Commissioned Officers.--Section 531(a) of such title is amended to read 
as follows:
    ``(a) 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 
this authority to the Secretary of Defense. 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.''.
    (e) Force Shaping Authority.--Chapter 36 of such title is amended 
by adding after section 646 the following new section:
``Sec. 647. Force shaping authority
    ``(a) In General.--Under regulations prescribed by the Secretary 
concerned, for force shaping purposes only, the Secretary may discharge 
or transfer an officer on the active-duty list to the reserve active-
status list, who:
            ``(1) has 7 years or less of commissioned service; or-
            ``(2) has more than 7 years commissioned service, but has 
        not completed his minimum service obligation.
    ``(b) Definition.--In this section, the term `minimum service 
obligation' means--
            ``(1) the initial period of required active duty service; 
        and
            ``(2) any additional period of required active duty service 
        incurred during the initial period of required active duty 
        service.''.
    (f) Eligibility for Separation Pay Upon Involuntary Discharge.--
Section 1174(e)(2)(B) of such title is amended by inserting after 
``service'' the following: ``, except under conditions as described in 
section 647 of this title''.
    (g) Eliminate Requirement for Oath Upon Transition From Active 
Component to Reserve Component.--Section 12201(a) of such title is 
amended by inserting after the first sentence the following new 
sentence: ``An officer who transfers from the active-duty list to the 
reserve active-status list is not required to subscribe to the oath 
prescribed by section 3331 of title 5.''.
    (h) Authority to Appoint Reserve Officers Transferred From the 
Active-Duty List to the Reserve Active-Status List.--Section 12203 of 
such title is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b) Notwithstanding the requirements of subsection (a), 
appointments of officers transferred from the active-duty list to the 
reserve active-status list shall be made by the Secretary concerned.''.
    (i) Transfer of Officers From the Reserve Active-Status List to the 
Active-Duty List.--Section 531 of such title is amended by adding at 
the end the following new subsection:
    ``(c) Appointments in the Regular Army, Regular Air Force, Regular 
Navy and Regular Marine Corps of officers holding Reserve commissions 
may be made by the Secretary concerned.''.
    (j) Exempt Ready Reserve Officers From the Active-Duty List.--
Section 641(1)(F) of such title is amended to read as follows:-
    ``(F) ordered to active duty under sections 12302 and 12304 of this 
title;''
    (k) Deletion of Requirement To Serve 6 Years in the Reserve 
Component To Meet Retirement Eligibility.--Section 12731(a) of such 
title is amended--
            (1) by inserting ``and'' at the end of paragraph (2);
            (2) by striking paragraph (3); and
            (3) by redesignating paragraph (4) as paragraph (3).
    (l) 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 on active duty in pay grade O-1 with full pay and 
allowances of that grade. Upon graduation they shall be appointed in a 
regular component, if qualified, unless they are covered by section 
2115 of this title.'' and inserting ``Notwithstanding any other 
provision of law, they shall be appointed in the regular component and 
shall serve on active duty as an O-1 with full pay and allowances of 
that grade. Upon graduation they shall be required to serve on active 
duty unless covered by section 2115 of this title.''.
    (m) Effective Date.--The amendments made by this section shall take 
effect six months after the date of enactment of this Act.

SEC. 502. STRENGTH IN GRADE: COMMISSIONED OFFICERS IN GRADES BELOW 
              BRIGADIER GENERAL OR REAR ADMIRAL (LOWER HALF) IN AN 
              ACTIVE STATUS.

    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 combined    35 percent.''.
with the number authorized for general officer grades 
under section 12004 of this title).

SEC. 503. JOINT DUTY CREDIT REQUIRED FOR PROMOTION TO FLAG OR GENERAL 
              OFFICER.

    Section 619a(b) of title 10, United States Code, is amended--
            (1) in paragraph (2), by striking ``scientific and 
        technical'' and inserting ``a career field specialty''; and
            (2) in paragraph (4), by striking ``if--'' and all that 
        follows and inserting ``if the officer's total consecutive 
        service in joint duty assignments within that immediate 
        organization meets the requirements of section 664 of this 
        title for full joint duty credit.''.

SEC. 504. REVISED PROMOTION POLICY OBJECTIVES FOR JOINT OFFICERS.

    (a) In General.--Section 662(a) of title 10, United States Code, is 
amended to read as follows:
    ``(a) Qualifications.--(1) The military departments shall establish 
internal procedures and processes necessary to validate the 
qualifications of active duty list officers assigned to joint duty 
activities, as defined in section 668 of this title. These internal 
measures will ensure an adequate number of senior colonels, or in the 
case of the Navy, captains, are eligible for promotion to brigadier 
general and rear admiral (lower half) to meet the requirements of 
section 619a of this title.
    ``(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 (other than officers in subparagraph (A)) 
        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 will develop policies to ensure 
Secretaries of the military departments provide appropriate 
consideration to joint service officers eligible for promotion 
selection boards.''.
    (b) Conforming Amendment.--Subsection (b) of such section is 
amended by striking ``(1), (2), and (3)'' and inserting ``(1)(A) and 
(1)(B)''.

SEC. 505. MODIFY LENGTH OF JOINT DUTY ASSIGNMENTS.

    Section 664 of title 10, United States Code, is amended to read as 
follows:
``Sec. 664. Length of joint duty assignments
    ``(a) Length of Joint Duty Assignments.--In the case of officers 
serving in a grade not less than Major, or, in the case of the Navy, 
Lieutenant Commander, the length of a joint duty assignment will mirror 
the standard tour length the Secretary of Defense establishes for each 
installation or location authorized for joint duty assignments as 
specified in section 668 of this title. Joint duty credit is awarded as 
provided by subsection (c). Duty at a qualified joint task force 
headquarters requires one year of total service credited in the manner 
specified in subsection (c).
    ``(b) Exclusions From Tour Length.--The Secretary of a military 
department may request that the joint activity to which an officer is 
assigned curtail the officer's joint assignment. The officer will 
receive full credit for service when an assignment was curtailed from 
the standards prescribed in subsection (a), provided the officer has 
served at least 24 months in a joint position with a tour length of 
greater than 24 months, or the full term of a Secretary of Defense-
established tour length, and the joint activity agreed to the 
curtailment.
    ``(c) Full Credit for Joint Duty.--An officer shall be considered 
to have completed a full tour of joint duty in a joint duty assignment 
for the purposes of awarding full credit upon the completion of any of 
the following:
            ``(1) A joint duty assignment that meets the standards 
        prescribed in subsection (a) or (b).
            ``(2) Accumulation of partial credit totaling one year of 
        service earned by service in one or more joint task force 
        headquarters as specified in subsection (a).
            ``(3) A joint duty assignment with respect to which the 
        Secretary of Defense has granted a waiver under subsection (d).
            ``(4) A second joint duty assignment that is less than 24 
        months, without regard to the nature of credit awarded to the 
        officer for his or her first assignment in a Joint Duty 
        Assignment List position.
    ``(d) Waiver Authority.--The Secretary of Defense may waive this 
section when it is considered essential for military personnel 
management. The Secretary may grant such a waiver only on a case-by-
case basis for a specific officer.''.

SEC. 506. MANAGEMENT OF JOINT SPECIALTY OFFICERS.

    Section 661 of title 10, United States Code, is amended--
            (1) in subsection (c)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) An officer will be designated with a joint specialty 
        officer identifier after the officer--
                    ``(A) successfully completes a Chairman of the 
                Joint Chiefs of Staff accredited program from a joint 
                professional military education institution and 
                successfully completes a full tour of duty in a joint 
                duty assignment (not necessarily in this order); or
                    ``(B) successfully completes two full tours of duty 
                in joint duty assignments.'';
                    (B) by striking paragraphs (2) and (3); and
                    (C) by redesignating paragraph (4) as paragraph 
                (2);
            (2) by striking subsection (d);
            (3) by redesignating subsections (e) and (f) as subsections 
        (d) and (e), respectively; and
            (4) by amending subsection (d), as redesignated by 
        paragraph (3), to read as follows:
    ``(d) Joint Specialty Officer Designation for General and Flag 
Positions.--The Secretary shall ensure that general and flag officer 
joint duty assignments that require officers with the joint specialty 
will be designated as requiring a joint specialty officer. Once a 
position is designated as requiring a joint specialty officer, a non-
joint specialty officer can be assigned to the position only if the 
Secretary deems the assignment of a non-joint specialty officer 
necessary and waives the requirement to assign a joint specialty 
officer.''.

SEC. 507. ELIMINATE DISTRIBUTION QUOTAS FOR GENERAL AND FLAG OFFICERS 
              SERVING IN THE GRADES OF O-7 AND O-8.

    Section 525 of title 10, United States Code, is amended--
            (1) by repealing subsection (a); and
            (2) by redesignating subsections (b), (c), and (d) as 
        subsections (a), (b), and (c), respectively.

SEC. 508. ELIMINATE MANDATORY RETIREMENT OF ACTIVE DUTY GENERAL AND 
              FLAG OFFICERS AFTER 30 YEARS OF SERVICE.

    (a) In General.--Sections 635 and 636 of title 10, United States 
Code, are repealed.
    (b) Technical and Conforming Amendments.--(1) Section 637(b) of 
such title is amended--
            (A) by striking paragraph (2); and
            (B) by redesignating paragraph (3) as paragraph (2).
    (2) The table of sections at the beginning of subchapter III of 
chapter 36 of such title is amended by striking the items relating to 
sections 635 and 636.

SEC. 509. LENGTH OF TERMS FOR THE ASSISTANTS TO THE CHAIRMAN OF THE 
              JOINT CHIEFS OF STAFF FOR NATIONAL GUARD AND RESERVE 
              MATTERS.

    Subsection (c) of section 901 of the National Defense Authorization 
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1853), is 
amended by striking ``for a term of two years and may be continued in 
that assignment in the same manner for one additional term. However, in 
time of war there is no limit on the number of terms.''.

SEC. 510. LENGTH OF SERVICE FOR THE SENIOR LEADERS OF THE MILITARY 
              DEPARTMENTS.-

    (a) Chief of Staff of the Army.--Paragraph (1) of section 3033(a) 
of title 10, United States Code, is amended to read as follows:-
    ``(a)(1) There is a Chief of Staff of the Army, appointed for a 
period of four years by the President, by and with the advice and 
consent of the Senate, from the general officers of the Army. He serves 
at the pleasure of the President, and the President may extend the 
length of service as he determines necessary.''.-
    (b) Chief of Naval Operations.--Paragraph (1) of section 5033(a) of 
such title is amended to read as follows:-
    ``(a)(1) There is a Chief of Naval Operations, appointed by the 
President, by and with the advice and consent of the Senate. The Chief 
of Naval Operations shall be appointed for a term of four years, from 
officers on the active-duty list in the line of the Navy who are 
eligible to command at sea and who hold the grade of rear admiral or 
above. He serves at the pleasure of the President, and the President 
may extend the length of service as he determines necessary.''.
    (c) Commandant of the Marine Corps.--Paragraph (1) of section 
5043(a) of such title is amended to read as follows:-
    ``(a)(1) There is a Commandant of the Marine Corps, appointed by 
the President, by and with the advice and consent of the Senate. The 
Commandant shall be appointed for a term of four years from officers on 
the active-duty list of the Marine Corps not below the grade of 
colonel. He serves at the pleasure of the President, and the President 
may extend the length of service as he determines necessary.''.-
    (d) Chief of Staff of the Air Force.--Paragraph (1) of section 
8033(a) of such title is amended to read as follows:-
    ``(a)(1) There is a Chief of Staff of the Air Force, appointed for 
a period of four years by the President, by and with the advice and 
consent of the Senate, from the general officers of the Air Force. He 
serves at the pleasure of the President, and the President may extend 
the length of service as he determines necessary.''.

SEC. 511. EXTENDING AGE LIMITS FOR ACTIVE DUTY GENERAL AND FLAG--
              OFFICERS.

    Section 1251, of title 10, United States Code, is amended to read 
as follows:
Sec. 1251. Regular commissioned officers; exceptions-
    ``(a)(1) Unless retired or separated earlier, each regular 
commissioned officer of the Army, Air Force, or Marine Corps serving in 
a grade at or above brigadier general or rear admiral (lower half) in 
the Navy shall be retired on the first day of the month following the 
month in which the officer becomes 68 years of age.-
    ``(2) Notwithstanding paragraph (1), the Secretary of Defense may 
defer the retirement of a general or flag officer, but such a deferment 
may not extend beyond the first day of the month following the month in 
which the officer becomes 72 years of age.-
    ``(b)(1) Unless retired or separated earlier, each regular 
commissioned officer of the Army, Air Force, or Marine Corps (other 
than an officer who is a permanent professor, director of admissions, 
or registrar of the United States Military Academy or United States Air 
Force Academy or a commissioned warrant officer) serving in a grade 
below brigadier general or rear admiral (lower half) in the Navy shall 
be retired on the first day of the month following the month in which 
he becomes 62 years of age. An officer who is a permanent professor at 
the United States Military Academy or United States Air Force Academy, 
the director of admissions at the United States Military Academy, or 
the registrar of the United States Air Force Academy shall be retired 
on the first day of the month following the month in which he becomes 
64 years of age.-
    ``(2) The Secretary concerned may defer the retirement under 
paragraph (1) of a health professions officer if during the period of 
the deferment the officer will be performing duties consisting 
primarily of providing patient care or performing other clinical 
duties.-
    ``(3) The Secretary concerned may defer the retirement under 
paragraph (1) of an officer who is appointed or designated as a 
chaplain if the Secretary determines that such deferral is in the best 
interest of the military department concerned.-
    ``(4)(A) Except as provided in subparagraph (B), a deferment under 
this subsection may not extend beyond the first day of the month 
following the month in which the officer becomes 68 years of age.-
    ``(B) The Secretary concerned may extend a deferment under this 
subsection beyond the day referred to in subparagraph (A) if the 
Secretary determines that extension of the deferment is necessary for 
the needs of the military department concerned. Such an extension shall 
be made on a case-by-case basis and shall be for such period as the 
Secretary considers appropriate.-
    ``(5) For purposes of this subsection, a health professions officer 
is----
            ``(A) a medical officer;--
            ``(B) a dental officer; or-
            ``(C) an officer in the Army Nurse Corps, an officer in the 
        Navy Nurse Corps, or an officer in the Air Force designated as 
        a nurse.''.

SEC. 512. LATERAL REASSIGNMENT OF CERTAIN GENERALS AND ADMIRALS.

    Subsection (a) of section 601 of title 10, United States Code, is 
amended to read as follows:-
    ``(a)(1) The President may designate positions of importance and 
responsibility to carry the grade of general or admiral or lieutenant 
general or vice admiral. The President may assign to any such position 
an officer of the Army, Navy, Air Force, or Marine Corps who is serving 
on active duty in any grade above colonel or, in the case of an officer 
of the Navy, any grade above captain. An officer assigned to any such 
position has the grade specified by the President for such position, as 
provided in paragraph (2).-
    ``(2) An officer may be appointed initially to the grade of general 
or admiral or lieutenant general or vice admiral if he is appointed to 
that grade by the President, by and with the advice and consent of the 
Senate. If the President or Secretary of Defense reassigns such an 
officer to another position of importance and responsibility at the 
same grade, no further appointment to that grade is required unless the 
position to which the officer is reassigned is established by law.-
    ``(3) Except as provided in subsection (b), the appointment of an 
officer to a grade under this section for service in a position of 
importance and responsibility ends on the date of the termination of 
the assignment of the officer to that position.''.

SEC. 513. LENGTH OF SERVICE FOR THE CHAIRMAN AND VICE CHAIRMAN OF--THE 
              JOINT CHIEFS OF STAFF.

    (a) Chairman of the Joint Chiefs of Staff.--Subsection (a) of 
section 152 of title 10, United States Code, is amended----
            (1) by amending paragraph (1) to read as follows:-
            ``(1) There is a Chairman of the Joint Chiefs of Staff, 
        appointed by the President, by and with the advice and consent 
        of the Senate, from the officers of the regular components of 
        the armed forces. The Chairman serves at the pleasure of the 
        President for a term of two years, and the President may 
        appoint the Chairman for additional two-year terms as he 
        determines necessary.''; and--
            (2) by striking paragraph (3).-
    (b) Vice Chairman of the Joint Chiefs of Staff.--Paragraph (3) of 
section 154(a) of such title is amended to read as follows:-
    ``(3) The Vice Chairman serves at the pleasure of the President for 
a term of two years, and the President may appoint the Vice Chairman 
for additional two-year terms as he determines necessary.''.

SEC. 514. PROMOTION POLICY OBJECTIVES FOR JOINT OFFICERS.

    Section 662(a)(3) of title 10, United States Code, is amended by 
striking ``(other than officers covered in paragraphs (1) and (2))''.

                Subtitle B--Reserve Component Management

SEC. 521. REVISED CONCEPT OF INACTIVE DUTY AND REPEAL OF FUNERAL HONORS 
              DUTY.-

    (a) Definition of Inactive Duty.--(1) Section 101(d)(7) of title 
10, United States Code, is amended by striking ``training''.-
    (2) Section 101(22) of title 37, United States Code, is amended by 
striking ``training''.
    (b) Compensation for Inactive Duty.--Section 206 of title 37, 
United States Code, is amended----
            (1) by striking ``training'' in the section title;--
            (2) in subsection (a)(3)-----
                    (A) in subparagraph (A)(ii), by striking 
                ``training''; and--
                    (B) in subparagraph (C), by striking ``training'' 
                each place it appears; and
          (3) in paragraph (1) of subsection (b)--
                    (A) by inserting ``(to include telecommuting)'' 
                after ``appropriate duties''; and
                    (B) by inserting ``or duty'' after ``kind of 
                training''.
    (c) Repeal of Funeral Honors Duty.--(1)(A) Section 12503 of title 
10, United States Code, is repealed.
    (B) The table of sections at the beginning of chapter 1213 of such 
title is amended by striking the item relating to section 12503.-
    (2)(A) Section 115 of title 32, United States Code, is repealed.
    (B) The table of sections at the beginning of chapter 1 of such 
title 32 is amended by striking the item relating to section 115.
    (c) Conforming Amendments.--
            (1) Section 802 of title 10, United States Code, is 
        amended--
                    (A) in paragraph (3) of subsection (a), by striking 
                ``inactive-duty training'' and inserting ``inactive 
                duty''; and
                    (B) in subsection (d)--
                            (i) in paragraph (2)(B), by striking 
                        ``inactive-duty training'' and inserting 
                        ``inactive duty''; and
                            (ii) in paragraph (5)(B), by striking 
                        ``inactive-duty training'' and inserting 
                        ``inactive duty''.
            (2) Section 803(d) of such title is amended by striking 
        ``inactive-duty training'' and inserting ``inactive duty'' each 
        place it appears.
            (3) Section 936 of such title is amended--
                    (A) in subsection (a), by striking ``inactive-duty 
                training'' and inserting ``inactive duty''; and
                    (B) in subsection (b), by striking ``inactive-duty 
                training'' and inserting ``inactive duty''.
            (4) Section 976(a)(1)(C) of such title is amended by 
        striking ``inactive-duty training'' and inserting ``inactive 
        duty''.
            (5) Section 1061(b) of such title is amended by striking 
        ``inactive-duty training'' each place it appears and inserting 
        ``inactive duty''.
            (6) Section 1074a(a) of such title is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``inactive-duty training'' 
                        each place it appears and inserting ``inactive 
                        duty''; and
                            (ii) by striking subparagraph (C).
                    (B) in paragraph (2)--
                            (i) by striking ``inactive-duty training'' 
                        each place it appears and inserting ``inactive 
                        duty''; and
                            (ii) by striking subparagraph (C).
                    (C) in paragraph (3), by striking ``inactive-duty 
                training'' each place it appears and inserting 
                ``inactive duty''; and
                    (D) by striking paragraph (4).
            (7) Section 1076(a)(2) of such title is amended--
                    (A) by striking ``inactive-duty training'' each 
                place it appears and inserting ``inactive duty''; and
                    (B) by striking subparagraph (E).
            (8) Section 1086(c)(2)(B) of such title is amended by 
        striking ``inactive-duty training'' each place it appears and 
        inserting ``inactive duty''.
            (9) Section 1175(e)(2) of such title is amended by striking 
        ``training''.
            (10) Section 1204 of such title is amended--
                    (A) by striking ``inactive-duty training'' in the 
                section heading and inserting ``inactive duty''; and
                    (B) in paragraph (2)--
                            (i) by striking ``inactive-duty training'' 
                        each place it appears and inserting ``inactive 
                        duty'';
                            (ii) by inserting ``or'' at the end of 
                        clause (ii);
                            (iii) by striking ``or'' at the end of 
                        clause (iii); and
                            (iv) by striking subparagraph (C).
            (11) Section 1206 of such title is amended--
                    (A) by striking ``inactive-duty training'' in the 
                section heading and inserting ``inactive duty''; and
                    (B) by amending paragraph (2) to read as follows:
            ``(2) the disability is a result of an injury, illness, or 
        disease incurred or aggravated 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.''.
            (12)(A) Section 12552 is repealed.
                    (B) The table of sections at the beginning of 
                chapter 1215 of such title is amended by striking the 
                item relating to 12552.
            (13) Section 1471(b)(3)(A) of such title is amended by 
        striking ``training'' each place it appears.
            (14) Section 1475 of such title is amended--
                    (A) by striking ``training'' in the heading; and
                    (B) in subsection (a)--
                            (i) in paragraph (2), by striking 
                        ``training''; and
                            (ii) in paragraph (3), by striking 
                        ``training'' the second and fourth place it 
                        appears.
            (15) Section 1476 of such title is amended--
                    (A) by striking ``training'' in the heading; and
                    (B) in subsection (a), by striking ``inactive-duty 
                training'' each place it appears and inserting 
                ``inactive duty''.
            (16) Section 1478(a) of such title is amended--
                    (A) in paragraph (3), by striking ``training'' each 
                place it appears;
                    (B) in paragraph (7)--
                            (i) by striking ``training'' the first 
                        place it appears; and
                            (ii) by striking ``or training''; and
                    (C) in paragraph (8), by striking ``training'' each 
                place it appears.
            (17) Section 1481(a)(2) of such title is amended----
                    (A) by striking ``inactive-duty training'' each 
                place it appears and inserting ``inactive duty'';
                    (B) by striking ``; or'' at the end of subparagraph 
                (E) and inserting a period; and
                    (C) by striking subparagraph (F).
            (18) Section 2031(d)(2) of such title is amended by 
        striking ``training''.
            (19) Section 9446(a)(3) of such title is amended by 
        striking ``inactive-duty training'' and inserting ``inactive 
        duty''.
            (20) Section 10204(b) of such title is amended by striking 
        ``inactive duty training'' and inserting ``inactive duty''.
            (21) Section 12317 of such title is amended by striking 
        ``training''.
            (22) Section 12319(c) of such title is amended--
                    (A) by striking ``inactive-duty training'' each 
                place it appears and inserting ``inactive duty''; and
                    (B) by striking ``that training'' and inserting 
                ``such duty''.
            (23) Section 12602 of such title is amended--
                    (A) in subsection (a)(3), by striking ``inactive-
                duty training'' each place it appears and inserting 
                ``inactive duty''; and
                    (B) in subsection (b)(3), by striking ``inactive-
                duty training'' each place it appears and inserting 
                ``inactive duty''.
            (24) Section 12603 of such title is amended--
                    (A) by striking ``inactive-duty training'' in the 
                section heading and inserting ``inactive duty''; and
                    (B) in subsection (a)--
                            (i) by striking ``training'' the first 
                        place it appears; and
                            (ii) by striking ``the training'' and 
                        inserting ``such duty''.
            (25) Section 12604 of such title is amended--
                    (A) by striking ``inactive-duty training'' in the 
                section heading and inserting ``inactive duty''; and
                    (B) in subsection (a), by striking ``inactive-duty 
                training'' and inserting ``inactive duty''.
            (26) Section 12732(a) of such title is amended--
                    (A) in paragraph (2), by striking subparagraph (E); 
                and
                    (B) by striking ``clauses (A), (B), (C), (D), and 
                (E)'' and inserting ``clauses (A), (B), (C), and (D)''.
            (27) Section 18505 of such title is amended--
                    (A) by striking ``inactive-duty training'' in the 
                section heading and inserting ``inactive duty''; and
                    (B) in subsection (a), by striking ``inactive-duty 
                training'' each place it appears and inserting 
                ``inactive duty''.
            (28) Section 114 of title 32, United States Code, is 
        amended by striking the second sentence.
            (29) Section 101(22) of title 37, United States Code, is 
        amended by striking ``inactive-duty training'' and inserting 
        ``inactive duty''.
            (30) Section 204 of such title is amended--
                    (A) in subsection (g)(1)--
                            (i) in subparagraph (B), by striking 
                        ``inactive-duty training'' and inserting 
                        ``inactive duty'';
                            (ii) in subparagraph (C), by striking ``or 
                        training'';
                            (iii) in subparagraph (D)--
                                    (I) by striking ``inactive-duty 
                                training'' each place it appears and 
                                inserting ``inactive duty''; and
                                    (II) by striking ``; or'' at the 
                                end and inserting a period; and
                            (iv) by striking subparagraph (E); and
                    (B) in subsection (h)(1)--
                            (i) in subparagraph (B), by striking 
                        ``inactive-duty training'' and inserting 
                        ``inactive duty'';
                            (ii) in subparagraph (C), by striking ``or 
                        training'';
                            (iii) in subparagraph (D)--
                                    (I) by striking ``inactive-duty 
                                training'' each place it appears and 
                                inserting ``inactive duty''; and
                                    (II) by striking ``; or'' at the 
                                end and inserting a period; and
                            (iv) by striking subparagraph (E).
            (31) Section 205(e)(2)(A) of such title is amended by 
        striking ``inactive-duty training'' and inserting ``inactive 
        duty''.
            (32) Section 206 of such title is amended--
                    (A) by striking ``inactive-duty training'' in the 
                section heading and inserting ``inactive duty''; and
                    (B) in subsection (a)(3)--
                            (i) in subparagraph (A)(ii), by striking 
                        ``inactive-duty training'' and inserting 
                        ``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''.
            (33) Section 308d(a) of such title is amended by striking 
        ``for training''.
            (34) Section 320(e) of such title is amended by striking 
        ``Training'' in the heading.
            (35) 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 ``training 
                status''.
            (36) Section 433(d) of such title is amended by striking 
        ``inactive-duty training'' and inserting ``inactive duty''.
            (37) Section 552 of such title is amended--
                    (A) in subsection (a), by striking ``inactive-duty 
                training'' each place it appears and inserting 
                ``inactive duty''; and
                    (B) in subsection (d), by striking ``inactive-duty 
                training'' and inserting ``inactive duty''.
            (38) Section 106(d)(1) of title 38, United States Code, is 
        amended by striking ``inactive duty for training'' each place 
        it appears and inserting ``inactive duty''.
            (39) Section 1112(c)(3)(A)(ii) of such title is amended by 
        striking ``training'' the second place it appears.
            (40) Section 1302(b)(2) of such title is amended by 
        striking ``training'' the second place it appears.
            (41) Section 1312(a)(2)(A) of such title is amended by 
        striking ``training'' the second place it appears.
            (42) Section 1965 of such title is amended--
                    (A) in paragraph (3), by striking ``training'';
                    (B) in paragraph (4), by striking ``training'' the 
                second and third place it appears; and
                    (C) in paragraph (5), by striking ``inactive duty 
                for training'' each place it appears and inserting 
                ``inactive duty''.
            (43) Section 1967 of such title is amended--
                    (A) in subsection (a)(1)(B), by striking ``inactive 
                duty training'' and inserting ``inactive duty''; and
                    (B) in subsection (b), by striking ``inactive duty 
                training'' each place it appears and inserting 
                ``inactive duty''.
            (44) Section 1968 of such title is amended--
                    (A) in subsection (a)--
                            (i) by striking ``inactive duty training'' 
                        and inserting ``inactive duty'';
                            (ii) in paragraph (3)--
                                    (I) by striking ``inactive duty 
                                training'' and inserting ``inactive 
                                duty'';
                                    (II) by striking ``such scheduled 
                                training period'' and inserting ``such 
                                scheduled duty'';
                                    (III) by striking ``such period'' 
                                and inserting ``such duty''; and
                                    (IV) by striking ``such training'' 
                                and inserting ``such duty''.
                    (B) in subsection (b)(2), by striking ``inactive 
                duty training'' and inserting ``inactive duty''.
            (45) Section 1969(a)(3) of such title is amended by 
        striking ``inactive duty training'' and inserting ``inactive 
        duty''.
            (46) Section 1977(e) of such title is amended by striking 
        ``inactive duty training'' and inserting ``inactive duty''.
            (47) Section 2402(2) of such title is amended by striking 
        ``inactive duty training'' and inserting ``inactive duty''.
            (48) Section 4303 of such title is amended--
                    (A) in paragraph (13)--
                            (i) by striking ``inactive duty training'' 
                        and inserting ``inactive duty''; and
                            (ii) 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''; and
                    (B) in paragraph (16), by striking ``inactive duty 
                training'' and inserting ``inactive duty''.
            (49) Section 704 of title 14, United States Code, is 
        amended by striking ``inactive-duty training'' and inserting 
        ``inactive duty''.
            (50) Section 705(a) of such title is amended by striking 
        ``inactive-duty training'' and inserting ``inactive duty''.
            (51) Section 6323(a)(1) of title 5, United States Code, is 
        amended--
                    (A) by striking ``inactive-duty training'' and 
                inserting ``inactive duty''; and
                    (B) by striking ``funeral honors duty (as described 
                in section 12503 of title 10 and section 115 of title 
                32),''.
            (52) Section 3121(m) of the Internal Revenue Code of 1986 
        (26 U.S.C. 3121(m)) is amended--
                    (A) in paragraph (1)(B), by striking ``training''; 
                and
                    (B) in paragraph (3), by striking ``training'' each 
                place it appears.

SEC. 522. AUTHORIZED STRENGTHS OF NAVY AND MARINE CORPS RESERVE FLAG 
              AND GENERAL OFFICERS.

    Section 12004 of title 10, United States Code, is amended--
            (1) by amending subsection (c) to read as follows:
    ``(c) The authorized strength of the Navy and Marine Corps under 
subsection (a) is exclusive of officers counted under section 526 of 
this title.'';
            (2) by striking subsection (d); and
            (3) by redesignating subsection (e) as subsection (d).

SEC. 523. MANDATORY RETENTION ON ACTIVE DUTY TO QUALIFY FOR RETIREMENT 
              PAY.

    Section 12686 of title 10, United States Code, is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b) Non-Regular Retirement Exclusion.--This section does not 
apply to a member who, if continued on active duty, will only qualify 
for retirement under chapter 1223 of this title for non-regular 
service.''.

SEC. 524. AMENDMENT TO THE PURPOSE OF THE RESERVE COMPONENTS.

    Subsection 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. 525. ACCOUNTING AND MANAGEMENT OF NATIONAL GUARD AND RESERVE 
              PERSONNEL PERFORMING ACTIVE OR FULL-TIME DUTY.

    (a) Strength Authorizations.--Section 115 of title 10, United 
States Code, is amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (A), by striking ``active-duty 
                personnel who'' and inserting ``active-duty personnel 
                (other than members of a Reserve component described in 
                subsection (b)(2)) who'';
                    (B) in subparagraph (B), by inserting before the 
                period at the end the following: ``in connection with 
                organizing, administering, recruiting, instructing, or 
                training the reserve components of the armed forces to 
                perform duties as prescribed in section 12310 of this 
title'';
            (2) by striking subsection (h);
            (3) by redesignating subsections (b), (c), (d), (e), (f), 
        and (g) as subsections (c), (d), (e), (f), (g), and (h), 
        respectively;
            (4) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b) Certain Reserves on Active Duty To Be Authorized by Law.--
Except as authorized under subsection (a)(1), Congress shall authorize 
the maximum average strength for members of a Reserve component on 
active duty (other than for training) or full time National Guard duty 
(other than for training) who are to be paid from funds appropriated 
for--
            ``(1) reserve personnel; or
            ``(2) active duty personnel, to include funds reimbursed to 
        reserve appropriations for National Guard or reserve personnel 
        to perform active duty or full-time National Guard duty 
        provided--
                    ``(A) the period of duty is for three years or 
                less; and
                    ``(B) the cumulative periods of active duty (other 
                than for training) and full-time National Guard duty 
                (other than for training) performed by the member in 
                the previous 1460 days is less than 1095 days.'';
            (5) in subsection (e) (as redesignated by paragraph (3))--
                    (A) in paragraph (1), by striking ``subsection (a) 
                or (c)'' and inserting ``subsection (a) or (d)''; and
                    (B) in paragraph (2)--
                            (i) by striking ``subsection (a) and (c)''; 
                        and inserting ``subsection (a) and (d)'';
                            (ii) by striking ``subsection (a) (as such 
                        levels may be adjusted pursuant to subsection 
                        (e)) and subsection (c)'' and inserting 
                        ``subsection (a) (as such levels may be 
                        adjusted pursuant to subsection (f)) and 
                        subsection (d)''; and
                            (iii) by striking ``subsection (a) (as 
                        adjusted pursuant to subsection (e)) and 
                        subsection (c)'' and inserting ``subsection (a) 
                        (as adjusted pursuant to subsection (f)) and 
                        subsection (d)'';
            (6) in subsection (f) (as redesignated by paragraph (3))--
                    (A) by striking ``End'' in the heading;
                    (B) by striking ``and'' at the end of paragraph 
                (2);
                    (C) in paragraph (3), by striking the period and 
                inserting ``; and''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(4) increase the strength authorized pursuant to 
        subsection (b), notwithstanding the restrictions of 
        subparagraph (A) and (B) of paragraph (2), for a fiscal year 
        for any of the armed forces by a number equal to the number of 
        members--
                    ``(A) of a reserve component of that armed force on 
                active duty in support of a contingency operation;
                    ``(B) of the National Guard called into Federal 
                service under section 12406 of this title;
                    ``(C) of the militia called into Federal service 
                under chapter 15 of this title; and
                    ``(D) of a reserve component called to or retained 
                on active duty under section 12301(g), 12301(h) or 
                12322 of this title.''; and
            (7) in paragraph (2) of subsection (g) (as redesignated by 
        paragraph (3)), by striking ``subsection (e)(1)'' and inserting 
        ``subsection (f)(1)''.
    (b) Military to Military Contact Strength Accounting.--Section 168 
of such title is amended--
            (1) by striking subsection (f); and
            (2) by redesignating subsection (g) as subsection (f).
    (c) 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 (b) of this title''.
    (d) Field Grade Officer Strength Accounting.--Subparagraph (B) of 
section 523(b)(1) of such title is amended to read as follows:
            ``(B) on active duty or full-time National Guard duty as 
        authorized under section 115(a)(1)(B) or (b) of this title.'';
    (e) Active Guard and Reserve Field Grade Officer Strength 
Accounting.--Paragraph (2) of section 12011(e) of such title is amended 
by inserting before the period at the end the following: ``in 
connection with organizing, administering, recruiting, instructing, or 
training members of the National Guard''.
    (f) Warrant Officer Active-Duty List Exclusion.--Paragraph (1) of 
section 582 of such title is amended--
            (1) by inserting ``or'' after the semicolon at the end of 
        subparagraph (A);
            (2) by amending subparagraph (B) to read as follows:
            ``(B) on active duty or full-time National Guard duty as 
        authorized under section 115(a)(1)(B) or (b) of this title.''; 
        and
            (3) by striking subparagraphs (C), (D), and (E).
    (g) Officer Active-Duty List, Applicability of Chapter.--Paragraph 
(1) of section 641 of such title 10, United States Code, is amended--
            (1) by inserting ``or'' after the semicolon at the end of 
        subparagraph (A);
            (2) by amending subparagraph (B) to read as follows:
            ``(B) on active duty or full-time National Guard duty as 
        authorized under section 115(a)(1)(B) or (b) of this title.''; 
        and
            (3) by striking subparagraphs (C), (D), (E), (F), (G), and 
        (H).
    (h) Strength Accounting for Members Performing Drug Interdiction 
and Counter-Drug Activities.--Section 112 of title 32, United States 
Code, is amended--
            (1) by amending subsection (e) to read as follows:
    ``(e) Strength Accounting.--Members of the National Guard on active 
duty or full-time National Guard duty for the purposes of administering 
this section shall be accounted for under section 115(b) of title 
10.''; and
            (2) in subsection (f)(1), by striking ``for a period of 
        more than 180 days'' each place it appears.

SEC. 526. WAIVE REQUIREMENT THAT RESERVE CHIEFS AND NATIONAL GUARD 
              DIRECTORS MUST HAVE SIGNIFICANT JOINT DUTY EXPERIENCE.

    (a) Chief of Army Reserve.--Section 3038(b)(4) of title 10, United 
States Code, is amended by striking ``Until December 31, 2004, the'' 
and inserting ``The''.
    (b) Chief of Naval Reserve.--Section 5143(b)(4) of such title is 
amended by striking ``Until December 31, 2004, the'' and inserting 
``The''.
    (c) Commander Marine Forces Reserve.--Section 5144(b)(4) of such 
title is amended by striking ``Until December 31, 2004, the'' and 
inserting ``The''.
    (d) Chief of Air Force Reserve.--Section 8038(b)(4) of such title 
is amended by striking ``Until December 31, 2004, the'' and inserting 
``The''.
    (e) Director, Army National Guard and Director, Air National 
Guard.--Section 10506(a)(3)(D) of such title is amended by striking 
``Until December 31, 2004, the'' and inserting ``The''.

SEC. 527. EXTENDING AGE LIMITS FOR RESERVE AND NATIONAL GUARD GENERAL 
              AND FLAG OFFICERS.

    (a) Maximum Age for Reserve Component General and Flag Officers.--
(1) Section 14511 of title 10, United States Code, is amended to read 
as follows:
``Sec. 14511. Separation at age 68: reserve officers in grades above 
              colonel or Navy captain
    ``(a) Maximum Age.--Unless retired, transferred to the Retired 
Reserve, or discharged at an earlier date, each reserve officer of the 
Army, Air Force, or Marine Corps in a grade above colonel and each 
reserve officer of the Navy in a grade above captain shall be separated 
in accordance with section 14515 of this title on the last day of the 
month in the month in which the officer becomes 68 years of age.
    ``(b) Retention Beyond Age 68.--Notwithstanding subsection (a), the 
Secretary of Defense may defer the retirement of a reserve officer 
serving in a grade above colonel in the case of the Army, Air Force, or 
Marine Corps, or a reserve officer serving in a grade above captain in 
the case of the Navy, but such a deferment may not extend beyond the 
last day of the month following the month in which the officer becomes 
72 years of age.''.
    (2) Sections 14510 and 14512 of such title are repealed.
    (b) Repeal Years of Service Requirement for Reserve Component 
General and Flag Officer.--Section 14508 of such title is repealed.
    (c) Elimination of Term Limitation for Reserve Component General 
and Flag Officer Positions.--(1) Section 10502 of such title is 
amended--
            (A) by striking subsection (b); and
            (B) by redesignating subsections (c) and (d) as subsections 
        (b) and (c), respectively.
    (2) Subsection (a) of section 10505 of such title is amended--
            (A) by striking paragraph (3); and
            (B) by redesignating paragraph (4) as paragraph (3).
    (3) Subsection (c) of section 3038 of such title is amended to read 
as follows:
    ``(c) Grade.--The Chief of Army Reserve, while so serving, holds 
the grade of lieutenant general.'';
    (4) Subsection (c) of section 5143 of such title is amended to read 
as follows:
    ``(c) Grade.--The Chief of Naval Reserve, while so serving, holds 
the grade of vice admiral.'';
    (5) Subsection (c) of section 5144 of such title is amended to read 
as follows:
    ``(c) Grade.--The Commander, Marine Forces Reserve, while so 
serving, holds the grade of lieutenant general.'';
    (6) Subsection (c) of section 8038 of such title is amended to read 
as follows:
    ``(c) Grade.--(1) The Chief of Air Force Reserve, while so serving, 
holds the grade of lieutenant general.'';
    (7) Paragraph (3) of section 10506(a) of such title is amended by 
striking subparagraph (E).
    (d) Conforming Amendments.--(1) Section 10214 of such title is 
amended by striking ``sections 12004(b)(1), 12215, 12642(c), 14507(b), 
14508(e), and 14512'' and inserting ``sections 12004(b)(1), 12215, 
12642(c), and 14507(b)''.
    (2) Section 14514 of such title is amended by striking ``section 
14507, 14508, 14704, or 14705'' and inserting ``section 14507, 14704, 
or 14705''.
    (3) Section 14515 of such title is amended by striking ``section 
14509, 14510, 14511, or 14512'' and inserting ``section 14509 or 
14511''.
    (4) Section 14702 of such title is amended by striking ``section 
14506, 14507, or 14508'' and inserting ``section 14506 or 14507''.
    (5) Section 14705 of such title is repealed.
    (6) The table of sections at the beginning of chapter 1407 of such 
title is amended--
            (A) by amending the item relating to section 14511 to read 
        as follows:

``14511. Separation at age 68: reserve officers in grades above colonel 
                            or Navy captain.'';
        and
            (B) by striking the items relating to sections 14508, 
        14510, and 14512.
    (7) Subsection (a) of section 324 of title 32, United States Code, 
is amended by striking ``An officer'' and inserting ``Except as 
provided in section 14511 of title 10, an officer''.

SEC. 528. EXPANDED USE OF RESERVE COMPONENT MEMBERS TO PERFORM 
              DEVELOPMENTAL TESTING AND NEW EQUIPMENT TRAINING.

    (a) Reimbursement.--The Secretary of the Army may transfer from 
funds available to support an acquisition program the amount necessary 
to reimburse the appropriate reserve component military personnel 
account for costs charged that account for military pay and allowances 
in connection with the demonstration program described in subsection 
(b).
    (b) Demonstration Program.--(1) A demonstration program under this 
section shall evaluate--
            (A) cost savings and other benefits that may result from 
        the use of members of the reserve components to perform test, 
        evaluation, and related activities for an acquisition program, 
        rather than the use of contractor personnel for such purposes; 
        and
            (B) the use of appropriations available for multi-year 
        research, development, testing and evaluation and procurement 
        to reimburse reserve components for the pay, allowances, and 
        expenses incurred when such members perform duties to conduct 
        acquisition, logistics, and new equipment training activities 
        in connection with the demonstration program.
    (2) Nothing in this section authorizes a deviation from established 
Reserve and National Guard personnel and training procedures.
    (c) Limitation on Amount.--Not more than $10,000,000 may be 
transferred under this section during each year of the demonstration 
program.
    (d) Merger of Transferred Funds.--Funds transferred to an account 
under this section 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.
    (e) Relationship to Other Transfer Authority.--The transfer 
authority under this section is in addition to any other transfer 
authority.
    (f) Termination.--The demonstration program under this section 
shall terminate on September 30, 2009.

            Subtitle C--ROTC and Military Service Academies

SEC. 531. INSTITUTIONS OF HIGHER EDUCATION THAT PREVENT ROTC ACCESS OR 
              MILITARY RECRUITING ON CAMPUS; EQUAL TREATMENT WITH OTHER 
              EMPLOYERS.

    Section 983(b)(1) of title 10, United States Code, is amended by 
striking ``; or'' at the end and inserting ``, that is at least equal 
in quality and scope to that provided to any other employer; or''.

SEC. 532. BOARD OF VISITORS; UNITED STATES AIR FORCE ACADEMY; UNITED 
              STATES MILITARY ACADEMY; UNITED STATES NAVAL ACADEMY.

    (a) United States Air Force Academy.--Section 9355 of title 10, 
United States Code, is amended to read as follows:
``Sec. 9355. Board of Visitors
    ``(a) A Board of Visitors to the Academy is constituted annually 
of--
            ``(1) two members of the Senate designated by the Vice 
        President or the President pro tempore of the Senate;
            ``(2) one person, who is not a member of the Senate, as 
        designated by the Vice President or the President pro tempore 
        of the Senate;
            ``(3) three members of the House of Representatives 
        designated by the Speaker of the House of Representatives;
            ``(4) one person, who is not a member of the House of 
        Representatives, designated by the Speaker of the House of 
        Representatives; and
            -``(5) eight persons designated by the President, or his 
        designee.
    ``(b) All Board members will pledge full participation in executing 
their responsibilities to the Board. 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 
appointed. The President shall designate replacement members each year 
to succeed the members appointed by the President whose terms expire 
that year. At least two persons designated by the President shall be 
graduates of the Air Force Academy.
    ``(c) If a member of the Board dies or resigns, a successor shall 
be designated for the unexpired portion of the term by the official who 
designated the member. If a member fails to attend or fully participate 
in two successive Board meetings, Board membership will be 
automatically terminated, unless granted prior excusal from those 
meetings, for good cause, by the Board Chairman.
    ``(d) When possible, 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.
    ``(e) Board meetings should last at least one full day. 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 which the Board 
decides to consider and receive candid and complete disclosure, 
consistent with applicable laws concerning disclosure of information, 
by the Secretary of the Air Force and Academy Superintendent of all 
institutional problems, and to recommend appropriate action. Board 
members shall have unfettered access to Academy grounds and cadets.
    ``(f) Within 30 days after any meeting, the Board shall submit a 
written report to the Secretary of Defense, through the Secretary of 
the Air Force, with its views and recommendations pertaining to the 
Academy.
    ``(g) Upon approval by the Secretary, the Board may call in 
advisers for consultation.
    ``(h) While performing duties, each member of the Board and each 
adviser shall be reimbursed under Government travel regulations for 
travel expenses.''.
    (b) United States Military Academy.--Section 4355 of such title is 
amended to read as follows:
``Sec. 4355. Board of Visitors
    ``(a) A Board of Visitors to the Academy is constituted annually 
of--
            ``(1) two members of the Senate designated by the Vice 
        President or the President pro tempore of the Senate;
            ``(2) one person, who is not a member of the Senate, as 
        designated by the Vice President or the President pro tempore 
        of the Senate;
            ``(3) three members of the House of Representatives 
        designated by the Speaker of the House of Representatives;
            ``(4) one person, who is not a member of the House of 
        Representatives, designated by the Speaker of the House of 
        Representatives; and
            ``(5) eight persons designated by the President, or his 
        designee.
    ``(b) All Board members will pledge full participation in executing 
their responsibilities to the Board. 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 
appointed. The President shall designate replacement members each year 
to succeed the members appointed by the President whose terms expire 
that year. At least two persons designated by the President shall be 
graduates of the United States Military Academy.
    ``(c) If a member of the Board dies or resigns, a successor shall 
be designated for the unexpired portion of the term by the official who 
designated the member. If a member fails to attend or fully participate 
in two successive Board meetings, Board membership will be 
automatically terminated, unless granted prior excusal from those 
meetings, for good cause, by the Board Chairman.
    ``(d) When possible, 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.
    ``(e) Board meetings should last at least one full day. 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 which the Board 
decides to consider and receive candid and complete disclosure, 
consistent with applicable laws concerning disclosure of information, 
by the Secretary of the Army and Academy Superintendent of all 
institutional problems, and to recommend appropriate action. Board 
members shall have unfettered access to Academy grounds and cadets.
    ``(f) Within 30 days after any meeting, the Board shall submit a 
written report to the Secretary of Defense, through the Secretary of 
the Army, with its views and recommendations pertaining to the Academy.
    ``(g) Upon approval by the Secretary, the Board may call in 
advisers for consultation.
    ``(h) While performing duties, each member of the Board and each 
adviser shall be reimbursed under Government travel regulations for 
travel expenses.''.
    (c) United States Naval Academy.--Section 6968 of such title is 
amended to read as follows:
``Sec. 6968. Board of Visitors
    ``(a) A Board of Visitors to the Naval Academy is constituted 
annually of--
            ``(1) two members of the Senate designated by the Vice 
        President or the President pro tempore of the Senate;
            ``(2) one person, who is not a member of the Senate, as 
        designated by the Vice President or the President pro tempore 
        of the Senate;
            ``(3) three members of the House of Representatives 
        designated by the Speaker of the House of Representatives;
            ``(4) one person, who is not a member of the House of 
        Representatives, designated by the Speaker of the House of 
        Representatives; and
            ``(5) eight persons designated by the President, or his 
        designee.
    ``(b) All Board members will pledge full participation in executing 
their responsibilities to the Board. 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 
appointed. The President shall designate replacement members each year 
to succeed the members appointed by the President whose terms expire 
that year. At least two persons designated by the President shall be 
graduates of the United States Naval Academy.
    ``(c) If a member of the Board dies or resigns, a successor shall 
be designated for the unexpired portion of the term by the official who 
designated the member. If a member fails to attend or fully participate 
in two successive Board meetings, Board membership will be 
automatically terminated, unless granted prior excusal from those 
meetings, for good cause, by the Board Chairman.
    ``(d) When possible, 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.
    ``(e) Board meetings should last at least one full day. 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 which the Board 
decides to consider and receive candid and complete disclosure, 
consistent with applicable laws concerning disclosure of information, 
by the Secretary of the Navy and Academy Superintendent of all 
institutional problems, and to recommend appropriate action. Board 
members shall have unfettered access to Academy grounds and cadets.
    ``(f) Within 30 days after any meeting, the Board shall submit a 
written report to the Secretary of Defense, through the Secretary of 
the Navy, with its views and recommendations pertaining to the Academy.
    ``(g) Upon approval by the Secretary, the Board may call in 
advisers for consultation.
    ``(h) While performing duties, each member of the Board and each 
adviser shall be reimbursed under Government travel regulations for 
travel expenses.''.

SEC. 533. DEAN OF THE FACULTY; DEAN OF ACADEMIC BOARD.

    (a) United States Air Force Academy.--Section 9335 of title 10, 
United States Code, is amended to read as follows:
``Sec. 9335. Dean of the Faculty
    ``(a) There shall be a Dean of the Faculty at the Academy 
responsible to the Superintendent for developing and sustaining the 
curriculum and overseeing the faculty. Notwithstanding any other 
provision in law, the qualifications, selection procedures, training, 
retention, and determinations of appropriate pay grade of the Dean of 
Faculty shall be prescribed by the Secretary of the Air Force. 
Candidates for Dean of Faculty shall be serving officers or retired or 
former officers with terminal degrees. The Dean may be either a 
military officer or a civilian.
    ``(b) While serving as Dean of the Faculty, an officer incumbent 
who holds a grade lower than brigadier general shall hold the grade of 
brigadier general, if appointed to that grade by the President, by and 
with the advice and consent of the Senate. The retirement age of an 
officer so appointed is that of a permanent professor of the Academy. 
An officer so appointed is counted for purposes of the limitation in 
section 526(a) of this title on general officers of the Air Force on 
active duty. A civilian incumbent will be designated as a member of the 
Senior Executive Service.''.
    (b) United States Military Academy.--Section 4335 of such title is 
amended to read as follows:-
``Sec. 4335. Dean of Academic Board
    ``(a) There shall be a Dean of the Academic Board at the Academy 
responsible to the Superintendent for developing and sustaining the 
curriculum and overseeing the faculty. Notwithstanding any other 
provision in law, the qualifications, selection procedures, training, 
retention, and determinations of appropriate pay grade of the Dean of 
the Academic Board shall be prescribed by the Secretary of the Army. 
Candidates for Dean of Faculty shall be serving officers or retired or 
former officers with terminal degrees. The Dean may be either a 
military officer or a civilian.
    ``(b) While serving as Dean of the Academic Board, an officer 
incumbent who holds a grade lower than brigadier general shall hold the 
grade of brigadier general, if appointed to that grade by the 
President, by and with the advice and consent of the Senate. The 
retirement age of an officer so appointed is that of a permanent 
professor of the Academy. An officer so appointed is counted for 
purposes of the limitation in section 526(a) of this title on general 
officers of the Army on active duty. A civilian incumbent will be 
designated as a member of the Senior Executive Service.''.

SEC. 534. REPEAL OF REQUIREMENT THAT MILITARY ACADEMY SUPERINTENDENTS 
              RETIRE AFTER ASSIGNMENT.

    (a) Repeal.--Sections 3921, 4333a, 6371, 6951a, 8921 and 9333a of 
title 10, United States Code, are repealed.
    (b) Clerical Amendments.--
            (1) The table of sections at the beginning of chapter 367 
        of such title is amended by striking the item relating to 
        section 3921.
            (2) The table of sections at the beginning of chapter 403 
        of such title is amended by striking the item relating to 
        section 4333a.
            (3) The table of sections at the beginning of chapter 573 
        of such title is amended by striking the item relating to 
        section 6371.
            (4) The table of sections at the beginning of chapter 603 
        of such title is amended by striking the item relating to 
        section 6951a.
            (5) The table of sections at the beginning of chapter 867 
        of such title is amended by striking the item relating to 
        section 8921.
            (6) The table of sections at the beginning of chapter 903 
        of such title is amended by striking the item relating to 
        section 9333a.

       Subtitle D--Other Military Education and Training Matters

SEC. 541. EDUCATION LOAN REPAYMENTS FOR HEALTH PROFESSIONS OFFICERS OF 
              THE RESERVE COMPONENTS.

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

SEC. 542. CONFERRAL OF DEGREES TO GRADUATES OF THE COMMUNITY COLLEGE OF 
              THE AIR FORCE.

    (a) Authority To Confer Degrees.--Section 9315(c) of title 10, 
United States Code, is amended--
            (1) in paragraph (1), by striking ``Air Education and 
        Training Command of the Air Force'' and inserting ``Air 
        University''; and
            (2) in paragraph (2), by striking ``Air Education and 
        Training Command of the Air Force'' and inserting ``Air 
        University''.
    (b) Section 9317 of such title is amended--
            (1) in the section heading, by striking ``graduate-level 
        degrees'' and inserting ``graduate and associate-level 
        degrees'';
            (2) by striking ``and'' at the end of paragraph (2);
            (3) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (4) by adding at the end the following new paragraph:
            ``(4) an associate level degree upon graduates of the 
        Community College of the Air Force.''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 901 of such title is amended by striking the item relating to 
section 9317 and inserting the following:

``9317. Air University: graduate and associate-level degrees.''.

SEC. 543. THREE YEAR EDUCATIONAL LEAVE OF ABSENCE.

    Section 708(a) of title 10, United States Code, is amended by 
striking ``two years'' and inserting ``three years''.

SEC. 544. LENGTH OF PHASE II JOINT PROFESSIONAL MILITARY EDUCATION.

    Section 663 of title 10, United States Code, is amended by striking 
subsection (e).

SEC. 545. CHANGING THE TITLES OF THE HEADS OF THE NAVAL POSTGRADUATE 
              SCHOOL.

    (a) President of the Naval Postgraduate School.--(1) Section 7042 
of title 10, United States Code, is amended--
            (A) by striking ``Superintendent'' in the section heading 
        and inserting ``President''; and
            (B) by striking ``Superintendent'' each place it appears 
        and inserting ``President''.
    (2) Section 7044 of such title is amended by striking 
``Superintendent'' and inserting ``President'';
    (3) Subsection 7048(a) of such title is amended by striking 
``Superintendent'' and inserting ``President''; and
    (4) Subsection 7049(e) of such title is amended by striking 
``Superintendent'' and inserting ``President''.
    (b) Provost and Academic Dean.--(1) Section 7043 of title 10, 
United States Code, is amended--
            (A) by amending the section heading to read as follows:
``Sec. 7043. Provost and Academic Dean'';
            (B) by amending subsection (a) 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 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.''; and
            (C) in subsection (b), by striking ``Academic Dean'' and 
        inserting ``Provost and Academic Dean''.
    (2) Section 5102(c)(10) of title 5, United States Code, is amended 
by striking ``Academic Dean'' and inserting ``Provost and Academic 
Dean''.
    (3) Section 7081(a) of title 10, United States Code, is amended by 
striking ``Academic Dean'' and inserting ``Provost and Academic Dean''.
    (c) Clerical Amendments.--The table of sections at the beginning of 
chapter 605 of such title 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. 546. NEW MISSION STATEMENT AND EXPANDED ELIGIBILITY FOR ENLISTED 
              PERSONNEL AT THE NAVAL POSTGRADUATE SCHOOL.

    (a) Combat Related Focus of the Naval Postgraduate School.--(1) 
Section 7041 of title 10, United States Code, is amended to read as 
follows:
``Sec. 7041. Function
    ``There is a United States Naval Postgraduate School that provides 
advanced instruction, and technical and professional education to 
military members to enhance combat effectiveness and our national 
security.''.
    (2) Section 7042(b)(1) of such title is amended by striking 
``advanced instruction and technical education'' and inserting 
``advanced instruction, and technical and professional education''.
    (b) Expanded Eligibility for Enlisted Personnel.--Section 7045 of 
such title is amended--
            (1) by striking ``Officers of the armed forces; enlisted 
        members'' in the section heading and inserting ``Members of the 
        other armed forces'';
            (2) by striking ``officers'' each place it appears and 
        inserting ``members''; and
            (3) in subsection (a)--
                    (A) by striking ``(1)''; and
                    (B) by striking paragraph (2).
    (c) Reimbursement of Costs.--Subsection (b) of such section is 
amended--
            (1) by striking paragraph (2); and
            (2) by redesignating paragraph (3) as paragraph (2).
    (d) Reciprocal Agreements.--Section 7047 of such title is amended 
by striking ``an officer'' and inserting ``a member''.
    (e) Clerical Amendment.--The table of sections at the beginning of 
chapter 605 of such title is amended by striking the item relating to 
section 7045 and inserting the following:

``7045. Members of other armed forces: admission.''.

SEC. 547. CHANGE IN DEPARTMENT OF DEFENSE SCHOOLS ENROLLMENT FOR 
              CHILDREN OF LOCALLY-HIRED EMPLOYEES WORKING OVERSEAS.

    Section 1404 of the Defense Dependents' Education Act of 1978 (20 
U.S.C. 923), is amended by adding at the end the following new 
subsection:
    ``(e) The Secretary of Defense may authorize the enrollment in 
schools of the defense dependents' education system on a tuition-free 
basis the children of full-time, locally-hired employees of the 
Department of Defense in an overseas area, when such employees are 
citizens or nationals of the United States. The Secretary may program 
funds (including funds for construction) for the education of such 
children.''.

                   Subtitle E--Administrative Matters

SEC. 551. ANNUAL REPORT TO CONGRESS CONCERNING JOINT OFFICER 
              MANAGEMENT.

    Section 667 of title 10, United States Code, is amended to read as 
follows:
``Sec. 667. Annual report to Congress
    ``The Secretary of Defense shall include in the annual report of 
the Secretary to Congress under section 113(c) of this title, for the 
period covered by the report, the following information (which shall be 
shown for the Department of Defense as a whole and separately for the 
Army, Navy, Air Force, and Marine Corps):
            ``(1) The number of joint specialty officers, reported by 
        grade and by branch or specialty.
            ``(2) An assessment of the extent to which the Secretary of 
        each military department is assigning personnel to joint duty 
        assignments in accordance with this chapter and the policies, 
        procedures, and practices established by the Secretary of 
        Defense under section 661(a) of this title.
            ``(3) The number of waivers granted under section 
        619a(b)(1) of this title for officers in the grade of colonel 
        or, in the case of the Navy, captain, for each of the years 
        preceding the year in which the report is submitted.
            ``(4) The officers whose service in joint duty assignments 
        during the year covered by the report terminated before the 
        officers completed the full tour of duty in those assignments, 
        expressed as a percent of the total number of officers in joint 
        duty assignments during that year.
            ``(5) The percentage of fill of student quotas for each 
        course of the National Defense University for the year covered 
        by the report.
            ``(6) A list of the joint task force headquarters in which 
        service was approved for crediting as a joint duty assignment 
        for the year covered by the report.
            ``(7) A comparison of the promotion rates for officers 
        serving in or have served in joint duty assignments and were 
        considered for promotion within the promotion zone, with the 
        promotion rates for other officers in the same grade and the 
        same competitive category who are serving in the armed force 
        concerned and were considered for promotion within the 
        promotion zone.
            ``(8) If any of the comparisons in paragraph (7) indicate 
        that the promotion rates for officers fail to meet the 
        objective set forth in section 662(a) of this title, 
        information on the failure and on what action the Secretary has 
        taken or plans to take to prevent further failures.
            ``(9) Any other information relating to joint officer 
        management that the Secretary of Defense considers 
        significant.''.

SEC. 552. REVISED DEFINITIONS APPLICABLE TO JOINT DUTY.

    Section 668 of title 10, United States Code, is amended--
            (1) in subsection (b)(2), by striking ``The Secretary shall 
        publish a list showing'' and inserting ``The Secretary shall 
        publish a Joint Duty Assignment List that will show''; and
            (2) in subsection (c), by striking ``a tour of duty in 
        which an officer serves in more than one joint duty assignment 
        within the same organization without a break between such 
        assignments shall be considered to be a single tour of duty in 
        a joint duty assignment'' and inserting ``a single tour of duty 
        for the purpose of awarding joint duty credit can be defined as 
        one in which the officer serves consecutive tours in joint duty 
        assignment positions that award joint duty credit, or service 
        as otherwise prescribed by the Secretary of Defense''.

SEC. 553. 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 the section heading, by striking ``OVERSEAS VOTERS'' 
        and inserting ``ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS 
        VOTERS'';
            (2) in subsection (a), by striking ``overseas voters'' and 
        inserting ``absent uniformed services voters and overseas 
        voters'';
            (3) by amending subsection (b) to read as follows:
    ``(b) Submission and Processing.--Except as otherwise provided in 
this title, a Federal write-in absentee ballot shall be submitted and 
processed in the manner provided by law for absentee ballots in the 
State involved. 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 State's 
        deadline for such a request or less than 30 days before the 
        general election, whichever date is later; 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''; and
            (4) in subsection (d)--
                    (A) in the subsection heading, by striking 
                ``Overseas Voter'' and inserting ``Absent Uniformed 
                Services Voter and Overseas Voter''; and
                    (B) by striking ``overseas voter'' both places it 
                appears and inserting ``absent uniformed services voter 
                or overseas voter''.

                  Subtitle F--Military Justice Matters

SEC. 561. WAIVE TIME LOST WHEN A MEMBER IS ACQUITTED, RELEASED WITHOUT 
              TRIAL, OR HAS HIS CONVICTION SET-ASIDE OR REVERSED ON 
              APPEAL.

    Section 972 of title 10, United States Code, is amended--
            (1) in subsection (a)(3), by inserting ``, unless the 
        confinement is excused as unavoidable'' after ``the trial''; 
        and
            (2) in subsection (b)(3), by inserting ``, unless the 
        confinement is excused as unavoidable'' after ``the trial''.

SEC. 562. CHANGE IN UNIFORM CODE OF MILITARY JUSTICE RELATING TO BLOOD 
              ALCOHOL CONCENTRATION.

    Subsection (b) of section 911 of title 10, United States Code, is 
amended by striking ``0.10'' in the two places it appears and inserting 
``0.08''.

                          Subtitle G--Benefits

SEC. 571. IMMEDIATE LUMP SUM REIMBURSEMENT FOR UNUSUAL NONRECURRING 
              EXPENSES 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.--In addition to the per diem paid 
under subsection (a), the Secretaries concerned may reimburse members 
for actual nonrecurring expenses incurred incident to being on duty 
outside of the United States or in Hawaii or Alaska. The nonrecurring 
expenses which may be reimbursed are expenses directly related to the 
conditions or location of the assignment either of a nature or a 
magnitude not normally incurred by members assigned inside the 
continental United States and not included in the per diem paid under 
subsection (b).''.

SEC. 572. REPEAL OF REQUIREMENT TO PAY SUBSISTENCE CHARGES WHILE 
              HOSPITALIZED.

    Section 1075 of title 10, United States Code, is repealed.

                       Subtitle H--Other Matters

SEC. 581. RELEASE OF TAXPAYER ADDRESSES TO HELP LOCATE INDIVIDUALS WITH 
              MILITARY SERVICE OBLIGATIONS.

    (a) Authority.--Section 6103(m) of the Internal Revenue Code of 
1986 (26 U.S.C. 6103(m)) is amended by adding at the end the following 
new paragraph:
    ``(8) Members of the armed forces.--
            (A) In general.--Upon written request by the Secretary of 
        Defense, the Secretary of a military department, or the 
        Secretary of Homeland Security with respect to the Coast Guard 
        when it is not operating as a service in the Navy, the 
        Secretary may disclose the mailing address of an individual to 
        officers or employees of the Department of Defense or 
        Department of Homeland Security for use by such officers or 
        employees or their agents for the purpose of locating such 
        individual who is serving in a reserve component of the armed 
        forces of the United States.
            ``(B) Prior attempts to obtain address information from 
        other sources.--Such requests shall be made only after the 
        Secretary of Defense, the Secretary of a military department or 
        the Secretary of Homeland Security, as the case may be, has 
        made every reasonable effort to locate the individual through 
        other sources.
            ``(C) Exception during national emergency or war.--During a 
        national emergency declared by the President or war declared by 
        Congress, the Secretary of Defense, the Secretary of a military 
        department or the Secretary of Homeland Security may request 
        the address of an individual, notwithstanding subparagraph (B), 
        if the individual possesses a critical skill and is needed for 
        immediate mobilization under section 12304, 12302, or 12301(a) 
        of title 10.
            ``(D) Expiration of authority.--No information shall be 
        released under this section after September 30, 2009.''.
    (b) Disclosure to Contractors.--Subsection (p) of such section is 
amended by adding at the end the following new paragraph:
    ``(9) Disclosure to contractors.--
            (A) In general.--Notwithstanding any other provision of 
        this section, no return or return information shall be 
        disclosed to a contractor or other agent of a Federal, State, 
        or local agency unless such agency, to the satisfaction of the 
        Secretary--
                    ``(i) has requirements in effect that require each 
                contractor or other agent of such agency that would 
                have access to returns or return information to provide 
                safeguards (within the meaning of paragraph (4)) to 
                protect the confidentiality of such returns or return 
                information;
                    ``(ii) agrees to conduct a regular, on-site review 
                (mid-point review in the case of contracts of less than 
                1 year in duration) of each contractor or other agent 
                to determine compliance with such requirements;
                    ``(iii) submits the findings of the most recent 
                review conducted under clause (ii) to the Secretary as 
                part of the report required by paragraph (4)(E); and
                    ``(iv) certifies to the Secretary for the most 
                recent annual period that all contractors or other 
                agents are in compliance with all such requirements. 
                Such certification shall be signed by the head of the 
                agency or his or her delegate.
        ``The certification required by clause (iv) shall include the 
        name and address of each contractor or other agent, a 
        description of the contract or agreement of the contractor with 
        the agency, or other authority for agency relationship, and the 
        duration of such contract, agreement or authority.
            ``(B) Relationship to provision governing disclosure for 
        purposes of tax administration.--The requirements of this 
        paragraph shall not apply to disclosures pursuant to subsection 
        (n) for purposes of Federal tax administration.''.
    (c) Conforming and Technical Amendments.--(1) Such section is 
further amended--
            (A) in subsection (a)(3), by striking ``(2) or (4)(B)'' and 
        inserting ``(2), (4)(B), (5), (7), or (8)''; and
            (B) in subsection (p)(4), by striking ``under paragraph 
        (2), (4), (6), or (7) of subsection (m)'' and inserting ``under 
        paragraph (2), (4), (5), (6), (7), or (8) of subsection (m)''.
    (2) Section 7213(a)(2) of such Code (26 U.S.C. 7213(a)(2)) is 
amended by striking ``or (7) of section 6103'' and inserting ``(7), or 
(8) of section 6103''.

SEC. 582. ALTERNATE INITIAL MILITARY SERVICE OBLIGATION FOR PERSONS 
              WITH SPECIALIZED SKILLS.

    Subsection (a) of section 651 of title 10, United States Code, is 
amended to read as follows:
    ``(a)(1) Each person who becomes a member of an armed force, other 
than a person described in paragraph (2), shall serve in the armed 
forces for a total initial period of not less than six years nor more 
than eight years, as provided in regulations prescribed by the 
Secretary of Defense for the armed forces under his jurisdiction and by 
the Secretary of Homeland Security for the Coast Guard when it is not 
operating as a service in the Navy, unless such person is sooner 
discharged under such regulations because of personal hardship. Any 
part of such service that is not active duty or that is active duty for 
training shall be performed in a reserve component.
    ``(2) A person is not subject to paragraph (1) if that person--
            ``(A) 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)); or
            ``(B) is accessed into the armed forces based on unique 
        skills acquired in a civilian occupation, as determined by the 
        Secretary concerned, and will serve in a specialty requiring 
        those skills.''.

SEC. 583. BASIC TRAINING REQUIREMENT FOR CERTAIN MEMBERS WITH 
              SPECIALIZED SKILLS.

    Paragraph (1) of section 671(c) of title 10, United States Code, is 
amended to read as follows:
    ``(1) Under regulations prescribed under paragraph (2), 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--
            ``(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, 
        as determined by the Secretary concerned, and will serve in a 
        military specialty or position requiring those skills.
``Any such period shall be established under regulations prescribed 
under paragraph (2) and may be established notwithstanding section 4(a) 
of the Military Selective Service Act (50 U.S.C. App. 454(a)).''.

SEC. 584. ELIMINATE MANDATORY TERMS OF OFFICE FOR CERTAIN GENERAL AND 
              FLAG STAFF OFFICERS.

    (a) Army.--
            (1) Chiefs of branches.--Section 3036 of title 10, United 
        States Code, is amended--
                    (A) by repealing subsection (c); and
                    (B) by redesignating subsections (d) and (e) as 
                subsections (c) and (d), respectively.
            (2) Judge advocate general and assistant judge advocate 
        general.--Section 3037(a) of such title is amended by striking 
        ``An officer appointed as the Judge Advocate General or 
        Assistant Judge Advocate General normally holds office for four 
        years. However, the President may terminate or extend the 
        appointment at any time.''.
            (3) Deputy and assistant chiefs of branches.--Section 
        3039(a) of such title is amended by striking ``for a tour of 
        duty of not more than four years,''.
            (4) Chief of army nurse corps.--Section 3069(b) of such 
        title is amended by striking ``, but not for more than four 
        years, and may not be reappointed to the same position''.
            (5) Chief of the army medical specialist corps.--Section 
        3070(b) of such title is amended by striking ``, but not for 
        more than four years, and may not be reappointed''.
    (b) Navy/Marine Corps.--
            (1) Chief of the bureau of medicine and surgery.--Section 
        5137(a) of such title is amended by striking ``for a term of 
        four years,''.
            (2) Chief of the bureau of naval personnel.--Section 
        5141(a) of such title is amended by striking ``for a term of 
        four years,''.
            (3) Chief of chaplains.---Subsection (c) of section 5142 of 
        such title is repealed.
            (4) Judge advocate general.--Section 5148(b) of such title 
        is amended by striking ``, for a term of four years''.
            (5) Director of the nurse corps or director of the medical 
        service corps.--Section 5150(c) of such title is amended by 
        striking ``for a term of four years,''.
    (c) Air Force Judge Advocate General and Deputy Judge Advocate 
General.--Section 8037(a) of such title is amended--
            (1) in subsection (a), by striking ``The term of office is 
        four years, but may be sooner terminated or extended by the 
        President.''; and
            (2) in subsection (d)(1), by striking ``The term of office 
        of the Deputy Judge Advocate General is four years, but may be 
        sooner terminated or extended by the President.''.

SEC. 585. PROHIBIT COURT-ORDERED PAYMENTS BEFORE RETIREMENT BASED ON 
              IMPUTATION OF RETIRED PAY.

    (a) In General.--Section 1408(c)(3) of title 10, United States 
Code, is amended--
            (1) by inserting ``(A)'' after ``(3)''; and
            (2) by adding at the end the following new subparagraph:
            ``(B) Notwithstanding any other provision of law, a court 
        may not order a member to make payments based upon an 
        imputation of a property interest in future retired pay of any 
        kind to a spouse or former spouse before the date of the 
        member's actual retirement.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to final court orders or court orders seeking enforcement of 
prior final decrees issued on or after the enactment of this Act.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

SEC. 601. TERMINATION OF ASSIGNMENT INCENTIVE PAY FOR MEMBERS ON 
              TERMINAL LEAVE.

    Paragraph (e) of section 307a of title 37, United States Code, is 
amended by inserting before the period at the end the following: ``, 
other than terminal leave when the member will not be returning to the 
assignment''.

SEC. 602. MORE FLEXIBLE RETIREMENT RULES FOR MILITARY OFFICERS.

    (a) In General.--Section 1370 of title 10, United States Code, is 
amended to read as follows:
``Sec. 1370. Commissioned officers: general rule; exceptions
    ``(a) Rule for Retirement in Highest Grade Held Satisfactorily.--
(1) Unless entitled to a higher retired grade under some other 
provision of law, a commissioned officer (other than a commissioned 
warrant officer) of the Army, Navy, Air Force, or Marine Corps who 
retires under any provision of law other than chapter 61 or chapter 
1223 of this title shall, subject to the criteria specified under 
paragraph (2) or (3), be retired in the highest grade in which he 
served on active duty satisfactorily, as determined by the Secretary 
concerned.
    ``(2) In order to be eligible for voluntary retirement in a grade 
at or below the grade of major or lieutenant 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.
    ``(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 concerned to 
reduce such period to a period not less than two years.
    ``(B) An officer at or above the grade of brigadier general or rear 
admiral (lower half) may be retired in the highest grade in which he 
served on active duty satisfactorily, upon approval by the Secretary 
concerned and concurrence by the Secretary of Defense or another 
civilian official in the Office of the Secretary of Defense appointed 
by the President, by and with the advice and consent of the Senate, to 
which the Secretary of Defense has delegated such authority.
    ``(C) The President may waive subparagraph (A) in individual cases 
involving extreme hardship or exceptional or unusual circumstances. The 
authority of the President under the preceding sentence may not be 
delegated.
    ``(4) A reserve or temporary officer who is notified that he will 
be released from active duty without his consent, and thereafter 
requests retirement under section 3911, 6323, or 8911 of this title and 
is retired pursuant to that request, is considered for purposes of this 
section to have been retired involuntarily. An officer retired pursuant 
to section 1186(b)(1) of this title is considered for purposes of this 
section to have been retired voluntarily.
    ``(b) Retirement in Next Lower Grade.--An officer whose length of 
service in the highest grade he held while on active duty does not meet 
the service in grade requirements specified in subsection (a) or whose 
service on active duty in that grade was not determined to be 
satisfactory by the Secretary concerned shall be retired in the next 
lower grade in which he served on active duty satisfactorily, as 
determined by the Secretary concerned, for not less than six months.
    ``(c) Reserve Officers.--(1) Unless entitled to a higher grade, or 
to credit for satisfactory service in a higher grade, under some other 
provision of law, a person who is entitled to retired pay under chapter 
1223 of this title shall, upon application under section 12731 of this 
title, be credited with satisfactory service in the highest grade in 
which that person served satisfactorily at any time in the armed 
forces, as determined by the Secretary concerned in accordance with 
this subsection.
    ``(2) In order to be credited with satisfactory service in an 
officer grade (other than a warrant officer grade) below the grade of 
lieutenant colonel or commander, a person covered by paragraph (1) must 
have served satisfactorily in that grade (as determined by the 
Secretary concerned) as a reserve commissioned officer in an active 
status, or in a retired status on active duty, for not less than six 
months.
    ``(3)(A)(1) In order to be credited with satisfactory service in an 
officer grade above major or lieutenant commander and below brigadier 
general or rear admiral (lower half), a person covered by paragraph (1) 
must have served satisfactorily in that grade (as determined by the 
Secretary concerned) as a reserve commissioned officer in an active 
status, or in a retired status on active duty, for not less than three 
years, except that the Secretary of Defense may authorize the Secretary 
concerned to reduce such period to a period not less than two years.
    ``(2) An officer at or above the grade of lieutenant general or 
vice admiral may be retired in the highest grade in which he served 
satisfactorily, upon approval by the Secretary concerned and 
concurrence by the Secretary of Defense or another civilian official in 
the Office of the Secretary of Defense appointed by the President, by 
and with the advice and consent of the Senate, to which the Secretary 
of Defense has delegated such authority.
    ``(B) A person covered by subparagraph (A)(1) who has completed at 
least six months of satisfactory service in grade and is transferred 
from an active status or discharged as a reserve commissioned officer 
solely due to the requirements of a nondiscretionary provision of law 
requiring that transfer or discharge due to the person's age or years 
of service may be credited with satisfactory service in the grade in 
which serving at the time of such transfer or discharge, 
notwithstanding the failure of the person to complete three years of 
service in that grade.
    ``(C) To the extent authorized by the Secretary concerned, a person 
who, after having been recommended for promotion in a report of a 
promotion board but before being promoted to the recommended grade, 
served in a position for which that grade is the minimum authorized 
grade may be credited for purposes of subparagraph (A)(1) as having 
served in that grade for the period for which the person served in that 
position while in the next lower grade. The period credited may not 
include any period before the date on which the Senate provides advice 
and consent for the appointment of that person in the recommended 
grade.
    ``(D) To the extent authorized by the Secretary concerned, a person 
who, after having been found qualified for Federal recognition in a 
higher grade by a board under section 307 of title 32, serves in a 
position for which that grade is the minimum authorized grade and is 
appointed as a reserve officer in that grade may be credited for the 
purposes of subparagraph (A)(1) as having served in that grade. The 
period of the service for which credit is afforded under the preceding 
sentence may only be the period for which the person served in the 
position after the Senate provides advice and consent for the 
appointment.
    ``(4) A person whose length of service in the highest grade held 
does not meet the service in grade requirements specified in this 
subsection shall be credited with satisfactory service in the next 
lower grade in which that person served satisfactorily (as determined 
by the Secretary concerned) for not less than six months.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to the computation of retired or retainer pay of any 
individual who becomes entitled to that pay on or after the date of 
enactment of this Act.

SEC. 603. MORE FLEXIBLE COMPUTATION OF RETIRED PAY FOR OFFICERS AND 
              SENIOR ENLISTED MEMBERS.

    (a) Modification of Retired Pay Formulas.--(1) Chapter 71 of title 
10, United States Code, is amended by inserting after section 1401a the 
following new section:
``Sec. 1401b. Maximum multiplier in the computation of retired pay
    ``Notwithstanding any other provision of law that limits retired 
pay computed under this chapter or under chapter 1223 of this title to 
a maximum of 75 percent of the member's base determined under section 
1406 or 1407 of this title, the maximum amount of retired pay as a 
percentage of such base will be limited as follows:
            ``(1) For members retired before October 1, 2003, use 
        limitations prescribed in other sections of law.
            ``(2) For members retired on or after October 1, 2003, use 
        the limitations prescribed in other sections of law except in 
        the case of--
                    ``(A) members retired in the grade O-7 and above 
                with more than 30 years of creditable service in the 
                computation of the multiplier percentage under section 
                1409 of this title, such percentage is not limited to 
                75 percent for any time served in excess of 30 years 
                otherwise creditable after October 1, 2003; and
                    ``(B) members retired in the grades E-8 through O-
                6, inclusive, with more than 30 years of creditable 
                service in the computation of the multiplier percentage 
                under section 1409 of this title, such percentage is 
                not limited to 75 percent for any time served under 
                conditions authorized such additional credit during a 
                period established by the Secretary of Defense.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 1401a the 
following new item:

``1401b. Maximum multiplier in the computation of retired pay.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to the computation of retired or retainer pay of any 
individual who becomes entitled to that pay on or after the date of 
enactment of this Act.

SEC. 604. ELIMINATE RETIRED PAY LIMIT APPLICABLE TO GENERAL AND FLAG 
              OFFICERS.

    (a) Retired Pay Base for Members Who First Became Members Before 
September 8, 1980.--Section 1406 of title 10, United States Code, is 
amended by adding at the end the following new subsection:
    ``(j) Retired Pay Base.--In the case of a member at grade O-7 and 
above, the rates of basic pay used to compute the pay base prescribed 
in this section shall be the rates applicable to the grade or position 
without regard to any provision of law limiting such pay to the rate of 
pay for level III of the Executive Schedule.''.
    (b) Retired Pay Base for Members Who First Became Members After 
September 7, 1980.--Section 1407 of such title is amended by adding at 
the end the following new subsection:
    ``(g) Retired Pay Base.--In the case of a member at grade O-7 and 
above, the rates of basic pay used to compute the pay base prescribed 
in this section shall be the rates applicable to the grade or position 
without regard to any provision of law limiting such pay to the rate of 
pay for level III of the Executive Schedule.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to the computation of retired or retainer pay of any 
individual who becomes entitled to that pay on or after the date of 
enactment of this Act.

SEC. 605. GRANT BASIC ALLOWANCE FOR HOUSING WAIVERS FOR 12 MONTHS OR 
              LESS ON PERMANENT CHANGE OF STATION ASSIGNMENTS THAT ARE 
              PRINCIPALLY FOR EDUCATION OR TRAINING.

    Paragraph (3) of section 403(d) of title 37, United States Code, is 
amended by adding at the end the following new subparagraph:
    ``(C) Where a member receives a permanent change of station or 
permanent change of assignment, within the continental United States, 
of 12 months duration or less for purposes of participating in 
professional military education or training classes, the amount of the 
basic allowance for housing for the member may be based on the area in 
which the dependents reside or the member's last duty station, 
whichever the Secretary concerned determines to be most equitable. The 
dependents must continue to live at the member's last duty station in 
order to qualify for the rate based on that area.''.

           Subtitle B--Bonuses and Special and Incentive Pays

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAYS FOR 
              RESERVE FORCES.

    (a) Special Pay for Health Professionals in Critically Short 
Wartime Specialties.--Section 302g(f) of title 37, United States Code, 
is amended by striking ``December 31, 2004'' and inserting ``December 
31, 2005''.
    (b) Selected Reserve Reenlistment Bonus.--Section 308b(f) of such 
title is amended by striking ``December 31, 2004'' and inserting 
``December 31, 2005''.
    (c) Selected Reserve Enlistment Bonus.--Section 308c(e) of such 
title is amended by striking ``December 31, 2004'' and inserting 
``December 31, 2005''.
    (d) 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''.
    (e) Selected Reserve Affiliation Bonus.--Section 308e(e) of such 
title is amended by striking ``December 31, 2004'' and inserting 
``December 31, 2005''.
    (f) Ready Reserve Enlistment and Reenlistment Bonus.--Section of 
308h(g) of such title is amended by striking ``December 31, 2004'' and 
inserting ``December 31, 2005''.
    (g) Prior Service Reenlistment Bonus.--Section 308i(f) of such 
title is amended by striking ``December 31, 2004'' and inserting 
``December 31, 2005''.
    (h) Repayment of Education Loans for Certain Health Professionals 
Who Serve in the Selected Reserve.--Section 16302(d) of title 10, 
United States Code, is amended by striking ``January 1, 2005'' and 
inserting ``January 1, 2006''.

SEC. 612. BONUS FOR OFFICERS TO SERVE IN THE SELECTED RESERVE IN A 
              CRITICAL SKILL OR MANPOWER SHORTAGE.

    (a) In General.--Chapter 5 of title 37, United States Code, is 
amended by adding at the end the following new section:
``Sec. 308j. Special pay: bonus for officers to serve in the Selected 
              Reserve in a critical skill or manpower shortage
    ``(a) Bonus Authorization.--The Secretary of Defense may pay--
            ``(1) an affiliation bonus to an officer of an armed force, 
        including a warrant officer, (other than 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 the Selected Reserve of the Ready Reserve for a period 
        of not less than three years in a designated critical officer 
        skill or manpower shortage after being discharged or released 
        from active duty under honorable conditions, once the officer 
        affiliates with a unit or position in the Selected Reserve; and
            ``(2) an accession bonus to a person who executes a written 
        agreement to accept a commission as an officer of the armed 
        forces and serve in the Selected Reserve of the Ready Reserve 
        in a designated critical officer skill for a period of not less 
        than three years, upon acceptance of the agreement by the 
        Secretary concerned.
    ``(b) Designation of Critical Officer Shortage.--The Secretary 
concerned shall designate the critical officer skill shortages and 
critical manpower shortages for the purposes of this section.
            ``(1) A skill may be designated as a critical officer skill 
        for an armed force under this subsection if--
                    ``(A) to meet requirements of the armed force, it 
                is critical for the armed force to have a sufficient 
                number of officers who are qualified in that skill; or
                    ``(B) to mitigate a current or projected 
                significant shortage of personnel in the armed force 
                who are qualified in that skill, it is critical to 
                access into that armed force in sufficient numbers 
                persons who are qualified in that skill or are to be 
                trained in that skill.
            ``(2) A manpower shortage may be designated for a current 
        or projected shortage in a unit or overall shortage in a pay 
        grade.
    ``(c) Limitation on Amount of Bonus.--The amount of a bonus under 
subsection (a) may not exceed $12,000.
    ``(d) Payment Method.--Upon acceptance of a written agreement by 
the Secretary concerned, the total amount of the bonus payable under 
the agreement becomes fixed. The agreement shall specify whether the 
bonus shall be paid by the Secretary in a lump sum or installments.
    ``(e) Relation to Other Accession Bonus Authority.--An officer or 
individual may not receive a 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.
    ``(f) Repayment for Failure To Commence or Complete Obligated 
Service.--(1) An individual who, after receiving all or part of the 
bonus under an agreement referred to in subsection (a), does not accept 
a commission as an officer or does not commence to 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 established by 
the Secretary concerned.
    ``(2) The Secretary concerned shall set forth whether repayment is 
required in whole or in part, the method for computing the amount of 
the repayment, and the conditions under which an exception to the 
required repayment would apply.
    ``(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 
subsection (a) does not discharge the individual signing the agreement 
from a debt arising under such agreement or 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 officers to serve in the Selected 
                            Reserve in critical skill or manpower 
                            shortage.''.

SEC. 613. CRITICAL SKILLS RETENTION BONUS; ELIGIBILITY OF MEMBERS --
              SERVING ON INDEFINITE REENLISTMENT IS INVOLVED.

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

SEC. 614. FOREIGN LANGUAGE PROFICIENCY PAY.

    Section 1596a of title 10, United States Code, is amended--
    (a) in subsection (a)(2), by striking ``during a contingency 
operation supported by the armed forces''; and
    (b) in subsection (c), by inserting before the period at the end 
the following: ``and shall not be considered base pay for any 
purpose''.

SEC. 615. REPAYMENT OF UNEARNED PORTIONS OF BONUSES, SPECIAL PAYS, AND 
              EDUCATIONAL BENEFITS.

    (a) Repayment of Unearned Portions of Bonuses.--(1) Chapter 5 of 
title 37, United States Code, is amended by adding at the end the 
following new section:
``Sec. 327. Repayment of unearned portions of bonuses, incentives, 
              special pay or similar payments, or educational benefits 
              or stipends when conditions of payment not met
    ``(a) In General.--A member of the uniformed services who has 
received a bonus, incentive, special pay or similar payment, or an 
educational benefit or stipend, and who is, by law, subject to the 
repayment provisions of this section shall repay to the United States 
such compensation or benefit when the member does not meet the 
conditions of the pay or benefit, except under conditions established 
by the Secretary concerned.
    ``(b) Regulations.--The Secretary concerned may set forth in 
regulations procedures for determining the amount of any repayment, and 
the conditions under which an exception to the required repayment would 
apply. The Secretary concerned may specify in such regulations the 
conditions under which any future installment payment of a bonus, 
incentive, special pay, or similar payment or benefit will not be made 
when the member does not meet the conditions of pay or benefit. For the 
military departments, this section shall be administered under 
regulations prescribed by the Secretary of Defense.
    ``(c) Debt.--An obligation to repay the United States under 
subsection (a) is, for all purposes, a debt owed the United States.
    ``(d) Effect of Bankruptcy.--A discharge in bankruptcy under title 
11 does not discharge a person from a debt under this section if the 
final decree of discharge is entered less than five years after the 
date of the termination of the service or the date of the termination 
of the agreement on which the debt is based. This subsection applies to 
any case commenced under title 11 after March 30, 2005.''.
    (2) Clerical amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``327. Repayment of unearned portions of bonuses, incentives, special 
                            pay or similar payments, or educational 
                            benefits or stipends, when conditions of 
                            payment not met.''.
    (b) Aviation Career Officer Retention Bonus.--Subsection (g) of 
section 301b of such title is amended to read as follows:
    ``(g) Repayment of Bonus.--An officer who does not complete the 
period of active duty specified in the agreement entered into under 
subsection (a) shall be subject to the repayment provisions of section 
327 of this title.''.
    (c) Medical Officer Multiyear Retention Bonus.--Subsection (c) of 
section 301d of such title is amended to read as follows:
    ``(c) Repayment of Bonus.--An officer who does not complete the 
period of active duty specified in the agreement entered into under 
subsection (a) shall be subject to the repayment provisions of section 
327 of this title.''.
    (d) Dental Officer Multiyear Retention Bonus.--Subsection (d) of 
section 301e of such title is amended to read as follows:
    ``(d) Repayment of Bonus.--An officer who does not complete the 
period of active duty specified in the agreement entered into under 
subsection (a) shall be subject to the repayment provisions of section 
327 of this title.''.
    (e) Medical Officer Special Pay.--Section 302 of such title is 
amended--
            (1) in subsection (c), by amending the last sentence in 
        paragraph (2) to read as follows: ``If such entitlement is 
        terminated, the officer concerned shall be subject to the 
        repayment provisions of section 327 of this title.''.
            (2) by amending subsection (f) to read as follows:
    ``(f) Repayment.--An officer who does not complete the period for 
which the payment was made under subsection (a)(4) or (b)(1) shall be 
subject to the repayment provisions of section 327 of this title.''.
    (f) Optometrist Retention Special Pay.--Paragraph (4) of section 
302a(b) of such title is amended to read as follows:
    ``(4) Repayment.--The Secretary concerned may terminate at any time 
the eligibility of an officer to receive retention special pay under 
paragraph (1). An officer who does not complete the period for which 
the payment was made under paragraph (1) shall be subject to the 
repayment provisions of section 327 of this title.''.
    (g) Dental Officer Special Pay.--Section 302b of such title is 
amended--
            (1) in subsection (b), by striking the second sentence in 
        paragraph (2);
            (2) by amending subsection (e) to read as follows:
    ``(e) Repayment.--An officer who does not complete the period of 
active duty for which the payment was made under subsection (a)(4) 
shall be subject to the repayment provisions of section 327 of this 
title.'';
            (3) by striking subsection (f); and
            (4) by redesignating subsections (g) and (h) as subsections 
        (f) and (g), respectively.
    (h) Accession Bonus for Registered Nurses.--Subsection (d) of 
section 302d of such title is amended to read as follows:
    ``(d) An officer who does not become and remain licensed as a 
registered nurse during the period for which the payment is made, or 
who does not complete the period of active duty specified in the 
agreement entered into under subsection (a) shall be subject to the 
repayment provisions of section 327 of this title.''.
    (i) Nurse Anesthetist Special Pay.--Section 302e of such title is 
amended--
            (1) in subsection (c), by striking the last sentence; and
            (2) by amending subsection (e) to read as follows:
    ``(e) An officer who does not complete the period of active duty 
specified in the agreement entered into under subsection (a) shall be 
subject to the repayment provisions of section 327 of this title.''.
    (j) Reserve, Recalled or Retained Health Care Officers Special 
Pay.--Subsection (c) of section 302f of such title is amended by 
striking ``refund'' and inserting ``repay.''.
    (k) Selected Reserve Health Care Professionals in Critically Short 
Wartime Specialties Special Pay.--Section 302g of such title is 
amended--
            (1) by striking subsections (d) and (e);
            (2) by inserting after subsection (c) the following new 
        subsection (d):
    ``(d) Repayment.--An officer who does not complete the period of 
service in the Selected Reserve of an armed force specified in the 
agreement entered into under subsection (a) shall be subject to the 
repayment provisions of section 327 of this title.''; and
            (3) by redesignating subsection (f) as subsection (e).
    (l) Accession Bonus for Dental Officers.--Subsection (d) of section 
302h of such title is amended to read as follows:
    ``(d) A person after signing a written agreement who thereafter is 
not commissioned as an officer of the armed forces, or does not become 
licensed as a dentist, or does not complete the period of active duty 
specified in the agreement entered into under subsection (a) shall be 
subject to the repayment provisions of section 327 of this title.''.
    (m) Accession Bonus for Pharmacy Officers.--Subsection (e) of 
section 302j of such title is amended to read as follows:
    ``(e) A person after signing a written agreement who thereafter is 
not commissioned as an officer of the armed forces, or does not become 
and remain certified or licensed as a pharmacist, or does not complete 
the period of active duty specified in the agreement entered into under 
subsection (a) shall be subject to the repayment provisions of section 
327 of this title.''.
    (n) Reenlistment Bonus for Active Members.--Subsection (d) of 
section 308 of such title is amended to read as follows:
    ``(d) Repayment of Bonus.--A member who does not complete the term 
of enlistment for which a bonus was paid to the member under this 
section, or a member who is not technically qualified in the skill for 
which a bonus was paid to him under this section, shall be subject to 
the repayment provisions of section 327 of this title.''.
    (o) Reenlistment Bonus for Selected Reserve.--Subsection (d) of 
section 308b of such title is amended to read as follows:
    ``(d) A member who does not complete the term of enlistment in the 
element of the Selected Reserve of the Ready Reserve for which the 
bonus was paid to the member under this section, shall be subject to 
the repayment provisions of section 327 of this title.''.
    (p) Enlistment Bonus for Selected Reserve.--Subsection (d) of 
section 308c of such title is amended to read as follows:
    ``(d) Repayment.--A member who does not participate satisfactorily 
in training with his unit during a term of enlistment for which a bonus 
has been paid to him under this section shall be subject to the 
repayment provisions of section 327 of this title.''.
    (q) Reserve Affiliation Bonus.--Subsection (d) of section 308e of 
such title is amended to read as follows:
    ``(d) Repayment.--A member who does not participate satisfactorily 
in training with his unit during a term of enlistment for which a bonus 
has been paid to him under this section shall be subject to the 
repayment provisions of section 327 of this title.''.
    (r) Ready Reserve Enlistment Bonus.--Section 308g of such title is 
amended--
            (1) by amending subsection (d) to read as follows:
    ``(d) Repayment.--A person who does not serve satisfactorily in the 
element of the Ready Reserve in the combat or combat support skill for 
the period for which the bonus was paid under this section shall be 
subject to the repayment provisions of section 327 of this title.'';
            (2) by striking subsections (e) and (f); and
            (3) by redesignating subsections (g) and (h) as subsections 
        (e) and (f), respectively.
    (s) Ready Reserve Reenlistment, Enlistment, and Voluntary Extension 
of Enlistment Bonus.--Section 308h of such title is amended--
            (1) by amending subsection (c) to read as follows:
    ``(c) Repayment.--A person who does not complete the period of 
enlistment or extension of enlistment for which the bonus was paid 
under this section shall be subject to the repayment provisions of 
section 327 of this title.'';
            (2) by striking subsections (d) and (e); and
            (3) by redesignating subsections (f) and (g) as subsections 
        (d) and (e), respectively.
    (t) Prior Service Enlistment Bonus.--Subsection (d) of section 308i 
of such title is amended to read as follows:
    ``(d) A person who receives a bonus payment under this section and 
who, during the period for which the bonus was paid, does not serve 
satisfactorily in the element of the Selected Reserve of the Ready 
Reserve with respect to which the bonus was paid shall be subject to 
the repayment provisions of section 327 of this title.''.
    (u) Enlistment Bonus.--Subsection (b) of section 309 of such title 
is amended to read as follows:
    ``(b) A member who does not complete the term of enlistment for 
which a bonus was paid to the member under this section, or a member 
who is not technically qualified in the skill for which a bonus was 
paid, shall be subject to the repayment provisions of section 327 of 
this title.''.
    (v) Special Pay for Nuclear-Qualified Officers Extending Active 
Duty.--Subsection (b) of section 312 of such title is amended to read 
as follows:
    ``(b) Repayment.--An officer who does not complete the period of 
active duty in connection with supervision, operation, and maintenance 
of naval nuclear propulsion plants which the officer agreed to serve, 
and for which the payment was made under subsection (a)(3) or (d)(1), 
shall be subject to the repayment provisions of section 327 of this 
title.''.
    (w) Nuclear Career Accession Bonus.--Paragraph (2) of section 
312b(a) of such title is amended to read as follows:
    ``(2) An officer who does not commence or complete satisfactorily 
the nuclear power training specified in the agreement under paragraph 
(1) shall be subject to the repayment provisions of section 327 of this 
title.''.
    (x) Enlisted Members Extending Duty at Designated Locations 
Overseas.--Subsection (d) of section 314 of such title is amended to 
read as follows:
    ``(d) A member who, having entered into a written agreement to 
extend a tour of duty for a period under subsection (a), receives a 
bonus payment under subsection (b)(2) for a 12-month period covered by 
the agreement and ceases during that 12-month period to perform the 
agreed tour of duty shall be subject to the repayment provisions of 
section 327 of this title.''.
    (y) Special Warfare Officers Extending Period of Active Duty.--
Subsection (h) of section 318 of such title is amended to read as 
follows:
    ``(h) An officer who, having entered into a written agreement under 
subsection (b) and has received all or part of a bonus under this 
section, does not complete the period of active duty in special warfare 
service as specified in the agreement, shall be subject to the 
repayment provisions of section 327 of this title.''.
    (z) Surface Warfare Officers Extending Period of Active Duty.--
Subsection (f) of section 319 of such title is amended to read as 
follows:
    ``(f) An officer who, having entered into a written agreement under 
subsection (b) and having received all or part of a bonus under this 
section, does not complete the period of active duty as a department 
head on a surface vessel specified in the agreement, shall be subject 
to the repayment provisions of section 327 of this title.''.
    (aa) Judge Advocate Continuation Pay.--Subsection (f) of section 
321 of such title is amended to read as follows:
    ``(f) An officer who has entered into a written agreement under 
subsection (b) and has received all or part of the amount payable under 
the agreement but who does not complete the total period of active duty 
specified in the agreement, shall be subject to the repayment 
provisions of section 327 of this title.''.
    (bb) 15-Year Career Status Bonus for Members Entering Service on or 
After August 1, 1986.--Subsection (f) of section 322 of such title is 
amended to read as follows:
    ``(f) If a person paid a bonus under this section does not complete 
a period of active duty beginning on the date on which the election of 
the person under subsection (a)(1) is received and ending on the date 
on which the person completes 20 years of active duty service as 
described in subsection (a)(2), the person shall be subject to the 
repayment provisions of section 327 of this title.''.
    (cc) Retention Incentives for Members Qualified in a Critical 
Military Skill.--Subsection (g) of section 323 of such title is amended 
to read as follows:
    ``(g) A member who has entered into a written agreement under 
subsection (a), and who does not complete the total period of active 
duty specified in the agreement, shall be subject to the repayment 
provisions of section 327 of this title.''.
    (dd) Accession Bonus for New Officers in Critical Skills.--
Subsection (f) of section 324 of such title is amended to read as 
follows:
    ``(f) An individual who, having received all or part of the bonus 
under an agreement referred to in subsection (a), is not thereafter 
commissioned as an officer or does not commence or does not complete 
the total period of active duty service specified in the agreement, 
shall be subject to the repayment provisions of section 327 of this 
title.''.
    (ee) Incentive Bonus: Savings Plan for Education Expenses and Other 
Contingencies.--Subsection (g) of section 325 of such title is amended 
to read as follows:
    ``(g) If a person does not complete the qualifying service for 
which the person is obligated under a commitment for which a benefit 
has been paid under this section, the person shall be subject to the 
repayment provisions of section 327 of this title.''.
    (ff) Enlistment Incentives for Pursuit of Skills to Facilitate 
National Service.--Subsection (i) of section 510 of title 10, United 
States Code, is amended to read as follows:
    ``(i) If a National Call to Service participant who has entered 
into an agreement under subsection (b) and received or benefitted from 
an incentive under subsection (e)(1) or (e)(2) fails to complete the 
total period of service specified in such agreement, the National Call 
to Service participant shall be subject to the repayment provisions of 
section 327 of title 37.''.
    (gg) Scholarship Program for Qualifying Personnel for Acquisition 
Positions in the Department of Defense.--Paragraph (3) of section 
1744(d) of such title is amended to read as follows:
    ``(3) For a uniformed member who is separated from service before 
the end of the period for which the person has agreed to continue in 
the service in an acquisition position shall be subject to the 
repayment provisions of section 327 of title 37. For an employee of the 
Department of Defense, the Secretary may waive in whole or in part a 
required repayment under this subsection if the Secretary determines 
the recovery would be against equity and good conscience or would be 
contrary to the best interests of the United States.''.
    (hh) Advanced Education Assistance.--Section 2005 of such title is 
amended--
            (1) in subsection (a), by amending paragraph (3) to read as 
        follows:
            ``(3) that if such person does not complete the period of 
        active duty specified in the agreement, or does not fulfill any 
        term or condition prescribed pursuant to clause (4), such 
        person shall be subject to the repayment provisions of section 
        327 of title 37.'';
            (2) by striking subsections (c), (d), (g) and (h);
            (3) by redesignating subsections (e) and (f) as subsections 
        (c) and (d), respectively; and
            (4) by amending subsection (d), as redesignated by 
        paragraph (3), to read as follows:
    ``(d) The Secretary concerned shall require, as a condition to the 
Secretary providing financial assistance under section 2107 or 2107a of 
this title to any person, that such person enter into an agreement 
described in subsection (a). In addition to the requirements of 
subsections (a)(1) through (a)(4), any agreement required by this 
subsection shall provide that if such person does not complete the 
education requirements specified in the agreement, or does not fulfill 
any term or condition prescribed pursuant to subsection (a)(4), the 
person shall be subject to the repayment provisions of section 327 of 
title 37 without the Secretary first ordering such person to active 
duty as provided for under subsection (a)(2) and sections 2107(f) and 
2107a(f) of this title.''.
    (ii) Tuition for Off-Duty Training or Education.--Section 2007 of 
such title is amended by adding at the end the following new 
subsection:
    ``(f) Repayment.--If such person does not complete the period of 
active duty specified in the agreement under subsection (b), such 
person shall be subject to the repayment provisions of section 327 of 
title 37.''.
    (jj) Advanced Training, Failure To Complete or To Accept 
Commission.--Section 2105 of such title is amended--
            (1) by striking ``A member'' and inserting ``(a) A 
        member''; and
            (2) by adding at the end the following new subsection:
    ``(b) Repayment.--If such person does not complete the period of 
active duty specified under subsection (a), the person shall be subject 
to the repayment provisions of section 327 of title 37.''.
    (kk) Financial Assistance Program for Specially Selected Members.--
Section 2107 of such title is amended by adding at the end the 
following new subsection:
    ``(j) Repayment.--A person after signing a written agreement who 
thereafter is not commissioned as an officer or does not complete the 
period of service as specified in subsection (b), (f) or (h)(2), shall 
be subject to the repayment provisions of section 327 of title 37.''.
    (ll) Health Professions Scholarship and Financial Assistance 
Program for Active Service.--Subparagraph (C) of section 2123(e)(1) of 
such title is amended to read as follows:
    ``(C) If such person does not complete the period of active duty 
obligation specified under subsection (a), such person shall be subject 
to the repayment provisions of section 327 of title 37.''.
    (mm) Financial Assistance: Nurse Officer Candidates.--Subsection 
(d) of section 2130a of such title is amended to read as follows:
    ``(d) Repayment.--A person who does not complete a nursing degree 
program in which the person is enrolled in accordance with the 
agreement entered into under subsection (a), or having completed the 
nursing degree program, does not become an officer in the Nurse Corps 
of the Army or the Navy or an officer designated as a nurse officer of 
the Air Force or commissioned corps of the Public Health Service; or 
does not complete the period of obligated active service required under 
the agreement, shall be subject to the repayment provisions of section 
327 of title 37.''.
    (nn) Education Loan Repayment Program: Commissioned Officers in 
Specified Health Professions.--Subsection (g) of section 2173 of such 
title is amended--
            (1) by inserting ``(1)'' after ``(g)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) An officer who does not complete the period of active duty 
specified in the agreement entered into under subsection (a)(3), or the 
alternative obligation under paragraph (1), shall be subject to the 
repayment provisions of section 327 of title 37.''.
    (oo) Scholarship Program for Degree Program for Degree or 
Certification in Information Assurance.--Section 2200a of such title is 
amended--
            (1) by amending subsection (e) to read as follows:
    ``(e) Repayment for Period of Unserved Obligated Service.--(1) A 
member of an armed force who does not complete the period of active 
duty specified in the service agreement under section (b) shall be 
subject to the repayment provisions of section 327 of title 37.
    ``(2) A civilian employee of the Department of Defense who 
voluntarily terminates service before the end of the period of 
obligated service required under an agreement entered into under 
subsection (b) 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 and otherwise to achieve 
the goals set forth in section 2200(a) of this title.
            ``(A) Obligation as debt.--An obligation to reimburse the 
        United States imposed under paragraph (1) is for all purposes a 
        debt owed to the United States.
            ``(B) Repayment.--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.
            ``(C) Effect of discharge in bankruptcy.--A discharge in 
        bankruptcy under title 11 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.'';
            (2) by striking subsection (f); and
            (3) by redesignating subsection (g) as subsection (f).
    (pp) Cadets: Agreement to Service as Officer.--Section 4348 of such 
title is amended by adding at the end the following new subsection:
    ``(f) A cadet or former cadet who does not fulfill the terms of the 
agreement as specified under section (a), or the alternative obligation 
under subsection (b), shall be subject to the repayment provisions of 
section 327 of title 37.''.
    (qq) Midshipmen: Agreement for Length of Service.--Section 6959 of 
such title is amended by adding at the end the following new 
subsection:
    ``(f) A midshipman or former midshipman who does not fulfill the 
terms of the agreement as specified under section (a), or the 
alternative obligation under subsection (b), shall be subject to the 
repayment provisions of section 327 of title 37.''.
    (rr) Cadets: Agreement to Service as Officer.--Section 9348 of such 
title is amended by adding at the end the following new subsection:
    ``(f) A cadet or former cadet who does not fulfill the terms of the 
agreement as specified under section (a), or the alternative obligation 
under subsection (b), shall be subject to the repayment provisions of 
section 327 of title 37.''.
    (ss) Cadets: Number, Appointment, Obligation To Serve.--Section 182 
of title 14, United States Code, is amended by adding at the end the 
following new subsection:
    ``(g) A cadet or former cadet who does not fulfill the terms of the 
obligation to serve as specified under section (b), or the alternative 
obligation under subsection (c), shall be subject to the repayment 
provisions of section 327 of title 37.''.
    (tt) Educational Assistance for Members of the Selected Reserve.--
Section 16135 of title 10 United States Code, is amended to read as 
follows:
``Sec. 16135. Failure to participate satisfactorily; penalties
    ``(a) A member of the Selected Reserve of the Ready Reserve of an 
armed force who does not participate satisfactorily in required 
training as a member of the Selected Reserve during a term of 
enlistment or other period of obligated service that created 
entitlement of the member to educational assistance under this chapter, 
and during which the member has received such assistance, shall, at the 
option of the Secretary concerned--
            ``(1) be ordered to active duty for a period of two years 
        or the period of obligated service the person has remaining 
        under section 16132 of this title, whichever is less; or
            ``(2) be subject to the repayment provisions under section 
        327 of title 37.
    ``(b) Any repayment under the provisions of section 327 of title 37 
shall not affect the period of obligation of such member to serve as a 
Reserve in the Selected Reserve.''.
    (uu) Health Professions Stipend Program--Penalties and 
Limitations.--Subparagraph (B) of section 16203(a)(1) of such title is 
amended to read as follows:
    ``(B) shall be subject to the repayment provisions of section 327 
of title 37.''.
    (vv) Marine Corps Platoon Leaders Class: College Tuition Assistance 
Program.--Subsection (f) of section 16401 of such title is amended--
            (1) in paragraph (1), by striking ``may be required to 
        repay the full amount of financial assistance'' and inserting 
        ``shall be subject to the repayment provisions of section 327 
        of title 37''; and
            (2) by amending paragraph (2) to read as follows:
            ``(2) Any requirement to repay any portion of financial 
        assistance received under this section shall be administered 
        under Secretary of Defense regulations issued under section 327 
        of title 37. The Secretary of the Navy may waive the 
        obligations referenced in paragraph (1) in the case of a person 
        who--''.
    (ww) Conversion to Military Occupational Security Incentive 
Bonus.--Subsection (e) of section 326 of title 37, United States Code, 
is amended to read as follows:
    ``(e) Repayment of Bonus.--A member who fails to serve in such 
military occupational specialty for the period specified in the 
agreement executed under subsection (a) shall be subject to the 
repayment provisions of section 327 of this title.''.
    (xx) Effective Date.--(1) The amendments made by this section shall 
take effect on April 1, 2005.
    (2) Notwithstanding paragraph (1)--
            (A) the amendments made by this section do not apply to any 
        bonus, incentive, special pay or similar payment (such as 
        education assistance or stipend), which the United States 
        became obligated to pay before April 1, 2005; and
            (B) the following provisions in effect on March 30, 2005, 
        shall continue to apply, in accordance with the provisions 
        thereof, with respect to any bonus, incentive, special pay, or 
        an educational benefit or stipend, which the United States 
        became obligated to pay before April 1, 2005:
                    (i) sections 301b(g), 301d(c), 301e(d), 302(f), 
                302a(b)(4), 302b, 302d(d), 302e, 302f, 302g, 302h, 
                302j, 308(d), 308b(d), 308c(d), 308e(d), 308g(d), 
                308h(c), 308i(d), 309(b), 312(b), 312b(a)(2), 314(d), 
                318(h), 319(h), 321(f), 322(f), 323(g), 324(f), 325(g), 
                and 326(e) of title 37, United States Code;
                    (ii) sections 510, 1744(d)(3); 2005(a)(3), (c), 
                (d), (f), and (g); 2007; 2105; 2107; 2123(e)(1)(C); 
                2130a(d); 2173(g); 2200a(e)(3); 4348; 6959; 9348; 
                16135; 16203(a)(1)(B); and 16401(f)(1) of title 10, 
                United States Code; and
                    (iii) section 182 of title 14, United States Code.

            Subtitle C--Travel and Transportation Allowances

SEC. 621. LODGING COSTS INCURRED IN CONNECTION WITH STUDENT DEPENDENT 
              TRAVEL.

    Section 430(b) of title 37, United States Code, is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting after paragraph (1) the following new 
        paragraph (2):
            ``(2) The allowance described in paragraph (1) may include 
        reimbursement at a rate prescribed by the Secretaries concerned 
        for lodging costs incurred when, for reasons beyond the control 
        of the student, the student is required to procure 
        accommodations while en route.''.

SEC. 622. EXPANDED TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY 
              MEMBERS TO ATTEND BURIAL CEREMONIES.

    Section 411f of title 37, United States Code, is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) Limitations.--Allowances under subsection (a) may be provided 
to the same location determined under section 1482 of title 10, and may 
not exceed the rates for two days and the time necessary for such 
travel.''; and
            (2) in subsection (c)(1)(C), 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''.

                       Subtitle D--Other Matters

SEC. 631. PROTECTION AGAINST DOUBLE TAXATION FOR SERVICE MEMBERS ABSENT 
              FROM THEIR RESIDENCE OR DOMICILE SOLELY BY REASON OF 
              COMPLIANCE WITH MILITARY ORDERS.

    Section 511(c) of the Servicemembers Civil Relief Act (50 U.S.C. 
App. 571) is amended by adding at the end the following new paragraph:
    ``(5) Use, excise, or similar taxes.--A tax jurisdiction may not 
impose a sales, use, excise, or similar tax on the personal property of 
a nonresident servicemember when the laws of the tax jurisdiction fail 
to provide a credit against such taxes for sales, use, excise, or 
similar taxes previously paid on the same property to another tax 
jurisdiction.''.

SEC. 632. ACCUMULATION OF ANNUAL LEAVE BY INTELLIGENCE SENIOR LEVEL 
              EMPLOYEES.

    Section 1607 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d) Accumulation of Annual Leave to Employees in Intelligence 
Senior Level Positions.--Employees in Intelligence Senior Level 
positions designated under subsection (a) may accumulate annual leave 
consistent with the provisions of section 6304(f) of title 5.''.

                   TITLE VII--HEALTH CARE PROVISIONS

SEC. 701. EXEMPTION OF NONAPPROPRIATED FUND HEALTH BENEFITS PROGRAM 
              FROM NON-FEDERAL LAWS, TAXES, AND MANDATES.

    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:
    ``(c) Exemption.--(1) No tax, fee, other monetary payment, or 
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 that program by any State, United States Territory, the 
District of Columbia, or the Commonwealth of Puerto Rico, or by any 
political subdivision or other non-federal government authority 
thereof. This prohibition shall apply to the same extent as the 
prohibition in section 8909(f) of title 5, United States Code, applies 
to the health insurance program authorized by chapter 89 of such title.
    ``(2) Paragraph (1) shall not be construed to exempt the 
Nonappropriated Fund Uniform Health Benefits Program of the Department 
of Defense or any carrier or underwriting or plan administration 
subcontractor of that 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 that program or by such carrier or 
underwriting or plan administration subcontractor from business 
conducted under this chapter, if that tax, fee, or payment is 
applicable to a broad range of business activity.''.

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

             Subtitle A--Acquisition Policy and Management

SEC. 801. DEFENSE ACQUISITION WORKFORCE CHANGES.

    (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 a position as 
designated by the Secretary of Defense''.
    (b) Critical Acquisition Positions.--Section 1733 of such title is 
amended by striking subsection (b) and inserting the following:
    ``(b) Designation of Critical Acquisition Positions.--(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:
            ``(A) Program Executive Officer.
            ``(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).
            ``(C) Deputy program manager of a major defense acquisition 
        program.
            ``(D) Any other acquisition position of significant 
        responsibility determined by the Secretary to be critical.
    ``(2) The Secretary shall periodically publish a list of the 
positions designated under this subsection.
    (c) Scholarship Programs.--Section 1742(3) of such title is amended 
by adding at the end the following:
    ``(A) Written agreement.--Scholarship recipients shall be required 
to sign a written agreement defining the terms for the scholarship. 
Such terms shall address criteria for continuing eligibility and 
repayment if the recipient fails to make the eligibility criteria and a 
continuing service obligation.
    ``(B) Repayment.--(i) In addition to the repayments that may be 
required by subparagraph (A), any person participating in a scholarship 
program established under this section shall agree to pay to the United 
States the total amount of educational assistance provided to the 
person under this program if the person is voluntarily separated from 
government service or involuntarily separated for cause from the 
Department of Defense before the end of the period for which the person 
has agreed to continue in the service of the Department of Defense in 
an acquisition position.
    ``(ii) If an employee fails to fulfill his agreement to pay to the 
Government the total amount of educational assistance provided to the 
person under this program, a sum equal to the 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.
    ``(iii) The Secretary may waive in whole or in part a required 
repayment under this subsection if the Secretary determines the 
recovery would be against equity and good conscience or would be 
contrary to the best interests of the United States.
    ``(iv) Effect of discharge in bankruptcy.--A discharge in 
bankruptcy under title 11 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.
    ``(C) Rule of construction.--Nothing in this section shall be 
considered to require that a position be offered to a person after such 
person successfully completes the course of education agreed to. 
However, if no position described in the required written agreement of 
subsection (3)(A) is offered within the time specified in the 
agreement, the agreement shall be considered terminated.''.
    (d) Authority To Establish Different Minimum Requirements.--Section 
1764(b) of such title is amended--
            (1) in paragraph (1), by striking ``(5)'' and inserting 
        ``(6)'';
            (2) by redesignating paragraph (5) as paragraph (6); and
            (3) by inserting after paragraph (4) the following new 
        paragraph (5):
            ``(5) Deputy Program Manager.''.

SEC. 802. DELEGATION TO THE DEFENSE CONTRACT MANAGEMENT AGENCY TO MAKE 
              DETERMINATIONS CONCERNING RESTRUCTURING COSTS.

    Paragraph (2) of section 2325(a) of title 10, United States Code, 
is amended by striking ``an Assistant Secretary of Defense'' and 
inserting ``the Director, Defense Contract Management Agency''.

SEC. 803. DISPOSAL OF EXCESS AND OBSOLETE MATERIALS CONTAINED IN THE 
              NATIONAL DEFENSE STOCKPILE.

    (a) Disposal Authorized.--Subject to conditions specified in 
subsection (b), the President may dispose excess and obsolete materials 
contained in the National Defense Stockpile as set forth in the 
following table, with the quantity of each material authorized for 
disposal to be either the remaining inventory or the quantity set 
forth, whichever is greater:

    Cobalt.........................
                                        4,497,460 pounds contained 
                                                cobalt
    Beryllium metal (vacuum cast)..
                                        5 short tons
    Chromite Chemical..............
                                        34,000 short dry tons
    Chromite Refractory............
                                        83,791 short tons
    Chromium Ferroalloy............
                                        63,279 short tons
    Columbium Concentrates.........
                                        747,978 pounds contained 
                                                columbium
    Columbium Metal Ingot..........
                                        60,751 pounds contained 
                                                columbium
    Diamond, Stones................
                                        780,426 carats
    Germanium......................
                                        34,263 kilograms
    Platinum.......................
                                        20,880 troy ounces
    Platinum-Palladium.............
                                        4,918 troy ounces
    Tantalum Carbide Powder........
                                        8,158 pounds contained tantalum
    Tantalum Metal Powder..........
                                        34,607 pounds contained 
                                                tantalum
    Tantalum Minerals..............
                                        1,287,016 pounds contained 
                                                tantalum
    Tantalum Oxide.................
                                        41,320 pounds contained 
                                                tantalum
    Tungsten Ferro.................
                                        280,415 pounds contained 
                                                tungsten
    Tungsten Metal Powder..........
                                        919,666 pounds contained 
                                                tungsten
    Tungsten Ores & Concentrates...
                                        60,375,212 pounds contained 
                                                tungsten
    (b) Minimization of Disruption and Loss.--Disposal of materials 
under this section should minimize--
            (1) undue disruption of the usual markets of producers, 
        processors, and consumers of the materials proposed for 
        disposal; or
            (2) avoidable loss to the United States.
    (c) Relationship to Other Disposal Authority.--The disposal 
authority provided in subsection (a) is new disposal authority and is 
in addition to, and shall not affect, any other disposal authority 
provided by law regarding the materials in the National Defense 
Stockpile.

SEC. 804. PRIVATIZATION OF MILITARY UTILITIES LOCATED ON NON-FEDERAL 
              LAND.

    Section 2688 of title 10, United States Code, is amended--
            (1) by adding at the end the following new subsection:
    ``(j) Conveyances on Property Owned by Others.--(1) Notwithstanding 
subsection (b), for those installations where the United States does 
not own a preponderance of the land underlying the installation, the 
Secretary concerned may carry out a conveyance under subsection (a), 
without using competitive procedures, if the prospective conveyee--
            ``(A)(i) is a utility company whose service area is 
        adjacent to or covers part or all of the installation;
            ``(ii) is a regulated utility company;
            ``(iii) has a franchise to serve the area encompassing part 
        or all of the installation; and
            ``(iv) has a franchise granted by the state; or
            ``(B)(i) is a governmental entity;
            ``(ii) operates a public airport adjoining the 
        installation;
            ``(iii) owns the property underlying a substantial part or 
        all of the installation; and
            ``(iv) owns the utility system for the adjoining airport.
    ``(2) Clause (A)(iii) of paragraph (1) shall apply only if the 
state in which the installation is located grants franchises for the 
type of utility system being conveyed.
    ``(3) If more than one prospective conveyee meets the requirements 
of paragraph (1), the Secretary may limit competition to only those 
prospective conveyees.'';
            (2) in subsection (c)--
                    (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively; and
                    (B) by inserting after paragraph (1) the following 
                new paragraph (2):
            ``(2) Notwithstanding paragraph (1), if the conveyance is 
        made in accordance with subsection (j), and is made--
                    ``(A) to a regulated utility company which is 
                wholly owned by or is a governmental entity, or
                    ``(B) to a governmental entity under clause (B) of 
                subsection (j)(1)--
        ``the Secretary may determine that the interest conveyed has a 
        value of $1.00. Such determination shall be conclusive for all 
        purposes.'';
            (3) in subsection (f), by adding at the end the following 
        new paragraph:
            ``(3) In any conveyance to which paragraph (2) of 
        subsection (c) applies, the Secretary shall require that the 
        utility system, without notice, charge, or cost, revert to the 
        ownership of the United States if the utility company to which 
        the system was conveyed--
                    ``(A) if wholly owned by a governmental entity when 
                the system was conveyed, ceases to be wholly owned by a 
                governmental entity, or
                    ``(B) if a governmental entity when the system was 
                conveyed, changes to a non-governmental entity.''; and
            (4) in subsection (h)--
                    (A) in the subsection heading, by striking 
                ``Utility System Defined'' and inserting 
                ``Definitions''; and
                    (B) by adding at the end the following new 
                paragraphs:
            ``(3) The term `governmental entity' means public bodies 
        created in accordance with state law for the purpose of 
        exercising the authority of the state.
            ``(4) The term `independent regulatory body' means the 
        Federal Energy Regulatory Commission, a state-wide agency, or 
        an agency with less than state-wide jurisdiction when operating 
        pursuant to state authority. Such a body must have the power to 
        fix, establish, or control the rates and services of utility 
        systems.
            ``(5) The term `non-independent regulatory body' means a 
        body that regulates a utility system which is owned or operated 
        by the regulatory body or by the same entity that created the 
        regulatory body, such as a municipality that owns or operates 
        and regulates its own municipal utility system.
            ``(6) The term `regulated utility company' means a utility 
        company regulated by an independent regulatory body, as opposed 
        to a non-independent regulatory body.''.

SEC. 805. ELIMINATION OF DELAYS IN ASSIGNMENT OF REAL PROPERTY TO 
              FEDERAL SPONSORING AGENCIES FOR PUBLIC BENEFIT 
              CONVEYANCES.

    Section 550 of title 40, United States Code, is amended by adding 
at the end the following new subsection:
    ``(i) Direct Conveyance of Base Closure Properties.--(1) In regard 
to base closure properties disposed of under subsections (c), (d), (e), 
and (f), the duties, authorities, and responsibilities of the Secretary 
of Education, the Secretary of Health and Human Services, the Secretary 
of the Interior, and the Secretary of Housing and Urban Development, 
respectively, under those subsections, shall be exercised by the 
Secretary of Defense. Notwithstanding the previous sentence, the 
Secretary of Education, the Secretary of Health and Human Services, the 
Secretary of the Interior, and the Secretary of Housing and Urban 
Development shall retain their responsibility under subsections (c), 
(d), (e), and (f), respectively, to recommend the need for use of the 
properties for school, classroom, or other educational use, for 
protection of public health, including research, for public park or 
recreation area, and for low income housing assistance.
    ``(2)(A) For purposes of this section, the term `base closure 
properties' means those properties of the Department of Defense made 
excess to the needs of the Department of Defense pursuant to actions 
under a base closure law.
    ``(B) For purposes of this section, the term `base closure law' has 
the same meaning as provided in section 101(17) of title 10.''.

SEC. 806. TREATMENT OF CERTAIN FORMER MILITARY INSTALLATION LANDS AS 
              HUBZONES.

    Section (3)(p)(1) of the Small Business Act (15 U.S.C. 632 (p)(1)) 
is amended--
            (1) in subparagraph (C), by striking ``or'' at the end;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``or''; and
            (3) by inserting at the end the following new subparagraph:
                    ``(E) lands within the external boundaries of a 
                military installation that not more than 7 years 
                earlier was closed, realigned, transferred, converted, 
                or redeveloped under the authority of--
                            ``(i) 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);
                            ``(ii) title II of the Defense 
                        Authorization Amendments and Base Closure and 
                        Realignment Act (Public Law 100-526; 10 U.S.C. 
                        2687 note);
                            ``(iii) section 2687 of title 10, United 
                        States Code;
                            ``(iv) any other provision of law 
                        authorizing or directing the Secretary of 
                        Defense or the Secretary of a military 
                        department to dispose of real property at the 
                        military installation for purposes of 
                        redevelopment, while retaining the authority to 
                        enter into a leaseback of all or a portion of 
                        the property for military use; or
                            ``(v) excludes lands under the 
                        jurisdiction, custody, and control of a non-DoD 
                        federal agency from the HUBZone Program.''.

SEC. 807. REPEAL OF REDUNDANT LIMITATIONS ON THE PROCUREMENT OF TOTALLY 
              ENCLOSED LIFEBOATS.

    (a) Section 8124 of the Department of Defense Appropriations Act, 
1994 (Public Law 103-139; 107 Stat. 1469) is repealed.
    (b) Section 8093 of the Department of Defense Appropriations Act, 
1995 (Public Law 103-335; 108 Stat. 2638) is repealed.

SEC. 808. AMENDMENTS TO SMALL BUSINESS COMPETITIVENESS DEMONSTRATION 
              PROGRAM ACT OF 1988; STREAMLINING DATA COLLECTION.

    The Small Business Competitiveness Demonstration Program Act of 
1988 (15 U.S.C. 644 note, parts A and B) is amended--
            (1) by striking paragraph 702(3);
            (2) in section 711--
                    (A) in subsection (b)--
                            (i) by amending paragraph (1) to read as 
                        follows:
            ``(1) the competitive capabilities of small business firms 
        in designated industry groups will enable them to successfully 
        compete on an unrestricted basis for Federal contracting 
        opportunities, in excess of $500,000,''
                            (ii) by striking paragraph (2);
                            (iii) by redesignating paragraph (3) as 
                        paragraph (2);
                    (B) by amending subsection (d) to read as follows:
    ``(d) Application.--The Program shall apply to contract 
solicitations for the procurement of services in the designated 
industry groups as detailed in section 717.'';
            (3) by amending section 712 to read as follows:

``SEC. 712. ENHANCED SMALL BUSINESS PARTICIPATION GOALS.

    ``(a) Enhanced Goals for Designated Industry Groups.--Each 
participating agency shall establish an annual small business 
participation goal that is 40 percent of the dollar value of the 
contract awards for each of the designated industry groups. In 
attaining its small business participation goal for contract awards for 
each of the designated industry groups, each participating agency shall 
limit the use of small business set-aside procedures (15 U.S.C. 644(a)) 
to only those requirements with an anticipated contract award price, 
including all options, of $500,000 or less.
    ``(b) Small Business Reserve.--During the term of the Program, all 
contract opportunities in the designated industry groups in section 717 
shall be reserved for exclusive competition among small business 
concerns in accordance with the competition standard specified in 
section 15(j) of the Small Business Act (15 U.S.C. 644(j)), if the 
estimated award value of the contract is at or below the simplified 
acquisition threshold.
    ``(c) Encourage and Promote Joint Ventures and Teaming 
Agreements.--Federal departments and agencies participating under the 
``Small Business Competitiveness Demonstration Program'' shall 
encourage and promote joint ventures, teaming agreements, and other 
similar arrangements, which permit small business concerns to compete 
effectively for contract solicitations for which an individual small 
business concern would lack the requisite capacity or capability needed 
to establish responsibility for the award of a contract. Contracts 
awarded to such small business joint ventures and teams shall be 
accounted as small business awards if small businesses participating in 
such arrangements perform not less than fifty one percent of the 
requirement.'';
            (4) by amending section 713 to read as follows:

``SEC. 713. PROCUREMENT PROCEDURES.

    ``(a) Full and Open Competition.--Except as provided in subsections 
(b) each contract opportunity with an anticipated value of more than 
$500,000 for the procurement of goods and services from firms in the 
designated industry groups (unless set aside pursuant to section 8(a) 
of the Small Business Act (15 U.S.C. 637(a)), section 2323 of title 10, 
United States Code, section 7102 (15 U.S.C. 644 note) or (15 U.S.C. 
632(p)) shall be solicited on an unrestricted basis.
    ``(b) Restricted Competition.--Requirements with an anticipated 
value of $500,000 or less, including all options, shall be solicited to 
the maximum extent practicable pursuant to 15(a) and 15(q) of the Small 
Business Act (15 U.S.C. 644(a) and (q)).'';
            (5) by repealing section 714;
            (6) by amending section 716 to read as follows:

``SEC. 716. REPORTS TO CONGRESS.

    ``(a) In General.--Within 180 days after data for each of fiscal 
years 1991 through 2010 are available from the Federal Procurement Data 
Center, the Administrator of the Small Business Administration shall 
report the results of the Small Business Competitiveness Demonstration 
Program to the Senate Committee on Small Business and Entrepreneurship, 
the House of Representatives Committee on Small Business, the Senate 
Committee on Government Affairs and the House of Representatives 
Committee on Government Reform. The views of the Administrator of the 
Small Business Administration shall be included in the report.
    ``(b) Recommendations.--Limitation on the use of small business 
set-aside procedures above $500,000 shall remain in effect through 
fiscal year 2010. The Administrator of the Small Business 
Administration in consultation with the Administrator of the Office of 
Federal Procurement Policy may make adjustments to the $500,000 small 
business set-aside ceiling based on the Federal-wide small business 
achievement of 40 percent with respect to each of the designated 
industry groups. The 40 percent small business goal accomplishment or 
non-accomplishment shall include all small business awards as the 
numerator irrespective of the type of preference program and shall 
include small business awards pursuant to full and open competition, 
excluding foreign military sales. The denominator shall include all 
awards to business concerns, excluding foreign military sales.''; and
            (7) in section 718--
                    (A) by striking subsection (b); and
                    (B) by redesignating subsections (c), (d), and (e) 
                as subsections (b), (c), and (d), respectively.

SEC. 809. DEMONSTRATION PROGRAMS USING DESIGN-BUILD CONTRACTS.

    (a) Authority To Carry Out Program.--The Secretary of the Navy and 
the Secretary of the Army each may conduct a demonstration program to 
assess the feasibility and desirability to enter into design for 
design-build contract (fast-track design funding) prior to 
authorization and appropriation of the project, using design funds made 
available under the authority of section 2807 of title 10, United 
States Code, for the design portion of the contract in order to reduce 
facility acquisition time.
    (b) Design-Build Contracting.--For purposes of the demonstration 
program, the Secretary concerned shall have, in addition the authority 
in paragraph (c)(5) of section 2305a of title 10, United States Code, 
the authority, notwithstanding any other provision of law, to 
accelerate design efforts for design-build contracts (fast-track design 
funding) to complete the design effort for any military construction or 
family housing construction project, prior to the project being 
authorized and appropriated, if--
            (1) the contractor to which the contract was awarded has 
        been selected using design-build selection procedures 
        established under section 2305a of title 10, United States 
        Code;
            (2) a request for the authorization and appropriation of 
        construction funds has been submitted to Congress as part of 
        the President's annual budget; and
            (3) the Government's liability in a Termination for 
        Convenience would not exceed costs above that attributable to 
        the final design of the project.
    (c) Use of Design Funds in Design-Build Contacts.--Notwithstanding 
section 2807(a) of title 10, United States Code, projects conducted as 
part of this program may include projects specifically authorized by 
law.
    (d) Use of Design Funds in Design-Build Contracts for Facilities 
for Reserve Components.--Notwithstanding section 18233(e) of title 10, 
United States Code, projects conducted as part of this program may 
include projects specifically authorized by law.
    (e) Expiration.--The Secretary of the Navy and the Secretary of the 
Army may not enter into a contract for a military construction project 
under the demonstration program described in subsections (a), (b), and 
(c) after September 30, 2008.

SEC. 810. TWO-YEAR EXTENSION OF LABORATORY REVITALIZATION DEMONSTRATION 
              PROGRAM.

    Subsection (g) of section 2892 of the Military Construction 
Authorization Act for Fiscal Year 1996 (division B of Public Law 104-
106; 110 Stat. 590; 10 U.S.C. 2805 note), as amended by section 2871 of 
the Strom Thurmond National Defense Authorization Act for Fiscal Year 
1999 (Public Law 105-261; 112 Stat. 2225)), is further amended by 
striking ``September 30, 2003'' and inserting ``September 30, 2005''.

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

SEC. 821. TRANSPORTATION OF DEPARTMENT OF DEFENSE PASSENGERS OR 
              SUPPLIES BY AIR CARRIERS.

    Section 2710 of the Emergency Wartime Supplemental Appropriations 
Act, 2003 (Public Law 108-11; 117 Stat.559), is repealed.

SEC. 822. ONE-YEAR EXTENSION OF PROGRAM APPLYING SIMPLIFIED PROCEDURES 
              TO CERTAIN COMMERCIAL ITEMS.

    Section 4202(e) of the Clinger-Cohen Act of 1996 (divisions D and E 
of Public Law 104-106; 10 U.S.C. 2304 note) is amended by striking 
``January 1, 2006'' and inserting ``January 1, 2007''.

SEC. 823. PILOT AUTHORITY FOR FOLLOW-ON PRODUCTION AGREEMENTS RELATING 
              TO CERTAIN PROTOTYPE PROJECTS.

    (a) Follow-On Production Agreements.--A transaction entered into 
under section 845 of the National Defense Authorization Act for Fiscal 
Year 1994 as amended (Public Law 103-160; 10 U.S.C. 2371 note) for a 
prototype project may provide for the award of a follow-on production 
agreement to the participants in the transaction for a specific number 
of units at specific target prices. The number of units specified in 
the transaction shall be determined on the basis of a balancing of the 
level of the investment made in the project by the participants other 
than the Federal Government with the interest of the Federal Government 
in having competition among sources in the acquisition of the product 
or products prototyped under the project.
    (b) appropriate Use of Authority.--The Secretary of Defense shall 
ensure that no official of an agency enters into a transaction under 
the authority of this section for a follow-on production agreement 
unless use of a transaction is necessary to continue business 
arrangements established for prototype projects that included the 
significant participation of a nontraditional defense contractor when 
the nontraditional defense contractor continues to participate to a 
significant extent in the pre-production or production of the item.
    (c) Advance Payments.--A cumulative total of up to $20,000,000 of 
advances to participants in the transactions under this section is 
allowed without regard to subsection 3324(a) of title 31, United States 
Code, regarding advance payments.
    (d) Competitive Procedures.--A follow-on production agreement 
provided for in a transaction under paragraph (a) may be awarded to the 
participants in the transaction without the use of competitive 
procedures, notwithstanding the requirements of section 2304 of title 
10, United States Code, if------
            (1) competitive procedures were used for the selection of 
        parties for participation -in the prototype transaction;
            (2) the participants in the prototype transaction 
        successfully completed the prototype project provided for in 
        the transaction;
            (3) the number of units provided for in the follow-on 
        production agreement does not exceed the number of units 
        specified in the prototype other transaction for such potential 
follow-on production agreement; and
            (4) the prices established in the follow-on production 
        agreement do not exceed target prices specified in the 
        prototype other transaction for such a potential follow-on 
        production agreement.
    (e) Protection of Certain Information From Disclosure.--
            (1) Disclosure of information described in paragraph (2) is 
        not required, and may not be compelled, under section 552 of 
        title 5, United States Code, for five years after the date on 
        which the information is received by the Department of Defense.
            (2)(A) Paragraph (1) applies to information described in 
        paragraph (B) that is in the records of the Department of 
        Defense if the information was submitted to the Department in a 
        competitive or noncompetitive process having the potential for 
        resulting in an award, to the party submitting the information, 
        of a cooperative agreement for performance of basic, applied, 
        or advanced research authorized by section 2358 of this title 
        or another transaction authorized by subsection (a).
            (B) The information referred to in subparagraph (A) is the 
        following:
                    (i) A proposal, proposal abstract, and supporting 
                documents.
                    (ii) A business plan submitted on a confidential 
                basis.
                    (iii) Technical information submitted on a 
                confidential basis.
    (f) Period of Authority.--The authority to conduct a pilot program 
under this section shall terminate on September 30, 2010. The 
termination of the authority shall not affect the validity of continued 
performance on agreements that are awarded or modified during the 
period of the pilot program.

SEC. 824. CHARGING OF FEES FOR LOGISTICS DATA.

    (a) In General.--Chapter 141 of title 10, United States Code, is 
amended by inserting after section 2410m the following new section:
``Sec. 2410n. Charging of fees for logistics data
    ``The Secretary of Defense may establish fees, at a level 
sufficient to recover costs, for materials provided by the Defense 
Logistics Information Services to the public, state and local 
governments and federal entities from the Federal Logistics Information 
System.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following item:

``2410n. Charging of fees for logistics data.''.

SEC. 825. SALE AND EXCHANGE OF MISSILE PROPELLANTS AND ELECTRICITY.

    (a) In General.--Section 2404 of title 10, United States Code, is 
amended--
            (1) by striking ``fuel'' each place it appears and 
        inserting ``energy'';
            (2) in subsection (d), by striking ``of the Department of 
        Defense'';
            (3) in subsection (e), by striking ``such blends'' and 
        inserting ``such blends, and additives thereto'';
            (4) by redesignating subsection (f) as subsection (g); and
            (5) by inserting after subsection (e) the following new 
        subsection (f):
    ``(f) Missile Propellant Defined.--In this section, the term 
`missile propellant' means the chemical product which is utilized as an 
energy, oxidizer, catalyst or inert additive in the engines of rockets 
and missiles or used in high energy lasers.''; and
            (6) in subsection (g), as redesignated by paragraph (4), by 
        adding at the end the following new paragraphs:
            ``(5) Missile propellant.
            ``(6) Electricity.''.
    (b) Clerical Amendments.--(1) The heading of such section is 
amended to read as follows:
``Sec. 2404. Energy acquisitions, exchanges and waivers''.
    (2) The table of sections at the beginning of chapter 141 of such 
title is amended by striking the item relating to section 2404 and 
inserting the following new item:

``2404. Energy acquisitions, exchanges and waivers.''.

SEC. 826. ELIMINATION OF SOLICITATION ISSUANCE DELAY.

    (a) Elimination of the Small Business Act 15-Day Contract Award 
Delay.--Paragraph (3) of section 8(e) of the Small Business Act (15 
U.S.C. 637(e)(3)) is amended by adding at the end the following new 
subparagraphs:
    ``(C) Notwithstanding subparagraphs (A) and (B), the 15-day wait 
period may be eliminated when--
            ``(i) the notice required by paragraph (1)(A) and the 
        solicitation are issued simultaneously;
            ``(ii) five days are added to the period specified in 
        subparagraph (B) for submission of bids or proposed offers;
            ``(iii) the acquisition does not involve the bundling of 
        contracts as that term is defined in section 3(o) of the Small 
        Business Act (15 U.S.C. 632(o)); and
            ``(iv) the acquisition does not exceed $7,000,000.
    ``(D) Subparagraph (C) shall not be used if the head of an agency 
determines its use is inconsistent with any international agreement to 
which the United States is a party.''.
    (b) Elimination of the Office of Federal Procurement Policy Act 15-
Day Solicitation Issuance Delay.--Section 18(a) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 416(a)) is amended by adding 
at the end the following new paragraph:
    ``(8)(A) Notwithstanding paragraph (3)(A), the 15-day wait period 
may be eliminated when--
            ``(i) the notice required by paragraph (1)(A) and the 
        solicitation are issued -simultaneously;
            ``(ii) five days are added to the period specified in 
        paragraph (3)(B) for submission of bids or proposals;
            ``(iii) the acquisition does not involve the bundling of 
        contracts as that term is defined in section 3(o) of the Small 
        Business Act (15 U.S.C. 632(o)); and
            ``(iv) the acquisition does not exceed $7,000,000.
    ``(B) Subparagraph (A) shall not be used if the head of an agency 
determines its use is inconsistent with any international agreement to 
which the United States is a party.''.

SEC. 827. PILOT PROGRAM TO CONTRACT WITH LOCAL GOVERNMENTS FOR 
              SERVICES.

    (a) Acquisition Authority.--Subject to the provisions of chapter 
146 of title 10, United States Code, but notwithstanding any other 
provision of law related to the award of public contracts, the 
Secretary of a military department may enter into a contract or other 
agreement for the provision of local governmental services at an 
installation of the Department of Defense with the local governmental 
entity responsible in accordance with state law for serving the area 
that includes the installation or facility. The Secretary may enter 
into such a contract or agreement without utilizing competitive 
procedures and without regard to whether the local governmental entity 
to which the Secretary makes award is required by law to provide those 
services to the public without direct charge: provided, however, that 
such law does not require the provision of those services to federal 
facilities without charge.
    (b) Limitations.--The authority provided in subsection (a) may be 
used at no more than two installations in each military department and 
may not be applied after September 30, 2010.
    (c) Definitions.--In this section, the term ``local governmental 
services'' means refuse collection and disposal, libraries, recreation, 
facility repair and maintenance, and utilities.

SEC. 828. PROCUREMENT OF BALL AND ROLLER BEARINGS.

    (a) Limitation.--Paragraph (5) of subsection (a) of section 2534 of 
title 10, United States Code, is amended to read as follows:
    ``(5) Ball bearings and roller bearings.--Ball bearings and roller 
bearings or bearing components, except ball bearings and roller 
bearings being procured for use in an end product manufactured by a 
manufacturer that does not satisfy the requirements of subsection (b) 
or in a component part manufactured by such a manufacturer. `Bearing 
components' means the bearing element, retainer, inner race, or outer 
race.''.
    (b) Inapplicability to Certain Contracts.--Paragraph (2) of 
subsection (j) of such section is amended to read as follows:
    ``(2) This section does not apply with respect to a contract or 
subcontract to purchase items described in subsection (a)(5) if such 
contract or subcontract is for the acquisition of commercial items, 
unless commercial ball and roller bearings are being acquired as end 
items.''.

SEC. 829. INCREASED THRESHOLD FOR AWARDING CONTRACTS UNDER OTHER THAN 
              COMPETITIVE PROCEDURES.

    Section 2304(f)(1)(B) of title 10, United States Code, is amended--
            (1) in clause (ii), by striking ``$50,000,000'' and 
        inserting ``75,000,000''; and
            (2) in clause (iii), by striking ``$50,000,000'' and 
        inserting ``$75,000,000''.

SEC. 830. INCREASED THRESHOLD FOR REQUIRING CONTRACTORS TO PROVIDE 
              SPECIFIED EMPLOYEE INFORMATION TO COOPERATIVE AGREEMENT 
              HOLDERS.

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

SEC. 831. LIMITATION ON TASK AND DELIVERY ORDER CONTRACTS.

    Subsection 2304a(f) of title 10, United States Code, is amended to 
read as follows:
    ``(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 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. In 
no event, however, may the total contract period as extended exceed ten 
years.''.

SEC. 832. OBLIGATION OF PERFORMANCE BOND SURETY UPON DEFAULT OF 
              CONTRACTOR.

    (a) Obligation of Performance Bond Surety.--Section 3131 of title 
40, United States Code, is amended by adding at the end the following 
new subsection:
    ``(f) Obligation of Performance Bond Surety Upon Default of 
Contractor.--Upon notice of contractor default and demand upon the 
performance bond by the United States, and notwithstanding any remedies 
the United States may have against the defaulting contractor, the 
performance bond surety shall enter a takeover agreement with the 
United States for completion of the defaulted work or remit to the 
United States funds not in excess of the penal sum of the bond to fund 
a separate completion contract or satisfy any other liability it has 
under the performance bond. In the event the performance bond surety 
disputes the basis of contractor default, and after satisfying its 
obligations to the United States under the performance bond, the 
performance bond surety's sole remedy shall be by claim for money 
damages to the extent it has standing pursuant to the Contract Disputes 
Act (41 U.S.C. 601, et seq.), or is otherwise subrogated to the rights 
of the defaulted contractor.''.
    (b) Revocation of Authority of Performance Bond Surety.--Paragraph 
(1) of section 9305(d) of title 31, United States Code, is amended by 
striking ``or section 9304 or 9306 of this title'' and inserting ``, 
section 9304 or 9306 of this title, or section 3131 of title 40''.

       Subtitle C--Acquisition-Related Reports and Other Matters

SEC. 841. STREAMLINING REAL PROPERTY TRANSACTIONS.

    (a) Section 2662 of title 10, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) General Notice and Wait Requirements.--The Secretary 
concerned shall provide a report of the facts concerning the proposed 
transaction to the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representatives if the 
estimated price, annual rental, or value exceeds the unspecified minor 
military construction ceiling in section 2805(a)(1) of this title. Such 
transactions are--
            ``(1) An acquisition of fee title to any real property,
            ``(2) A lease of any real property to the United States,
            ``(3) A lease or license of real property owned by the 
        United States,
            ``(4) A transfer of real property owned by the United 
        States to another Federal agency or another military department 
        or to a State,
            ``(5) A report of excess real property owned by the United 
        States to a disposal agency, or
            ``(6) Any termination or modification by either the grantor 
        or grantee of an existing license or permit to a military 
        department of real property owned by the United States, under 
        which substantial investments have been or are proposed to be 
        made in connection with the use of the property by the military 
        department.''.
            (2) in subsection (b), by striking ``$750,000'' and 
        inserting ``the unspecified minor military construction project 
        ceiling in section 2805(a)(1) of this title''; and
            (3) in subsection (e), by striking ``$750,000'' and 
        inserting ``the unspecified minor military construction project 
        ceiling in section 2805(a)(1) of this title''.
    (b) Section 2672 of title 10, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``(1) The'' and inserting 
                        ``The'';
                            (ii) by redesignating subparagraphs (A) and 
                        (B) as paragraphs (1) and (2); and
                            (iii) in paragraph (2), as redesignated, by 
                        striking ``$750,000'' and inserting ``the 
                        unspecified minor military construction project 
                        ceiling in section 2805(a)(1) of this title''; 
                        and
                    (B) by striking paragraph (2); and
            (2) in subsection (b), by striking ``$750,000'' and 
        everything that follows through the period at the end of the 
        sentence and inserting ``the unspecified minor military 
        construction project ceiling in section 2805(a)(1) of this 
        title''.

SEC. 842. REPEAL OF ANNUAL REPORTING REQUIREMENT CONCERNING --
              MANAGEMENT OF DEPOT EMPLOYEES.

    Section 2472 of title 10, United States Code, is amended--
            (1) by striking ``(a) Prohibition on Management by End 
        Strength.--''; and
            (2) by striking subsection (b).

SEC. 843. SIMPLIFICATION OF ANNUAL REPORTING REQUIREMENTS CONCERNING 
              FUNDS EXPENDED FOR DEPOT MAINTENANCE AND REPAIR 
              WORKLOADS.

    Section 2466(d) of title 10, United States Code, is amended to read 
as follows:
    ``(d) Annual Reports.--(1) Not later than April 1 of each year, the 
Secretary of Defense shall submit to Congress a report identifying, for 
each of the military departments 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 and the next fiscal years for performance of depot-level 
maintenance and repair workloads by the public and private sectors, as 
required by this section.
    ``(2) Not later than 60 days after the date on which the Secretary 
submits a report under this subsection, the Comptroller General shall 
submit to Congress the Comptroller General's views on whether the 
Department of Defense has complied with the requirements of subsection 
(a) for the preceding fiscal year covered by the report and that the 
expenditure projections for the current and next fiscal years are 
reasonable.''.

SEC. 844. SMALL BUSINESS PROGRAMS: CHANGE OF OFFICE TITLE.

    Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is 
amended--
            (1) by amending the heading to read as follows:
    ``(k) Office of Small Business Programs; Director'';
        and
            (2) by striking ``and Disadvantaged Business Utilization'' 
        each place it appears and inserting ``Business Programs''.

SEC. 845. PROVISIONS RELATING TO REAL PROPERTY.

    (a) In General.--(1) 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 
acquisition of land or interests in land under section 2672 of this 
title and for the acquisition of interests in land under section 2675 
of this title.''.
    (2) Section 2679 of such title is amended--
            (A) by striking the title and inserting the following:
``Sec. 2679. Use of facilities by private organizations or as polling 
              places'';
            (B) by redesignating subsections (a), (b), (c), and (d) as 
        paragraphs (1), (2), (3), and (4), respectively;
            (C) by inserting before paragraph (1), as redesignated, the 
        following:
    ``(a) Use of Space and Equipment by Veterans' Organizations.--''; 
and
            (D) by adding at the end the following new subsections:
    ``(b) Licenses to American National Red Cross for Erection and Use 
of Buildings.--Under such conditions as he may prescribe, the Secretary 
concerned may issue a revocable license to the American National Red 
Cross to--
            ``(1) erect and maintain, on any military installation 
        under the Secretary's jurisdiction, buildings for the storage 
        of supplies; or
            ``(2) use, for the storage of supplies, buildings erected 
        by the United States.
``Supplies stored in buildings erected or used under this section 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 the Secretary as an official polling place 
for local, State, or Federal 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 with respect to a particular Department of Defense facility 
if the Secretary determines that local security conditions require 
prohibition of the designation or use of that facility as an official 
polling place for any election.''.
    (3) Section 2664 of such title is repealed.
    (4) Sections 2666, 2670, and 2673 of such title are repealed.
    (b) Clerical Amendments.--The table of sections for chapter 159 of 
such title is amended--
            (1) by striking the items relating to sections 2664, 2666, 
        2670, and 2673; and
            (2) by striking the item relating to section 2679 and 
        inserting the following:

``2679. Use of facilities by private organizations or as polling 
                            places.''.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

   Subtitle A--Duties and Functions of Department of Defense Officers

SEC. 901. TRANSFER OF RESPONSIBILITY FOR THE ASSEMBLED CHEMICAL WEAPONS 
              ALTERNATIVES PROGRAM.

    Section 142(a) 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:
    ``(a) Program Management.--Oversight of the Assembled Chemical 
Weapons Alternatives program shall be transferred from the Under 
Secretary of Defense for Acquisition, Technology and Logistics to the 
Secretary of the Army not later than January 1, 2005. Upon transfer of 
oversight, the program may be managed as part of the Department of the 
Army management organization specified in 50 U.S.C. 1521(e). The Army 
shall continue to implement fully the alternative technologies 
previously selected for the destruction of lethal chemical munitions at 
Pueblo Chemical Depot, Colorado, and Blue Grass Army Depot, Kentucky by 
the Under Secretary of Defense for Acquisition, Technology and 
Logistics.''.

SEC. 902. EXPANDED ELIGIBILITY TO SERVE AS THE DEPUTY CHIEF OF NAVAL 
              OPERATIONS AND ASSISTANT CHIEF 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. 903. REPEAL OF REQUIRED PERIODIC INSPECTOR GENERAL AUDITS OF 
              UNDEFINITIZED CONTRACTUAL ACTIONS.

    Section 908 of the Defense Acquisition Improvement Act of 1986 (as 
contained in section 101(c) of Public Law 99-500 and identically 
enacted in section 101(c) [title X] of Public Law 99-591 and title IX 
of division A of Public Law 99-661) (10 U.S.C. 2326 note) is amended by 
striking subsection (b).

SEC. 904. REPEAL OF MANDATORY INSPECTOR GENERAL REVIEW OF ADVISORY AND 
              ASSISTANCE SERVICES CONTRACT WAIVERS.

    Section 2399(e)(2) of title 10, United States Code, is amended by 
striking ``The Inspector General of the Department of Defense shall 
review each such waiver and shall include in the Inspector General's 
semi-annual report an assessment of those waivers made since the last 
such report.''.

SEC. 905. CHAIN OF SUCCESSION FOR THE CHIEF, NATIONAL GUARD BUREAU.

    (a) Designation of Senior Officer in National Guard Bureau.--
Section 10502 of title 10, United States Code, is amended by adding at 
the end the following new subsection:
    ``(e) Succession.--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 is unable 
to perform his duties, the more senior officer of either the Army 
National Guard of the United States or the Air National Guard of the 
United States on duty with the National Guard Bureau shall serve as the 
acting Chief until a successor is appointed or the Chief once again is 
able to perform his duties.''.
    (b) Clerical Amendments.--(1) The heading of such section is 
amended by adding at the end the following: ``; succession''.
    (2) The item relating to such section in the table of sections at 
the beginning of chapter 1011 of such title is amended by inserting 
before the period at the end the following: ``; succession''.
    (c) Repealer.--Subsections (d) and (e) of section 10505 of such 
title are repealed.

                          Subtitle B--Reports

SEC. 911. REPEAL OF QUARTERLY REPORTING REQUIREMENT CONCERNING PAYMENTS 
              FOR DISTRICT OF COLUMBIA WATER AND SEWER SERVICES.

    (a) Water and Water Service Supplied for the Use of the Government 
of the United States.--Section 106(b) 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 by striking paragraph (5).
    (b) Sanitary Sewer Service Charges for United States Government.--
Section 212(b) 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 by striking paragraph (5).

SEC. 912. REPEAL OF REPORTING REQUIREMENT CONCERNING THE COOPERATIVE 
              THREAT REDUCTION PROGRAM.

    Section 1307 of the National Defense Authorization Act for Fiscal 
Year 1999 (Public Law 105-261; 112 Stat. 2165), is repealed.

SEC. 913. REPEAL OF ANNUAL REPORTING REQUIREMENT CONCERNING --THREAT 
              POSED BY WEAPONS OF MASS DESTRUCTION, BALLISTIC -
              MISSILES, AND CRUISE MISSILES.

    Section 234 of the National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105-85; 111 Stat. 1664; 50 U.S.C. 2367), is 
repealed.

                       Subtitle C--Other Matters

SEC. 921. MANPOWER AND BUDGET ISSUES IN THE DEFENSE PRISONER OF WAR/
              MISSING PERSONNEL OFFICE.

    Section 1501(a)(5) of title 10, United States Code, is amended by 
striking subparagraph (C).

SEC. 922. THREE-YEAR 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, 2008''; and
                    (B) in paragraph (2), by striking ``September 30, 
                2008'' and inserting ``September -30, 2011''; and
            (2) in subsection (l)(3), by striking ``2007'' and 
        inserting ``2010''.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

SEC. 1001. REPEAL OF REQUIREMENT FOR SEPARATE BUDGET REQUEST FOR 
              PROCUREMENT OF RESERVE EQUIPMENT.

    Section 114(e) of title 10, United States Code, is repealed.

SEC. 1002. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDGET CYCLE FOR THE 
              DEPARTMENT OF DEFENSE.

    Section 1405 of the Department of Defense Authorization Act, 1986 
(31 U.S.C. 1105 note) is repealed.

SEC. 1003. EXTENSION OF AUTHORITY TO PROVIDE WAR RISK INSURANCE FOR 
              MERCHANT MARINE VESSELS.

    (a) Section 1294 of title 46, United States Code, is amended by 
striking ``June 30, 2005'' and inserting ``December 31, 2010''.
    (b) Section 1288(a) of title 46, United States Code, Appendix, is 
amended by striking ``Upon the request of the Secretary of 
Transportation, the Secretary of the Treasury may invest or reinvest 
all or any part of the fund in securities of the United States or in 
securities guaranteed as to principal and interest by the United 
States.'' and inserting ``The Secretary of Transportation may request 
the Secretary of the Treasury to invest such portion of the Fund as is 
not, in the judgment of the Secretary of Transportation, required to 
meet the current needs of the fund. Such investments shall be made by 
the Secretary of the Treasury in public debt securities of the United 
States, with maturities suitable to the needs of the fund, and bearing 
interest rates determined by the Secretary of the Treasury, taking into 
consideration current market yields on outstanding marketable 
obligations of the United States of comparable maturity.''.

SEC. 1004. CAPTURE OF ALL EXPIRED FUNDS FROM THE MILITARY PERSONNEL AND 
              OPERATION AND MAINTENANCE APPROPRIATIONS ACCOUNTS FOR USE 
              IN THE FOREIGN CURRENCY FLUCTUATIONS ACCOUNT.

    Section 2779 of title 10, United States Code, is amended--
            (1) in subsection (a)(2), by striking ``second fiscal 
        year'' and inserting ``fifth fiscal year''; and
            (2) in subsection (d)(2), by striking ``second fiscal 
        year'' and inserting ``fifth fiscal year''.

SEC. 1005. REIMBURSEMENT FOR USE OF PERSONAL CELLULAR TELEPHONES WHEN 
              USED FOR OFFICIAL GOVERNMENT BUSINESS.

    (a) In General.--(1) Chapter 134 of title 10, United States Code, 
is amended by inserting after section 2257 the following new section:
``Sec. 2258. Personal cellular telephones: reimbursement when used for 
              Government business
    ``(a) General Authority.--The Secretary of Defense may reimburse 
members of the Army, Navy, Air Force, and Marine Corp, and civilian 
officers and employees of the Department of Defense, for cellular 
telephone use on a privately owned cellular telephone when used on 
official Government business. Such reimbursement shall be on a flat-
rate basis.
    ``(b) Reimbursement Rate.--The Secretary of Defense may prescribe 
the reimbursement rate for purposes of subsection (a). That 
reimbursement rate may not exceed the equivalent Government costs of 
providing a cellular telephone to employees on official Government 
business.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
subchapter II of such chapter is amended by inserting after the item 
relating to section 2257 the following new item:

``2258. Personal cellular telephones: reimbursement when used for 
                            Government business.''.

SEC. 1006. PURCHASE OF PROMOTIONAL ITEMS OF NOMINAL VALUE FOR 
              RECRUITMENT PURPOSES.

    (a) In General.--Chapter 81 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1599e. Authority to purchase items of nominal value for 
              recruitment purposes
    ``The Secretary of Defense may purchase promotional items of 
nominal value for use in the recruitment of individuals for employment 
under this chapter. The Secretary shall prescribe guidelines for the 
administration of the preceding sentence.''.
    (b) Clerical Amendment.--The table of sections for such chapter is 
amended by adding at the end the following new item:

``1599e. Authority to purchase items of nominal value for recruitment 
                            purposes.''.

SEC. 1007. MICROCLAIM WAIVER AUTHORITY.

    (a) In General.--Chapter 131 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2229. General Waiver Authority
    ``(a) Pursuant to regulations published by the Secretary of 
Defense, the Secretary or his designees may waive indebtedness owed to 
United States Government and arising out of the activities of, or 
referred to, the Department of Defense, and not referred to another 
executive or legislative agency for further collection action, when, 
based on a cost benefit analysis, the costs of collection are expected 
to exceed the amounts recoverable.
    ``(b) The authority pursuant to this section may be delegated to 
the lowest level to ensure costs of processing waivers do not exceed 
costs of processing collections. Exercise of this waiver authority for 
amounts in excess of the micropurchase threshold amount is not 
authorized.
    ``(c) Waivers under subsection (a) may be applied to indebtedness 
owed by military and civilian personnel, fees for jury duty, or similar 
items where application of the waiver authority would be more 
economical to the Government than processing the action to completion. 
Application of the waiver to any transaction is at the sole discretion 
of the Secretary or designee and may not be reviewed in a court of law.
    ``(d) Nothing in this section requires the exercise of the waiver 
authority and no rights are conferred hereby on any third party.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``2229. Microclaim waiver authority.''.

                Subtitle B--Naval Vessels and Shipyards

SEC. 1011. EXCHANGE AND SALE OF OBSOLETE NAVY SERVICE CRAFT AND BOATS.

    (a) In General.--Subsection (d) of section 7305 of title 10, United 
States Code, is amended to read as follows:
    ``(d) Exchange or Sale of Similar Items.--(1) Notwithstanding any 
other provision of law, the Secretary and his designees, in acquiring 
similar personal property pursuant to section 503 of title 40, may, 
under regulations to be prescribed by the Secretary--
            ``(A) exchange or sell obsolete Navy service craft and 
        boats, and
            ``(B) retain from the proceeds of the sale of such personal 
        property amounts necessary to recover, to the extent 
        practicable, the full costs, direct and indirect, incurred by 
        the Navy in preparing such property for exchange or sale, 
        including the costs for towing, storage, defueling, removal and 
        disposal of hazardous wastes, environmental surveys to 
        determine the presence of regulated polychlorinated biphenyl 
        (PCB) containing materials, and if found, the removal and 
        disposal of regulated PCB-containing materials, and other 
        related costs.
``The Secretary or his designees may use such retained proceeds in 
whole or in part payment for the preparation of additional obsolete 
Navy service craft and boats for future sale or exchange under this 
authority.
    ``(2) Such amounts shall be deposited into an account that shall be 
available for such costs without regard to fiscal year limitations. 
Amounts that are not needed to pay such costs shall be transferred at 
least annually to the general fund or to a specific account in the 
Treasury as otherwise authorized by law.
    ``(3) Section 3709 of the Revised Statutes does not apply to sales 
of property pursuant to this subsection.''.

SEC. 1012. AWARD 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 awarded on net cost basis
    ``(a) Authorization.--Notwithstanding any other provision of law, 
the Secretary of the Navy may award on a net cost basis contracts for 
the dismantling of ships stricken from the Naval Vessel Register. In 
exercising 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 
of the procurement.
    ``(b) 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.
    ``(c) Definitions.--For purposes of this section:
            ``(1) The term `scrap' means personal property that has no 
        value except for its basic material content.
            ``(2) The term `net cost basis' means the differential 
        between the gross cost of performance of the contract less the 
        offeror's estimate of the value under the contract of scrap and 
        reusable items that the contractor will remove from the vessel 
        during performance of the contract.
            ``(3) The term `reusable items' means any demilitarized 
        components or removable portions of the ship or equipment that 
        the Navy has identified as excess to its needs but which have 
        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 awarded on net cost basis.''.

                  Subtitle C--Counter-Drug Activities

SEC. 1021. USE OF TWO-YEAR EXTENSION OF COUNTERDRUG FUNDS FOR 
              COUNTERTERRORISM IN COLOMBIA.

    (a) Authority.--In fiscal years 2005 and 2006, the Secretary of 
Defense may use funds available for drug interdiction and counterdrug 
activities to provide assistance to the Government of Colombia to 
support a unified campaign against narcotics trafficking and 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). This 
includes authority to take actions to protect human health and welfare 
in emergency circumstances, including rescue operations for any United 
States citizen, to include United States armed forces personnel, United 
States civilian employees, and civilian contractors employed by the 
United States.
    (b) Relationship to Existing Authority.--The authority in this 
section is in addition to authorities currently available to provide 
assistance to Colombia.

           Subtitle D--Other Department of Defense Provisions

SEC. 1031. CONTROL AND SUPERVISION OF TRANSPORTATION WITHIN THE --
              DEPARTMENT OF DEFENSE.

    (a) In General.--Title 10, United States Code, is amended as 
follows:
            (1) Section 4744 is amended--
                    (A) by redesignating section 4744 as section 2648;
                    (B) in the first sentence, by striking ``the Army'' 
                and inserting ``Defense''; and
                    (C) in the first paragraph, by striking ``Army 
                transport agencies or, within bulk space allocations 
                made to the Department of the Army, on vessels operated 
                by any military transport agency of''.
            (2) Section 4745 is amended--
                    (A) by redesignating section 4745 as section 2649;
                    (B) in paragraph (a)--
                            (i) by striking ``(1) on vessels operated 
                        by Army transport agencies, or (2) within bulk 
                        space allocations made to the Department of the 
                        Army'';
                            (ii) by striking ``any transport agency 
                        of''; and
                    (C) by striking ``the Army and the Secretary of 
                Transportation'' and --inserting ``Defense''.
            (3) Section 4747 is amended--
                    (A) by redesignating section 4747 as section 2650;
                    (B) by striking ``Army transport agencies or, 
                within bulk space allocations made to the Department of 
                the Army, on vessels operated by any transport agency 
                of''; and
                    (C) by striking ``the Army'' and inserting 
                ``Defense''.
            (4) Section 4741 is repealed.
            (5) Section 4743 is repealed.
            (6) Section 4746 is repealed.
            (7) Section 9741 is repealed.
            (8) Section 9743 is repealed.
            (9) Section 9746 of title 10, United States Code, is 
        amended--
                    (A) by redesignating section 9746 as section 2651;
                    (B) by inserting ``vessels or'' after ``transported 
                on'';
                    (C) by striking ``Air Force transport agencies or, 
                within bulk space -allocations made by the Department 
                of the Air Force, on vessels or airplanes operated by 
                any military transport agency of'';
                    (D) in paragraph (1), by striking ``the Air Force'' 
                and inserting ``Defense''; and
                    (E) in paragraph (4)--
                            (i) by striking subparagraph (A); and
                            (ii) by redesignating subparagraph (B) as 
                        subparagraph (A).
    (b) Clerical Amendments.--
            (1)(A) The table of sections at the beginning of chapter 
        447 of such title is amended by striking the item relating to 
        section 4744.
            (B) The table of sections at the beginning of chapter 157 
        of such title is amended by adding at the end the following new 
        item:

``2647. Persons and supplies: sea transportation.''.
            (2)(A) The table of sections at the beginning of chapter 
        447 of such title is amended by striking the item relating to 
        section 4745.
            (B) The table of sections at the beginning of chapter 157 
        of such title is amended by adding at the end the following new 
        item:

``2648. Civilian passengers and commercial cargoes: transports in 
                            trans-Atlantic service.''.
            (3)(A) The table of sections at the beginning of chapter 
        447 of such title is amended by striking the item relating to 
        section 4747.
            (B) The table of sections at the beginning of chapter 157 
        of such title is amended by adding at the end the following new 
        item:

``2648. Passengers and merchandise to Guam: sea transport.''.
            (4) The table of sections at the beginning of chapter 447 
        of such title is amended by striking the item relating to 
        section 4741.
            (5) The table of sections at the beginning of chapter 447 
        of such title is amended by striking the item relating to 
        section 4743.
            (6) The table of sections at the beginning of chapter 447 
        of such title is amended by striking the item relating to 
        section 4746.
            (7) The table of sections at the beginning of chapter 947 
        of such title is amended by striking the item relating to 
        section 9741.
            (8)(A) The table of sections at the beginning of chapter 
        447 of such title is amended by striking the item pertaining to 
        section 4746; and
            (B) The table of sections at the beginning of chapter 157 
        of such title is amended by adding at the end the following new 
        item:

``2651. Civilian personnel in Alaska.''.-

                       Subtitle E--Other Matters

SEC. 1041. REPEAL OF PROHIBITION ON CONTRACTS FOR PERFORMANCE OF 
              SECURITY-GUARD FUNCTIONS.

    Section 2465 of title 10, United States Code, is amended--
            (1) by striking ``or security-guard'' in the section 
        heading; and
            (2) in subsection (a), by striking ``or security guard''.

SEC. 1042. ESTABLISHMENT OF AUXILIARIES WITHIN THE MILITARY 
              DEPARTMENTS.

    (a) In General.--Part IV of subtitle A of title 10, United States 
Code, is amended by inserting after chapter 172 the following new 
chapter:

                       ``CHAPTER 173--AUXILIARIES

``Sec.
``2921. Administration of auxiliaries.
``2922. Purpose of an auxiliary.
``2923. Eligibility, enrollments.
``2924. Members of the auxiliary; status.
``2925. Disenrollment.
``2926. Membership in other organizations.
``2927. Use of member's equipment and facilities.
``2928. Availability of appropriations.
``2929. Assignment and performance of duties.
``2930. Injury or death in line of duty.
``2931. Limitation on liability.
``Sec. 2921. Administration of auxiliaries
    ``(a) An auxiliary of a military department is a nonmilitary 
organization administered by the Secretary concerned. For command, 
control, and administrative purposes, the auxiliary shall include such 
organizational elements and units as are approved by the Secretary, 
which may include a national board and staff (to be known as the 
`auxiliary headquarters unit'), districts, regions, divisions, and 
other organizational elements and units. The auxiliary organization and 
its officers shall have such rights, privileges, powers, and duties as 
may be granted to them by the Secretary, consistent with this title and 
other applicable provisions of law. The Secretary may designate the 
authority and responsibilities of the officers of the auxiliary that 
the Secretary considers necessary or appropriate for the functioning, 
organization, and internal administration of the auxiliary.
    ``(b) The national board of an auxiliary, and any auxiliary 
district or region, may form a corporation under State law in 
accordance with policies established by the Secretary.
``Sec. 2922. Purpose of an auxiliary
    ``The purpose of an auxiliary is to assist the military department 
under which it is established, as authorized by the Secretary 
concerned, in performing any non-combat function, power, duty, role, 
mission, or operation authorized by law for that military department.
``Sec. 2923. Eligibility, enrollments
    ``An auxiliary shall be composed of citizens of the United States, 
who by reason of their special training or experience are deemed by the 
Secretary concerned to be qualified for duties and functions of the 
auxiliary, and who may be enrolled therein pursuant to regulations 
established by the Secretary.
``Sec. 2924. Members of the auxiliary; status
    ``(a) Except as otherwise provided in this chapter, a member of an 
auxiliary shall not be considered a Federal employee.
    ``(b) A member of an auxiliary, while performing duty, shall be 
considered to be a Federal employee for the purposes of the provisions 
of law relating to--
            ``(1) ethics, conflicts of interest, corruption, and any 
        other criminal or civil statutes and regulations governing the 
        conduct of Federal employees;
            ``(2) compensation for work injuries under chapter 81 of 
        title 5; and
            ``(3) resolution of claims relating to damage to or loss of 
        personal property of the member incident to service under 
        section 3721 of title 31.
    ``(c) A member of the auxiliary, while assigned to duty, shall be 
deemed to be a person acting under an officer of the United States or 
an agency thereof for purposes of section 1442(a)(1) of title 28.
    ``(d) A member of the auxiliary, while assigned to duty, shall be 
deemed to be a member of a uniformed service for purposes of sections 
2928 and 2930 of this title.
``Sec. 2925. Disenrollment
    ``Members of an auxiliary may be disenrolled pursuant to applicable 
regulations established by the Secretary concerned.
``Sec. 2926. Membership in other organizations
    ``Members of an auxiliary may be appointed or enlisted in a Reserve 
component, pursuant to applicable regulations. Membership in the 
auxiliary shall not bar membership in any other naval or military 
organization.
``Sec. 2927. Use of member's equipment and facilities
    ``At no cost to the government, the Secretary concerned may utilize 
for any purpose incident to carrying out his department's functions and 
duties, equipment or facilities placed at his department's disposition 
for any such purpose by any member of the auxiliary while performing 
duties or missions assigned by the Secretary.
``Sec. 2928. Availability of appropriations
    ``Appropriations authorized for operation and maintenance of a 
military department may be used to pay actual necessary traveling 
expenses and subsistence, or commutation of ration allowance in lieu of 
subsistence, of members of the auxiliary assigned to authorized duties, 
but shall not be available for the payment of compensation for personal 
services, incident to such operation, other than to personnel of the 
military department.
``Sec. 2929. Assignment and performance of duties
    ``No member of an auxiliary, solely by reason of such membership, 
shall be vested with, or exercise, any right, privilege, power, or duty 
vested in or imposed upon the personnel of the military department 
concerned, except that any such member may, under applicable 
regulations, be assigned duties which, after appropriate training and 
examination, he has been found competent to perform, to effectuate the 
purposes of the auxiliary. No member of the auxiliary shall be placed 
in charge of an activity or organization assigned to the military 
department unless he has been designated specifically by authority of 
the Secretary concerned to perform such duty. Members of the auxiliary, 
when assigned to duties as herein authorized, shall, unless otherwise 
limited by the Secretary concerned, be vested with the same power and 
authority in the execution of such duties as members of the regular or 
Reserve components of that military department assigned to similar 
duty. When any member of the auxiliary is assigned to such duty, he 
may, pursuant to regulations issued by the Secretary, be paid actual 
necessary traveling expenses, including a per diem allowance in 
conformity with standardized Government travel regulations in lieu of 
subsistence, while traveling and while on duty away from his home. No 
per diem shall be paid for any period during which quarters and 
subsistence in kind are furnished by the Government. No member of an 
auxiliary, while performing auxiliary duty, shall exercise command.
``Sec. 2930. Injury or death in line of duty
    ``(a) If a member of an auxiliary is physically injured, or dies as 
a result of physical injury, and the injury is incurred while 
performing any duty to which he has been assigned pursuant to this 
chapter, the law authorizing compensation for employees of the United 
States suffering injuries while in the performance of their duties, 
applies, subject to this section. That law shall be administered by the 
Secretary of Labor to the same extent as if the member was a civil 
employee of the United States and was injured in the performance of 
that duty. For benefit computation, regardless of pay or pay status, 
the member is considered to have had monthly pay of the monthly 
equivalent of the minimum rate of basic pay in effect for grade GS-9 of 
the General Schedule on the date the injury is incurred.
    ``(b) This section does not apply if a worker's compensation law 
provides coverage because of a concurrent employment status of the 
member. When the member or a dependent is entitled to a benefit under 
this section and also to a concurrent benefit from the United States on 
account of the same disability or death, the member or dependent, as 
appropriate, shall elect which benefit to receive.
    ``(c) If a claim is filed under this section with the Secretary of 
Labor for benefits because of an alleged injury or death, the Secretary 
of Labor shall notify the Secretary concerned who shall direct an 
investigation into the facts surrounding the alleged injury or death. 
The Secretary then shall certify to the Secretary of Labor whether or 
not the injured or deceased person was a member of an auxiliary, the 
person's military status, and whether or not the injury or death was 
incurred incident to military service.
    ``(d) A member of an auxiliary who incurs a physical disability or 
contracts sickness or disease while performing a duty to which the 
member has been assigned pursuant to this chapter is entitled to the 
same hospital treatment afforded a member of the Reserves of the armed 
forces while serving on active duty.
    ``(e) In administering section 8133 of title 5, for a person 
covered by this section--
            ``(1) the percentages applicable to payments under that 
        section are--
                    ``(A) 45 percent under subsection (a)(2) of that 
                section, where the member died fully or currently 
                insured under title II of the Social Security Act (42 
                U.S.C. 401 et seq.), with no additional payments for a 
                child or children so long as the widow or widower 
                remains eligible for payments under that subsection;
                    ``(B) 20 percent under subsection (a)(3) of that 
                section, for one child, and 10 percent additional for 
                each additional child, not to exceed a total of 75 
                percent, where the member died fully or currently 
                insured under title II of the Social Security Act; and
                    ``(C) 25 percent under subsection (a)(4) of that 
                section, if one parent was wholly dependent for support 
                upon the deceased member at the time of the member's 
                death and the other was not dependent to any extent; 16 
                percent to each if both were wholly dependent; and if 
                one was, or both were, partly dependent, a 
                proportionate amount in the discretion of the Secretary 
                of Labor;
            ``(2) payments may not be made under subsection (a)(5) of 
        that section; and
            ``(3) the Secretary of Labor shall inform the Commissioner 
        of Social Security whenever a claim is filed and eligibility 
        for compensation is established under section 8133(a)(2) and 
        (3) of title 5. The Commissioner of Social Security then shall 
        certify to the Secretary of Labor whether or not the member 
        concerned was fully or currently insured under title II of the 
        Social Security Act at the time of the member's death.
``Sec. 2931. Limitation on liability
    ``A member of an auxiliary, while assigned to duty, shall be deemed 
a volunteer of a nonprofit organization or governmental entity for 
purposes of chapter 139 of title 42 (popularly known as the `Volunteer 
Protection Act'). Subsection (d) of section 4 of such Act (42 U.S.C. 
14503(d)) shall not apply for purposes of any claim against a member of 
an auxiliary.''.
    (b) Clerical Amendment.--The tables of chapters at the beginning of 
such subtitle and the beginning of part I of such subtitle are amended 
by inserting after the item relating to chapter 172 the following new 
item:

``173. Auxiliaries..........................................    2921''.

SEC. 1043. NATIONAL DEFENSE HERITAGE FOUNDATION.

    (a) In General.--Part IV of Subtitle A of title 10, United States 
Code is amended by adding at the end the following new chapter:--

          ``CHAPTER 173--NATIONAL DEFENSE HERITAGE FOUNDATION

``Sec.
``2905. Establishment and Purpose.
``2906. Composition and Operation.
``2907. Corporate Powers and Obligations.
``2908. Tax exemptions; contributions toward costs of local government; 
                            contributions, gifts, or transfers to or 
                            for use of United States.
``2909. Liability of United States.
``2910. Promotion of local fundraising support.
``2911. Authorization of appropriations.
``Sec. 2905. Establishment and purpose
    ``(a) Establishment.--A National Defense Heritage Foundation is 
hereby established as a charitable and nonprofit corporation for the 
purposes specified in subsection (b), and shall be organized and 
operated as a charitable foundation under title 76, section 501(c)(3), 
United States Code.
    ``(b) Purposes.--The Foundation shall encourage, accept, and 
administer private gifts of money and real and personal property or any 
income therefrom for the benefit of, or in connection with, the 
preservation, protection, and continued beneficial use of historic 
properties owned or controlled by the Department of Defense.
``Sec. 2906. Composition and operation----
    ``(a) Board of Directors.--The National Defense Heritage Foundation 
shall be governed by a Board of Directors hat shall consist of--
            ``(1) the Secretary of Defense, ex officio;
            ``(2) the Secretaries of the Military Departments, ex 
        officio;
            ``(3) the Director of the National Park Service, ex 
        officio;
            ``(4) five experts in the field of historic preservation 
        appointed by the Secretary of Defense from the disciplines of 
        architecture, history, archeology, or other appropriate -
        disciplines;
            ``(5) three at-large members from the general public 
        appointed by the Secretary of Defense; and
            ``(6) the Chairman of the Advisory Council on Historic 
        Preservation, ex officio.
    ``(b) Term of Appointment.--The initial terms of the five historic 
preservation experts and the three at-large members shall be staggered 
to assure continuity of administration. Thereafter, the term shall be 
six years, unless a successor is chosen to fill a vacancy occurring 
prior to the expiration of the term for which his predecessor was 
chosen, in which event the successor shall be chosen only for the 
remainder of that term.
    ``(c) Chairperson and Secretary.--The Secretary of Defense shall be 
the Chairman of the Board and the Director of the National Park Service 
shall be the Secretary of the Board.
    ``(d) Membership and Operation.--Except as to those Board members 
serving in their official capacities, service as a member of the Board 
shall not constitute employment by, or the holding of, an office of the 
United States for the purposes of any Federal law. A majority of the 
members of the Board serving at any one time shall constitute a quorum 
for the transaction of business, and the Foundation shall have an 
official seal, which shall be judicially noticed. The Board shall meet 
at the call of the Chairman and there shall be at least one meeting 
each year.
    ``(e) Compensation and Travel Expenses.--No compensation shall be 
paid to the members of the Board for their services as members, but 
they shall be reimbursed for actual and necessary traveling and 
subsistence expenses incurred by them in the performance of their 
duties as such members out of National Defense Heritage Foundation 
funds available to the Board for such purposes.
    ``(f) Volunteer Status.--The Secretary of Defense may accept, 
without regard to civil service classification laws, rules, or 
regulations, the services of the Foundation, the Board, and the 
officers and employees of the Board, without compensation from the 
Department of Defense, as volunteers in the performance of the 
functions authorized herein.
    ``(g) Employees.--An officer or employee of the Foundation--
            ``(1) shall not by virtue of the appointment or employment 
        of the office or employee, be considered a Federal employee for 
        any purpose; and
            ``(2) may not be paid by the Foundation a salary in excess 
        of $134,000 per year.
``Sec. 2907. Corporate powers and obligations
    ``(a) Gifts.--(1) The Foundation is authorized to accept, receive, 
solicit, hold, administer, and use any gifts, devises, or bequests, 
either absolutely or in trust, of real or personal property or any 
income therefrom or other interest therein for the benefit of or in 
connection with, the preservation, protection, and continued beneficial 
use of historic properties owned or controlled by the Department of 
Defense; provided, that the Foundation may not accept any such gift, 
devise, or bequest that entails any expenditure other than from the 
resources of the Foundation.
    ``(2) An interest in real property includes, among other things, 
easements or other rights for preservation, conservation, protection, 
or enhancement of historic properties.
    ``(3) A gift, device, or bequest may be accepted by the Foundation 
even though it is encumbered, restricted, or subject to beneficial 
interests of private persons if any current or future interest therein 
supports the purposes for which the Foundation has been established.
    ``(b) Property and Income Dealings and Transactions.--(1) Except as 
otherwise required by the instrument of transfer, the Foundation may 
sell, lease, invest, reinvest, retain, or otherwise dispose of or deal 
with any property or income thereof as the Board may from time to time 
determine.
    ``(2) The Foundation shall not engage in any business, nor shall 
the Foundation make any investment that may not lawfully be made by a 
trust company in the District of Columbia, except that the Foundation 
may make any investment authorized by the instrument of transfer, and 
may retain any property accepted by the Foundation.
    ``(3) The Foundation may utilize the services and facilities of the 
Department of Defense, the Department of the Interior, and the 
Department of Justice, and such services and facilities may be made 
available on request to the extent practicable with or without 
reimbursement therefore. Monies reimbursed to any Department shall be 
returned by the Department to the account from which the funds for 
which the reimbursement is made were drawn and may, without further 
appropriation, be expended for any purpose for which such account is 
authorized.
    ``(c) Corporate Succession; Powers and Duties of Trustee; Suits; 
Personal Liability for Malfeasance.--The Foundation shall have 
perpetual succession, with all the usual powers and obligations of a 
corporation acting as a trustee, including the power to sue and to be 
sued in its own name, but the members of the Board shall not be 
personally liable, except for malfeasance.
    ``(d) Authority for Execution of Contracts, Instruments, and 
Necessary or Appropriate Acts.--The Foundation shall have the power to 
enter into contracts, to execute instruments, and generally to do any 
and all lawful acts necessary or appropriate to its purposes.
    ``(e) Bylaws, Rules, and Regulations; Contracts for Services.--In 
carrying out the provisions of this subchapter, the Board may adopt 
bylaws, rules, and regulations necessary for the administration of its 
functions and contract for any necessary services.
``Sec. 2908. Tax exemptions; contributions toward costs of local 
              government; contributions, gifts, or transfers to or for 
              use of United States
    ``(a) Tax Exemptions.--The Foundation and any income or property 
received or owned by it, and all transactions relating to such income 
or property, shall be exempt from all Federal, State, and local 
taxation with respect thereto.
    ``(b) Contribution to Costs of Local Government.--The Foundation 
may, however, in the discretion of its directors, contribute toward the 
costs of local government in amounts not in excess of those which it 
would be obligated to pay such government if it were not exempt from 
taxation by virtue of the foregoing or by virtue of its being a 
charitable and nonprofit corporation and may agree so to contribute 
with respect to property transferred to it and the income derived 
therefrom if such agreement is a condition of the transfer.
    ``(c) Transfers to or for Use of United States.--Contributions, 
gifts, and other transfers made to or for the use of the Foundation 
shall be regarded as contributions, gifts, or transfers to or for the 
use of the United States.
``Sec. 2909. Liability of United States
    ``The United States shall not be liable for any debts, defaults, 
acts, or omissions of the Foundation.
``Sec. 2910. Promotion of local fundraising support
    ``(a) Establishment.--The Foundation shall design and implement a 
comprehensive program to assist and promote philanthropic programs of 
support at the individual military installation level.
    ``(b) Implementation.--The program under subsection (a) shall be 
implemented to--
            ``(1) assist in the creation of local nonprofit support 
        organizations; and
            ``(2) provide support, national consistency, and 
        management-improving suggestions for local nonprofit support 
        organizations.
    ``(c) Program.--The program under subsection (a) shall include the 
greatest number of military installations as is practicable.
    ``(d) Requirements.--The program under subsection (a) shall 
include, at a minimum--
            ``(1) a standard adaptable organizational design format to 
        establish and sustain responsible management of a local 
        nonprofit support organization for support of a military 
        installation;
            ``(2) standard and legally tenable bylaws and recommended 
        money-handling procedures that can easily be adapted as applied 
        to individual military installations; and
            ``(3) a standard training curriculum to orient and expand 
        the operating expertise of personnel employed by local 
        nonprofit support organizations.
    ``(e) Annual Report.--The Foundation shall report the progress of 
the program under subsection (a) in the annual report of the 
Foundation.
    ``(f) Affiliations.--(1) Nothing in this section requires:
            ``(A) a nonprofit support organization or friends group to 
        modify current practices or to affiliate with the Foundation; 
        or
            ``(B) a local nonprofit support organization, established 
        as a result of this section, to be bound through its charter or 
        corporate bylaws to be permanently affiliated with the 
        Foundation.
    ``(2) An affiliation with the Foundation shall be established only 
at the discretion of the governing board of a nonprofit organization.
``Sec. 2911. Authorization of appropriations
    ``(a) Authorization.--There are authorized to be appropriated to 
the Department of Defense such sums as may be necessary to achieve the 
purposes of the Foundation.
    ``(b) Use of Amounts Appropriated.--(1) Subject to paragraph (2), 
amounts appropriated under this section shall be made available to the 
Foundation for use for matching, in whole or in part, contributions 
(whether in currency, services, or property) made to the Foundation by 
private persons and State and local government agencies.
    ``(2) No Federal funds authorized under this section shall be used 
by the foundation for administrative expenses of the Foundation, 
including salaries, travel and transportation expenses, and other 
overhead expenses.
    ``(c) Additional Authorization.--The amounts authorized to be 
appropriated under this section are in addition to any amounts provided 
or available to the Foundation under any other Federal law.''.
    (b) Clerical Amendment.--The table of chapters of Part IV of 
Subtitle A of such title is amended by adding at the end the following 
new item:

``173. National Defense Heritage Foundation.................    2905''.

SEC. 1044. USE OF MILITARY AIRCRAFT TO TRANSPORT MAIL TO AND FROM 
              OVERSEAS LOCATIONS.

    Section 3401 of title 39, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by inserting ``military owned, operated or 
                chartered aircraft; or on'' after ``the Virgin Islands, 
                on''; and
                    (B) by inserting ``military owned, chartered or 
                operated aircraft or'' after ``Whenever adequate 
                service by''; and
            (2) in subsection (c), by inserting ``by military owned, 
        chartered or operated aircraft or'' after ``shall be 
        transported''.

SEC. 1045. USE OF THE NATIONAL DRIVER REGISTER FOR PERSONNEL SECURITY 
              INVESTIGATIONS AND DETERMINATIONS.

    (a) In General.--Chapter 303 of title 49, United States Code, is 
amended by inserting after section 30305 the following new section:
``Sec. 30305a. National driver register information for use in 
              personnel security investigations and determinations and 
              personnel investigations with regard to Federal 
              employment security checks for Federal employment
    ``An individual who has or who seeks access to national security 
information for purposes of Executive Order 12968, or successor 
Executive orders, or an individual who is being investigated for 
Federal employment under authority of Executive Order 10450, or 
successor Executive orders, may request that the chief driver licensing 
official of a State provide information about the individual pursuant 
to section 30305(a) of this title 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. The 
Federal Department or agency that receives such information may use it 
in accordance with applicable law.''.
    (b) Clerical Amendment.--The table of sections for such chapter 303 
of title 49 is amended by inserting after the item relating to section 
30305 the following new item:

``30305a. National driver register information for use in personnel 
                            security investigations and determinations 
                            and personnel investigations with regard to 
                            Federal employment security checks for 
                            Federal employment.''.

SEC. 1046. CONFORMING AMENDMENTS TO GENERAL DEFINITIONS.

    (a) In General.--Section 101(e)(3) of title 10, United States Code, 
is amended by striking ``Secretary of Defense'' and inserting 
``Secretary concerned''.
    (b) Conforming Amendments to Definition of Congressional Defense 
Committees.--Title 10 is further amended as follows:
            (1) Sections 2676(d), 2694a(e), 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), are 
        amended by striking ``appropriate committees of Congress'' in 
        each place it appears and inserting ``congressional defense 
        committees''.
            (2)(A) Subsection (c) of section 2801 is amended by 
        striking paragraph (4) and inserting the following new 
        paragraph (4):
            ``(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, 
        the Permanent Select Committee on Intelligence of the House of 
        Representatives and the Select Committee on Intelligence of the 
        Senate.'';
            (B) Section 2694a is amended by striking subsection (i) and 
        inserting the following new subsection (i):
    ``(i) Definition of State.--The term `State' includes the District 
of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, and the Territories.''.
    (c) Conforming Amendments to Definition of Base Closure Laws.--(1) 
Section 2871 of such title is amended by redesignating paragraphs (3) 
through (8) as paragraphs (2) through (7), respectively.
    (2) Section 3341(c) of title 5, United States Code, is amended by 
striking paragraph (1) and inserting the following new paragraph (1):
    ``(1) the term `base closure law' has the meaning given such term 
in section 101(a)(17) of title 10.''.
    (3) Title 40, United States Code, is amended--
            (A) in section 554(a), by striking paragraph (1) and 
        inserting the following new paragraph (1):
    ``(1) Base closure law.--The term `base closure law' has the 
meaning given such term in section 101(a)(17) of title 10.''; and
    (B) in section 572(b), by striking subparagraph (B) of paragraph 
(1) and inserting the following new subparagraph (B):
    ``(B) Base closure law.--The term `base closure law' has the 
meaning given such term in section 101(a)(17) of title 10.'';
    (4) Section 120(h)(4)(E) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (Public Law 96-510; 
42 U.S.C. 9620(h)) is amended by striking clause (ii) and inserting the 
following new clause (ii):
    ``(ii) For purposes of this paragraph, the term `base closure law' 
has the meaning given such term in 10 U.S.C. 101(a)(17).''.
    (5) Section 1333(i) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1800), is amended by 
striking paragraph (1) and inserting the following new paragraph (1):
    ``(1) The term `base closure law' has the meaning given such term 
in 10 U.S.C. 101(a)(17).''.
    (6) Section 2814 of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337, 108 Stat. 3056), is amended by 
striking subsection (b) and inserting the following new subsection (b):
    ``(b) Base Closure Law Defined.--The term `base closure law' has 
the meaning given such term in 10 U.S.C. 101(a)(17).''.
    (7) Section 1(c) of An Act to Amend the Organic Act of Guam, and 
for other purposes (Public Law 106-504; 114 Stat. 2309), is amended by 
striking paragraph (2) and inserting the following new paragraph (2):
    ``(2) The term `base closure law' has the meaning given such term 
in 10 U.S.C. 101(a)(17).''.

SEC. 1047. USE OF DEPARTMENT OF DEFENSE FITNESS FACILITIES BY CONTRACT 
              WORKERS.

    (a) In General.--The Secretary of Defense may authorize employees 
of Department of Defense contractors to use Department of Defense-
owned, Department of Defense-operated fitness facilities if the 
Secretary determines that such use is in the best interest of the 
Department of Defense and causes no more than a de minimis increase in 
the cost of operation of such facilities. Active duty and Government 
civilian personnel will be granted top priority status for use of such 
facilities where availability is limited.
    (b) Liability Waiver.--In order to use such facilities, the 
contractor and the employee must agree to waive any claims of liability 
against the Government, and to its officers, employees, and agents 
arising from such use.

           TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL

SEC. 1101. PRIORITY PLACEMENT OF DISPLACED CIVILIAN EMPLOYEES.

    (a) In General.--Chapter 81 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1599e. Defense priority placement program
    ``(a) Priority Placement.--The Secretary of Defense, at his sole 
and exclusive discretion and notwithstanding the provisions of title 5, 
may establish one or more programs to promote stability of employment 
for Department of Defense civilian employees affected by changing 
mission requirements, streamlining efforts, overseas rotations 
(including rotations undertaken pursuant to section 1586 of this 
title), preferences established by law, and other such actions as the 
Secretary shall determine, by providing such employees priority 
consideration, as defined by the Secretary, for placement in other 
positions within the Department of Defense.
    ``(b) Construction.--The content of any program developed under 
subsection (a), and any personnel action undertaken pursuant to such 
program, shall not be reviewable outside the Department of Defense 
except to the extent that may be required by the United States 
Constitution.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting at the end the following new item:

``1599e. Defense priority placement program.''.

SEC. 1102. EMPLOYMENT PREFERENCE FOR SPOUSES OF CIVILIAN EMPLOYEES.

    Section 1784 of title 10, United States Code, is amended by adding 
at the end the following new subsections:
    ``(h) Inclusion of Spouses of Certain DOD Civilian Employees.--For 
the purposes of this section, the spouse of a civilian employee of the 
Department of Defense who has been reassigned and relocated pursuant to 
a mandatory mobility agreement executed as a condition of employment, 
or other mandatory mobility program shall be considered the spouse of a 
member of the armed forces.
    ``(i) Limiting Operation of the Hiring Preference.--The hiring 
preference in this section shall apply to any Department of Defense 
civilian position other than positions that fall under chief of mission 
authority as set forth in section 3927 of title 22.''.

SEC. 1103. PAY PARITY FOR CIVILIAN INTELLIGENCE PERSONNEL.

    Section 1602 of title 10, United States Code, is amended--
            (1) in subsection (a), by striking ``in relation to the 
        rates of pay provided in subpart D of part III of title 5 for 
        positions subject to that subpart which have corresponding 
        levels of duties and responsibilities'' and inserting ``in 
        relation to the rates of pay provided for other comparable 
        Department of Defense Senior Executive, Senior Level, and other 
        positions''; and
            (2) by striking subsection (b) and substituting the 
        following new subsection (b):
    ``(b) 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 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.''.

SEC. 1104. PAY PARITY FOR SENIOR EXECUTIVES IN DOD NONAPPROPRIATED FUND 
              INSTRUMENTALITIES.

    (a) In General.--Chapter 81 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1599e. Senior executive compensation for nonappropriated fund 
              instrumentalities
    ``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.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1589 the following new item:

``1599e. Senior Executive Compensation for Nonappropriated Fund 
                            Instrumentalities.''.

SEC. 1105. PROHIBIT UNAUTHORIZED WEARING, MANUFACTURE, OR SALE OF 
              CIVILIAN MEDALS OR DECORATIONS.

    Chapter 57 of title 10, United States Code, is amended by adding at 
the end the following new section:
``Sec. 1134. Civilian medals or decorations of the Department of 
              Defense
    ``(a) Prohibition.--Except with the written permission of the 
Secretary of Defense, no person may knowingly use, in connection with 
any merchandise, retail product, impersonation, solicitation, or 
commercial activity in a manner reasonably calculated to convey the 
impression that such use is approved, endorsed, or authorized by the 
Secretary, medals, decorations, or other insignia intended for 
recognition of Department of Defense civilian employees and other 
individuals who render service to the Department of Defense.
    ``(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.''.
    (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. Civilian medals or decorations of the Department of Defense.''.

              TITLE XII--MATTERS RELATING TO OTHER NATIONS

       Subtitle A--Matters Related to Arms Control and Monitoring

SEC. 1201. HUMANITARIAN ASSISTANCE WITH RESPECT TO THE DETECTION AND 
              CLEARANCE OF LANDMINES AND EXPLOSIVE REMNANTS OF WAR.

    Chapter 20 of title 10, United States Code, is amended--
            (1) in section 401--
                    (A) in subsection (a), by striking paragraph (4);
                    (B) in subsection (c)--
                            (i) by striking paragraphs (2) and (3); and
                            (ii) by redesignating paragraph (4) as 
                        paragraph (2); and
                    (C) in subsection (e), by striking paragraph (5);
            (2) by adding the following new section at the end of such 
        chapter:
``Sec. 406. Humanitarian assistance with respect to the detection and 
              clearance of landmines and explosive remnants of war
    ``(a)(1) Under regulations prescribed by the Secretary of Defense, 
United States armed forces may provide humanitarian assistance with 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 these activities will 
promote:
            ``(A) the security interests of both the United States and 
        the country in which the activities are to be carried out; and
            ``(B) the specific operational readiness skills of the 
        members of the armed forces who participate in the activities.
    ``(2) The Secretary of Defense shall ensure that no member of the 
armed forces, while providing assistance under this section:
            ``(A) 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
            ``(B) provides such assistance as part of a military 
        operation that does not involve the armed forces
    ``(b)(1) To the extent provided in defense authorization Acts, 
funds authorized to be appropriated to the Department of Defense for a 
fiscal year for humanitarian assistance shall be used for the purpose 
of providing assistance under this section.
    ``(2) Expenses covered include the following expenses incurred:
            ``(A) Travel, transportation, and subsistence expenses of 
        Department of Defense personnel providing such assistance.
            ``(B) The cost of any equipment, services, or supplies 
        acquired for the purpose of carrying out or supporting 
        activities under this section, 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.
            ``(C) The cost of equipment, services and supplies provided 
        in any fiscal year to a foreign country under paragraph (2)(B) 
        may not exceed $5,000,000.
    ``(c) Humanitarian assistance with respect to 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.''; and
            (3) in the table of sections at the beginning of such 
        chapter by adding at the end the following new item:

``406. Humanitarian assistance with respect to the detection and 
                            clearance of landmines and explosive 
                            remnants of war.''.

   Subtitle B--Matters Related to Allies and Friendly Foreign Nations

SEC. 1211. IMPROVING AIRSPACE CONTROL AND MANAGEMENT IN THE CAUCASUS 
              AND CENTRAL ASIA.

    Notwithstanding any other provision of the law, of the funds 
available to the Department of Defense, subject to the concurrence of 
the Secretary of State, not more than $150 million in fiscal year 2005 
may be made available for improving airspace control and management in 
key countries in the Caucasus and Central Asia (Georgia, Azerbaijan, 
Armenia, Turkmenistan, Uzbekistan, Kazakhstan, Kyrgyzstan, Tajikistan, 
and Afghanistan), thereby permitting a permissive and controlled air 
corridor from Europe through the Caucasus to Central Asia and 
Afghanistan.

SEC. 1212. GEORGE C. MARSHALL EUROPEAN CENTER FOR SECURITY STUDIES.

    Section 1306(b)(1) of the National Defense Authorization Act for 
Fiscal Year 1995, (Public Law 103-337; 108 Stat. 2892), as amended by 
section 1223 of the National Defense Authorization Act for Fiscal Year 
2004 (Public Law 108-136; 117 Stat. 1392), is amended by striking 
``military officers and civilian officials from states located in 
Europe or the territory of the former Soviet Union'' and inserting 
``foreign participants''.

                       Subtitle C--Other Matters

SEC. 1221. REPEAL OF THE ANNUAL REPORTING REQUIREMENT CONCERNING THE 
              ACTIVITIES OF CHINESE MILITARY COMPANIES OPERATING IN THE 
              UNITED STATES.

    Section 1233 of the National Defense Authorization Act Fiscal Year 
2001 (Public Law 106-398; 114 Stat. 1645A-330), is repealed.

SEC. 1222. REPEAL OF REPORTING REQUIREMENT CONCERNING SPECIAL 
              OPERATIONS FORCES TRAINING WITH FRIENDLY FOREIGN FORCES.

    Section 2011 of title 10, United States Code, is amended by 
striking subsection (e).

SEC. 1223. FOREIGN MILITARY AIDS ADVOCACY, AWARENESS AND PREVENTION 
              ACTIVITIES.

    Section 2561(a) of title 10, United States Code, is amended by 
inserting ``, to conduct HIV/AIDS advocacy, awareness, and prevention 
activities with foreign militaries and international peacekeepers,'' 
after ``transportation of humanitarian relief''.-

SEC. 1224. REPEAL OF THE AUTHORIZATION FOR THE ESTABLISHMENT OF THE 
              CENTER FOR THE STUDY OF CHINESE MILITARY AFFAIRS.

    Section 914 of the National Defense Authorization Act for Fiscal 
Year 2000 (Public Law 106-65; 113 Stat. 721), is repealed.

SEC. 1225. USE OF DONATED PROPERTY FOR HUMANITARIAN ASSISTANCE 
              PURPOSES.

    Section 2608 of title 10, United States Code, is amended--
            (1) by redesignating subsections (e) through (k) as 
        subsections (f) through (l), respectively; and
            (2) by inserting after subsection (d) the following new 
        subsection (e):
    ``(e) Use of Property for Humanitarian Assistance Purposes.--
Notwithstanding any other provision of law, any contribution of 
property received under this section may be donated by the Department 
of Defense to developing countries during an exercise, operation or 
similar activity. The Department of Defense may use its transportation 
assets and funds to receive, process, manage, store, care for, 
transport and distribute this property, including from the location the 
contribution is received to its eventual destination for donation.''.

SEC. 1226. ASSIGNMENT OF FOREIGN NAVY PERSONNEL TO SUBMARINE SAFETY 
              RESEARCH AND DEVELOPMENT PROGRAMS.

    Section 168 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(h) Authority for Assignment of Foreign Navy Officers and 
Enlisted Members to Submarine Safety Research and Development 
Programs.--(1) 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 foreign navies are assigned to United States commands to 
work on such systems and procedures.
    ``(2) The program authorized by this subsection is not an exchange 
program. Reciprocal assignments of members of the Navy to foreign 
navies are not required under this program.
    ``(3)(A) Each government sending members to the United States under 
the program authorized by this section shall pay the salary, per diem, 
cost of living, travel costs, cost of language or other training, and 
other costs for its own personnel in accordance with the laws and 
regulations of such government.
    ``(B) Subparagraph (A) does not apply to the following costs:
            ``(i) The cost of temporary duty directed by the United 
        States Navy.
            ``(ii) The cost of training programs conducted to 
        familiarize, orient, or certify members of foreign naval 
        personnel regarding unique aspects of their assignments.
            ``(iii) Costs incident to the use of the facilities of the 
        United States Navy in the performance of assigned duties.
    ``(4) The requirements of this subsection 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 navy of the foreign country to a United States Navy 
submarine safety program. The Secretary of the Navy may prescribe 
regulations for the application of this subsection in the exercise of 
such authority.''.

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

SEC. 1301. AUTHORITY TO WAIVE CONDITIONS LIMITING SUPPORT FOR --
              CHEMICAL WEAPONS DESTRUCTION FACILITY IN RUSSIA.

    (a) Applicability of Federal Law.--The conditions described in 
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 to the 
obligation and expenditure of funds available for obligation for the 
planning, design, or construction of a chemical weapons destruction 
facility in Russia if the President submits to Congress a written 
certification that includes--
            (1) a statement justifying and indicating that it is 
        consistent with the interests of national security to waive the 
        requirements; 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.
    (b) Use of Expended Funds.--Section 1305 of the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 22 U.S.C. 
5952 note) is amended by striking ``or expended''.

                      TITLE XIV--HOMELAND SECURITY

SEC. 1401. REPEAL OF FUNDING RESTRICTIONS CONCERNING DEVELOPMENT OF 
              MEDICAL COUNTERMEASURES AGAINST BIOLOGICAL WARFARE 
              THREATS.

    Section 2370a of title 10, United States Code, is repealed.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SECTION 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 or locations inside the 
United States, and in the amounts, set forth in the following table:

                     Army: Inside the United States
------------------------------------------------------------------------
            State               Installation or Location      Amount
------------------------------------------------------------------------
Alabama......................  Anniston Army Depot......      23,690,000
Alaska.......................  Fort Richardson..........      24,300,000
                               Fort Wainwright..........      92,459,000
California...................  Fort Irwin...............      38,100,000
Colorado.....................  Fort Carson..............      47,108,000
Georgia......................  Fort Benning.............      71,777,000
                               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
                               Pohakuloa Training Area..      30,000,000
                               Schofield Barricks.......     187,792,000
                               Wheeler Army Air Field...      24,000,000
Kansas.......................  Fort Riley...............      44,050,000
Kentucky.....................  Fort Campbell............      89,600,000
                               Fort Knox................      72,000,000
Louisiana....................  Fort Polk................      70,953,000
Missouri.....................  Fort Leonard Wood........      17,750,000
New Mexico...................  White Sands Missile Range      33,000,000
New York.....................  Fort Drum................       4,950,000
                               Fort Hamilton............       7,600,000
                               Military Entrance               6,200,000
                                Processing Station,
                                Buffalo.
                               United States Military         60,000,000
                                Academy, West Point.
North Carolina...............  Fort Bragg...............     101,687,000
Oklahoma.....................  Fort Sill................      14,400,000
Texas........................  Fort Bliss...............      16,500,000
                               Fort Hood................      78,088,000
Virginia.....................  Fort A.P. Hill...........       3,975,000
                               Fort Myer................      49,526,000
Washington...................  Fort Lewis...............      48,000,000
                                                         ---------------
                                   Total................   1,420,200,000
------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2104(a)(2), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following table:

                     Army: Outside the United States
------------------------------------------------------------------------
           Country              Installation or Location      Amount
------------------------------------------------------------------------
Germany......................  Grafenwoehr..............      77,200,000
Italy........................  Livorno..................      26,000,000
Korea........................  Camp Humphreys...........      12,000,000
                                                         ---------------
                                   Total................     115,200,000
------------------------------------------------------------------------

SEC. 2102. FAMILY HOUSING.

    (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(a)(5)(A), the Secretary of the Army may construct or acquire 
family housing units (including land acquisition and supporting 
facilities) at the installations or locations, for the purposes and in 
the amounts, set forth in the following table:

                                              Army: Family Housing
----------------------------------------------------------------------------------------------------------------
                  State                    Installation or Location             Purpose               Amount
----------------------------------------------------------------------------------------------------------------
Alaska..................................  Fort Richardson...........  92 Units..................      42,000,000
                                          Fort Wainwright...........  246 Units.................     124,000,000
Arizona.................................  Fort Huachuca.............  205 Units.................      41,000,000
                                          Yuma Proving Ground.......  55 Units..................      14,900,000
Kansas..................................  Fort Riley................  126 Units.................      33,000,000
New Mexico..............................  White Sands Missile Range.  156 Units.................      31,000,000
Oklahoma................................  Fort Sill.................  247 Units.................      47,000,000
Virginia................................  Fort Lee..................  218 Units.................      46,000,000
                                          Fort Monroe...............  68 Units..................      16,000,000
                                                                                                 ---------------
                                              Total.................  ..........................     394,900,000
----------------------------------------------------------------------------------------------------------------

    (b) Planning and Design.--Using amounts appropriated pursuant to 
the authorization of appropriations in section 2104(a)(4)(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.

    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 $3,336,291,000 as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2101(a), $1,250,700,000.
            (2) For military construction projects outside the United 
        States authorized by section 2101(b), $115,200,000.
            (3) For unspecified minor military construction projects 
        authorized by section 2805 of title 10, United States Code, 
        $20,000,000.
            (4) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $151,335,000.
            (5) For military family housing functions:
                    (A) For construction and acquisition, planning and 
                design, and improvement of military family housing and 
                facilities, $636,099,000.
                    (B) For support of military family housing 
                (including the functions described in section 2833 of 
                title 10, United States Code), $928,907,000.
            (6) For the construction of phase 2 of a barracks complex, 
        5th & 16th Street, at Fort Stewart/Hunter Army Air Field, 
        Georgia, authorized by section 2101(a) of the Military 
        Construction Authorization Act for Fiscal Year 2004 (division B 
        of Public Law 108-136; 117 Stat. 1697), $32,950,000.
            (7) For the construction of phase 3 of a barracks complex 
        renewal, Capron Road, at Schofield Barracks, Hawaii, authorized 
        by section 2101(a) of the Military Construction Authorization 
        Act for Fiscal Year 2002 (division B of Public Law 107-107; 115 
        Stat. 1283) 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.
            (8) For the construction of phase 2 of the Lewis & Clark 
        instructional facility at Fort Leavenworth, Kansas, authorized 
        by section 2101(a) of the Military Construction Authorization 
        Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 
        Stat. 2681), $44,000,000.
            (9) For the construction phase 2 of a barracks complex at 
        Wheeler Sack Army Air Field at Fort Drum, New York, authorized 
        by section 2101(a) of the Military Construction Authorization 
        Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 
        Stat. 1697), $48,000,000.
            (10) For the construction of phase 2 of a barracks complex, 
        Bastogne Drive, Fort Bragg, North Carolina, authorized by 
        section 2101(a) of the Military Construction Authorization Act 
        for Fiscal Year 2004 (division B of Public Law 108-136; 117 
        Stat. 1697), $48,000,000.
            (11) For the construction of phase 3 of a maintenance 
        complex at Fort Sill, Oklahoma, authorized by section 2101(a) 
        of the Military Construction Authorization Act for Fiscal Year 
        2003 (division B of Public Law 107-314; 116 Stat. 2681), 
        $13,100,000.

                            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 or locations inside the 
United States, and in the amounts, set forth in the following table:

                     Navy: Inside the United States
------------------------------------------------------------------------
            State               Installation or Location      Amount
------------------------------------------------------------------------
Arizona......................  Marine Corps Air Station,      26,670,000
                                Yuma.
California...................  Marine Corps Base, Camp        38,455,000
                                Pendleton.
                               Naval Air Facility, El         54,331,000
                                Centro.
Connecticut..................  Naval Submarine Base, New      45,882,000
                                London.
District of Columbia.........  Naval Observatory,              3,239,000
                                Washington.
                               Eglin Air Force Base.....       2,060,000
Florida......................  Naval Station, Mayport...       6,200,000
                               Strategic Weapons              16,000,000
                                Facility Atlantic, Kings
                                Bay.
Georgia......................  Naval Training Station,            10,000
                                Great Lakes.
Illinois.....................  Recruit Training Command,      74,771,000
                                Great Lakes.
                               Naval Surface Warfare          13,900,000
                                Center, Indian Head.
Maryland.....................  Marine Corps Air Station,      35,140,000
                                New River.
North Carolina...............  Marine Corps Base, Camp         6,420,000
                                Lejeune.
                               Washington County........     136,900,000
                               Camp Elmore Marine Corps       13,500,000
                                Detachment.
Virginia.....................  Marine Corps Base,             41,800,000
                                Quantico.
                               Naval Air Station, Oceana       2,770,000
                               Naval Amphibious Base,          2,850,000
                                Little Creek.
                               Naval Station, Norfolk...       4,330,000
                               Naval Weapons Station,          9,870,000
                                Yorktown.
                               Naval Shipyard Puget           20,305,000
                                Sound, Bremerton.
Washington...................  Naval Station, Bremerton.      74,125,000
                               Strategic Weapons             131,090,000
                                Facility Pacific, Bangor.
                                                         ---------------
                                   Total................     760,618,000
------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2204(a)(2), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following table:

                     Navy: Outside the United States
------------------------------------------------------------------------
           Country              Installation or Location      Amount
------------------------------------------------------------------------
Bahamas......................  Naval Undersea Warfare         20,750,000
                                Center, Andros Islands.
Diego Garcia.................  Naval Support Facility,        17,500,000
                                Diego Garcia.
Guam.........................  Naval Station, Guam......      12,500,000
Guam.........................  Naval Public Works             20,700,000
                                Center, Guam.
Italy........................  Sigonella................      22,550,000
Spain........................  Naval Station, Rota......      32,700,000
                                                         ---------------
                                   Total................     126,700,000
------------------------------------------------------------------------

    (c) Unspecified Worldwide.--Using the amounts appropriated pursuant 
to the authorization of appropriations in section 2204(a)(3), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for the installations or locations and in the 
amount, set forth in the following table:

                       Navy: Unspecified Worldwide
------------------------------------------------------------------------
           Location             Installation or Location      Amount
------------------------------------------------------------------------
Worldwide Unspecified........  Unspecified Worldwide....     158,640,000
                                                         ---------------
                                   Total................     158,640,000
------------------------------------------------------------------------

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)(5)(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.

    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 $1,904,066,000, as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2201(a), $621,238,000.
            (2) For military construction projects outside the United 
        States authorized by section 2201(b), $126,700,000.-
            (3) For the military construction projects at unspecified 
        worldwide locations authorized by section 2201(c), $98,560,000.
            (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 increment 2 of the tertiary 
        sewage treatment plant at Marine Corps Base, Camp Pendleton, 
        California, authorized by section 2201(a) of the Military 
        Construction Authorization Act for Fiscal Year 2004 (division B 
        of Public Law 108-136; 117 Stat. 1703), $25,690,000.
            (8) For the construction of increment 2 of the general 
        purpose berthing pier at Naval Weapons Station, Earle, New 
        Jersey, authorized by section 2201(a) of the Military 
        Construction Authorization Act of Fiscal Year 2004 (division B 
        of Public Law 108-136; 117 Stat. 1704), $49,200,000.
            (9) For the construction of increment 2 of pier 11 
        replacement at Naval Station, Norfolk, Virginia, authorized by 
        section 2201(a) of the Military Construction Authorization Act 
        of Fiscal Year 2004 (division B of Public Law 108-136; 117 
        Stat. 1704), $40,000,000.

                         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(a)(1), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for the installations or locations 
inside the United States, and in the amounts, set forth in the 
following table:

                   Air Force: Inside the United States
------------------------------------------------------------------------
            State               Installation or Location      Amount
------------------------------------------------------------------------
Alaska.......................  Elmendorf Air Force Base.      26,057,000
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
Florida......................  Tyndall Air Force Base...      18,962,000
Georgia......................  Robins Air Force Base....      15,000,000
Hawaii.......................  Hickam Air Force Base....      25,900,000
Louisiana....................  Barksdale Air Force Base.      13,800,000
Maryland.....................  Andrews Air Force Base...      17,100,000
North Carolina...............  Pope Air Force Base......      15,150,000
South Carolina...............  Shaw Air Force Base......       3,300,000
Tennessee....................  Arnold Air Force Base....      22,000,000
Texas........................  Lackland Air Force Base..       2,596,000
                               Sheppard Air Force Base..      50,284,000
Utah.........................  Hill Air Force Base......      13,113,000
                                                         ---------------
                                   Total................     295,964,000
------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2304(a)(2), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for the installations or locations 
outside the United States, and in the amounts, set forth in the 
following table:

                  Air Force: Outside the United States
------------------------------------------------------------------------
           Country              Installation or Location      Amount
------------------------------------------------------------------------
Germany......................  Ramstein Air Base........      25,404,000
Greenland....................  Thule Air Base...........      19,800,000
Guam.........................  Andersen Air 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
------------------------------------------------------------------------

    (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:

                    Air Force: Unspecified Worldwide
------------------------------------------------------------------------
           Location             Installation or Location      Amount
------------------------------------------------------------------------
Worldwide Classified.........  Worldwide Unspecified          28,090,000
                                Classified.
Worldwide Unspecified........  Worldwide Unspecified....      26,825,000
                                                         ---------------
                                   Total................      54,915,000
------------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

    (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2304(a)(6)(A), the Secretary of the Air Force may construct or acquire 
family housing units (including land acquisition and supporting 
facilities) at the installations or locations, for the purposes and in 
the amounts, set forth in the following table:

                                        Air Force: Unspecified Worldwide
----------------------------------------------------------------------------------------------------------------
                  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..................      22,973,000
Idaho...................................  Mountain Home Air Force     147 Units.................      39,333,000
                                           Base.
Mississippi.............................  Columbus Air Force Base...  FH Mgmt Facility..........         711,000
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...........  FH Office.................       2,542,000
Korea...................................  Osan Air Base.............  117 Units.................      46,834,000
United Kingdom..........................  Royal Air Force Lakenheath  154 Units.................      43,976,000
                                                                                                 ---------------
                                              Total.................  ..........................     570,340,000
----------------------------------------------------------------------------------------------------------------

    (b) Planning and Design.--Using amounts appropriated pursuant to 
the authorization of appropriations in section 2304(a)(6)(A), the 
Secretary of the Air Force may carry out architectural and engineering 
services and construction design activities with respect to the 
construction or improvement of military family housing units in an 
amount not to exceed $38,266,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2304(a)(6)(A), the Secretary of the Air Force may improve 
existing military family housing units in an amount not to exceed 
$238,353,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

    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 $2,374,819,000, as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2301(a), $295,964,000.
            (2) For military construction projects outside the United 
        States authorized by section 2301(b), $159,299,000.
            (3) For the military construction projects at unspecified 
        worldwide locations authorized by section 2301(c), $54,915,000.
            (4) For unspecified minor military construction projects 
        authorized by section 2805 of title 10, United States Code, 
        $13,000,000.
            (5) For architectural and engineering services and 
        construction design, under section 2807 of title 10, United 
        States Code, $140,786,000.
            (6) For military family housing functions:
                    (A) For construction and acquisition, planning and 
                design and improvement of military family housing and 
                facilities, $846,959,000.
                    (B) For support of military family housing 
                (including functions described in section 2833 of title 
                10, United States Code), $863,896,000.

                      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 or locations inside the 
United States, and in the amounts, set forth in the following table:

               Defense Agencies: Inside the United States
------------------------------------------------------------------------
            Agency              Installation or Location      Amount
------------------------------------------------------------------------
Defense Intelligence Agency..  Bolling Air Force Base,         6,000,000
                                District of Columbia.
Defense Logistics Agency.....  Columbus, Ohio...........       5,500,000
                               Defense Distribution           22,300,000
                                Depot, New Cumberland,
                                Pennsylvania.
                               Defense Distribution           10,100,000
                                Depot, Richmond,
                                Virginia.
                               Defense Fuel Support            3,589,000
                                Point, Naval Air Station
                                Oceana, Virginia.
                               Marina Corps Air Station,      22,700,000
                                Cherry Point, North
                                Carolina.
                               Naval Air Station,              3,900,000
                                Kingsville, Texas.
                               Naval Station, Pearl            3,500,000
                                Harbor, Hawaii.
                               Tinker Air Force Base,          5,400,000
                                Oklahoma.
Missile Defense Agency.......  Travis Air Force Base,         15,100,000
                                California.
National Security Agency.....  Huntsville, Alabama......      19,560,000
Special Operations Command...  Fort Meade, Maryland.....      15,007,000
                               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.
Tri-Care Management Activity.  Naval Air Station, North        1,000,000
                                Island, California.
                               Naval Amphibious Base,         24,200,000
                                Little Creek, Virginia.
                               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
                                Virgina.
                               Marine Corps Recruit           25,000,000
                                Depot, Parris Island,
                                South Carolina.
                                                         ---------------
                                   Total................     452,582,000
------------------------------------------------------------------------

    (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 or locations outside the 
United States, and in the amounts, set forth in the following table:

               Defense Agencies: Outside the United States
------------------------------------------------------------------------
            Agency              Installation or Location      Amount
------------------------------------------------------------------------
Defense Education Activity...  Grafenwoehr, Germany.....      36,247,000
                               Naval Station, Guam......      26,964,000
                               Vilseck, Germany.........       9,011,000
Defense Logistics Agency.....  Defense Fuel Support           19,113,000
                                Point, Lajes Field,
                                Portugal.
Special Operations Command...  Misawa Air Base, Japan...      19,900,000
                               Naval Station, Guam,            2,200,000
                                Marianas Islands.
                               Royal Air Force                10,200,000
                                Mildenhall, United
                                Kingdom.
Tri-Care Management Activity.  Diego Garcia.............       3,800,000
                               Grafenwoehr, Germany.....      13,000,000
                                                         ---------------
                                   Total................     140,435,000
------------------------------------------------------------------------

    (c) Unspecified Worldwide.--Using the amounts appropriated pursuant 
to the authorization of appropriations in section 2404(a)(3), the 
Secretary of Defense may acquire real property and carry out military 
construction projects for the installations or locations, and in the 
amount, set forth in the following table:

                 Defense Agencies: Unspecified Worldwide
------------------------------------------------------------------------
           Location             Installation or 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.

    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 
$1,163,477,000, as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2401(a), $395,582,000.
            (2) For military construction projects outside the United 
        States authorized by section 2401(b), $140,435,000.-
            (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 of this Act, $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.

   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--CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE

SEC. 2601. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2004, for military construction and land 
acquisition for Chemical Demilitarization in the total amount of 
$81,886,000, as follows:
            (1) 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. 
        2697), $44,792,000.
            (2) 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. 2697), 
        $37,094,000.

            TITLE XXVII--GUARD AND RESERVE FORCES FACILITIES

SEC. 2701. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND 
              ACQUISITION PROJECTS.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2004, for the costs of acquisition, 
architectural and engineering services, and construction of facilities 
for the Guard and Reserve Forces, and for contributions therefor, under 
chapter 1803 of title 10, United States Code (including the cost of 
acquisition of land for those facilities), the following amounts:
            (1) For the Department of the Army--
                    (A) for the Army National Guard of the United 
                States, $265,657,000; and
                    (B) for the Army Reserve, $87,070,000.
            (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, $127,368,000; and
                    (B) for the Air Force Reserve, $84,556,000.

        TITLE XXVIII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

SEC. 2801. 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 XXVII for military construction projects, land acquisition, 
family housing projects and facilities, and contributions to the North 
Atlantic Treaty Organization Security Investment Program (and 
authorizations of appropriations therefor) shall expire on the later 
of--
            (1) October 1, 2007; or
            (2) the date of the enactment of an Act authorizing funds 
        for military construction for fiscal year 2008.
    (b) Exception.--Subsection (a) shall not apply to authorizations 
for military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic Treaty 
Organization Security Investment program (and authorizations of 
appropriations therefor), for which appropriated funds have been 
obligated before the later of--
            (1) October 1, 2007; or
            (2) the date of the enactment of an Act authorizing funds 
        for fiscal year 2008 for military construction projects, land 
        acquisition, family housing projects and facilities, or 
        contributions to the North Atlantic Treaty Organization 
        Security Investment program.

SEC. 2802. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2002 
              PROJECTS.

    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2002 (division B of 
Public Law 107-107; 115 Stat. 1280), authorizations set forth in the 
tables in subsection (b), as provided in sections 2101, 2302, and 2601 
of that Act, shall remain in effect until October 1, 2005, or the date 
of the enactment of an Act authorizing funds for military construction 
for fiscal year 2006, whichever is later.
    (b) Tables.--The tables referred to in subsection (a) are as 
follows:

                                 Army: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                  State                    Installation or Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
Alaska..................................  Fort Wainwright...........  Power Plant Cooling Tower.      23,000,000
Hawaii..................................  Pohakuloa Training 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....  Construct Family Housing        11,400,000
                                                                       (55 Units).
Idaho...................................  Mountain Home Air Force     Replace Family Housing (56      10,000,000
                                           Base.                       Units).
Louisiana...............................  Barksdale Air Force Base..  Replace Family Housing (56       7,300,000
                                                                       Units).
----------------------------------------------------------------------------------------------------------------


                          Army National Guard: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                  State                    Installation or Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
California..............................  Lancaster.................  Readiness Center (ADRS)...       4,530,000
Massachusetts...........................  Framingham................  Organizational Maintenance       8,347,000
                                                                       Shop.
----------------------------------------------------------------------------------------------------------------

SEC. 2803. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2001 
              PROJECTS.

    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2001 (division B of 
Public Law 106-398; 114 Stat. 1654A-389), authorizations set forth in 
the tables in subsection (b), as provided in sections 2102 and 2401 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 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
                  State                    Installation or Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
South Carolina..........................  Fort Jackson..............  New Construction-Family            250,000
                                                                       Housing (1 unit).
----------------------------------------------------------------------------------------------------------------


                             Defense Agency: Extension of 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
                 Agency                    Installation or Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
Defense Finance and Accounting Service..  Kleber Kaserne, Germany...  Building renovation.......       7,400,000
Department of Defense Education Activity  Osan Air Base, Korea......  Osan Elementary School             843,000
                                                                       Classroom Addition.
----------------------------------------------------------------------------------------------------------------

                     TITLE XXIX--GENERAL PROVISIONS

     Subtitle A--Military Construction and Military Family Housing

SEC. 2901. ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF 
              MILITARY HOUSING.-

    Section 2883(g)(1) of title 10, United States Code is amended by 
striking ``$850,000,000'' and inserting ``$1,850,000,000''.

        Subtitle B--Real Property and Facilities Administration

SEC. 2911. ESTABLISHMENT OF MUSEUM CENTER OF THE NATIONAL MUSEUM OF THE 
              UNITED STATES ARMY.

    (a) In General.--Chapter 401 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 4322. The Museum Center of the National Museum of the United 
              States Army
    ``(a) Authority To Establish.--
            ``(1) The Secretary of the Army may establish the Museum 
        Center of the National Museum of the United States Army at Fort 
        Belvoir, Virginia.
            ``(2) The Museum Center may be used to identify, collect, 
        preserve, display, and interpret historic artifacts and artwork 
        of significance to the United States Army.
    ``(b) Authority To Enter Into Agreement.--
            ``(1) The Secretary may enter into an agreement with the 
Army Historical Foundation, a nonprofit organization, to support the 
design, construction, and operation of the Museum Center through gifts 
provided by the Foundation.
            ``(2) The Secretary may require such terms and conditions 
        in connection with any agreement authorized to be entered into 
        by this subsection as the Secretary considers appropriate to 
        protect the interests of the United States.
    ``(c) Design, Construction, and Operation.--The Secretary may 
design, construct, and operate facilities for the Museum Center with 
funds provided by the Army Historical Foundation and gifts accepted 
under subsection (d).
    ``(d) Use of Certain Gifts.--(1) Under regulations prescribed by 
the Secretary, the Commander of the United States Amy Center of 
Military History may, without regard to section 2601 of this title 10, 
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 Museum 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 sub section.
    ``(e) Other Authorized Users.--
            (1) The Secretary may make the Museum Center, or space 
        within the Museum Center, available to the public, commercial 
        entities, nonprofit entities, state and local governments, and 
        other departments and agencies of the Federal Government for 
        such uses as deemed appropriate by the Secretary. The Secretary 
        may charge fees for such uses.
            ``(2) Funds received under paragraph (1) shall be deposited 
        into a special fund maintained by the Secretary for 
        acquisition, preservation, and conservation of rare artifacts 
        and other projects associated with the Museum Center and shall 
        be available for those purposes until expended.
    ``(f) Fundraising.--The Army Historical Foundation may engage in 
fundraising operations on the grounds of the Museum Center and its 
adjacent support facilities with the approval of the Secretary of the 
Army. The Secretary of the Army may approve the provision of logistical 
support to fundraising events conducted by the Army Historical 
Foundation on the grounds of the Museum Center and its adjacent support 
facilities that is otherwise consistent with Department of Defense 
policy for the conduct of public affairs and community relations 
activities and programs throughout the Department of Defense.
    ``(g) Advertising, Marketing, and Promotion.--
            ``(1) The Secretary of the Army may expend appropriated 
        funds available for the operation and maintenance of the Army 
        for advertising, marketing, and promotion of the National 
        Museum of the United States Army and its programs in order to 
        enhance visitation and the effectiveness of educational 
        programs of the Museum.
            ``(2) The Secretary of the Army may authorize the Commander 
        of the United States Army Center of Military History, or other 
        appropriate official of the Department of the Army, to expend 
        appropriated funds available for the operation and maintenance 
        of the Army for the promotional hospitality of specials guests 
        of the National Museum of the United States Army, not to exceed 
        $20,006 during a fiscal year.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``4322. The Museum Center of the National Museum of the United States 
                            Army.''.

SEC. 2912. EXCHANGE OR SALE OF RESERVE COMPONENT FACILITIES IN --RETURN 
              FOR REPLACEMENT FACILITIES.

    Section 18233 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(g)(1) When the Secretary of Defense determines it is in the best 
interests of the United States to acquire a facility under this section 
as a replacement for an existing facility, the Secretary may exchange 
the existing facility for a replacement facility or sell the existing 
facility and use the proceeds to acquire a replacement facility.
    ``(2) In any exchange or sale under paragraph (1), the United 
States shall receive cash or a replacement facility, or both, of a 
value at least equal to the fair market value of the existing facility.
    ``(3) Acquisition of a replacement facility under paragraph (I) by 
exchange, sale, or combination of exchange and sale, may be 
accomplished by construction, expansion, rehabilitation, and conversion 
and shall result in a fully equipped and operational replacement 
facility. Nothing in this paragraph shall prohibit the Secretary from 
contributing additional funds, in accordance with this section, to 
obtain a fully equipped and operational replacement facility.
    ``(4) Any funds received under this subsection in excess of the 
funds expended for the replacement facility may be used for the 
purposes of subsection (a).
    ``(5) The funds received under this subsection shall be placed in a 
separate account for use in accordance with this subsection without 
further appropriation.
    ``(6) This subsection shall not be subject to the Stewart B. 
McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.).''.

                       Subtitle C--Other Matters

SEC. 2921. MINOR MILITARY CONSTRUCTION TO IMPROVE FORCE PROTECTION.

    Section 2805 of title 10, United States Code, is amended--
            (1) in subsection (b)(2), by striking ``21-day'' and 
        inserting ``5-day''; and
            (2) in subsection (c)(1)--
                    (A) by striking ``or'' at the end of subparagraph 
                (A);
                    (B) by striking the period at the end of 
                subparagraph (B) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) $5,000,000, in the case of an unspecified 
                minor military construction project intended solely to 
                correct a deficiency in force protection.''.
                                 <all>