[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2400 Placed on Calendar Senate (PCS)]
Calendar No. 503
108th CONGRESS
2d Session
S. 2400
[Report No. 108-260]
To authorize appropriations for fiscal year 2005 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2004
Mr. Warner, from the Committee on Armed Services, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2005 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2005''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B--Army Programs
Sec. 111. Light utility helicopter program.
Sec. 112. Authorization of appropriations for up-armored high mobility
multi-purpose wheeled vehicles or wheeled
vehicle ballistic add-on armor protection.
Subtitle C--Navy Programs
Sec. 121. LHA(R) amphibious assault ship program.
Sec. 122. Multiyear procurement authority for the light weight 155-
millimeter howitzer program.
Sec. 123. Pilot program for flexible funding of submarine engineered
refueling overhaul and conversion.
Subtitle D--Air Force Programs
Sec. 131. Prohibition of retirement of KC-135E aircraft.
Sec. 132. Prohibition of retirement of F-117 aircraft.
Subtitle E--Other Matters
Sec. 141. Report on options for acquisition of precision-guided
munitions.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. DD(X)-class destroyer program.
Sec. 212. Global Positioning System III satellite.
Sec. 213. Initiation of concept demonstration of Global Hawk high
altitude endurance unmanned aerial vehicle.
Sec. 214. Joint Unmanned Combat Air Systems program.
Sec. 215. Joint Strike Fighter Aircraft program.
Sec. 216. Joint experimentation.
Subtitle C--Ballistic Missile Defense
Sec. 221. Fielding of ballistic missile defense capabilities.
Sec. 222. Patriot Advance Capability-3 and Medium Extended Air Defense
System.
Sec. 223. Comptroller General assessments of ballistic missile defense
programs.
Subtitle D--Other Matters
Sec. 231. Annual report on submarine technology insertion.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 311. Commander's Emergency Response Program.
Sec. 312. Limitation on transfers out of working capital funds.
Subtitle C--Environmental Provisions
Sec. 321. Payment of certain private cleanup costs in connection with
Defense Environmental Restoration Program.
Sec. 322. Reimbursement of Environmental Protection Agency for certain
costs in connection with Moses Lake
Wellfield Superfund Site, Moses Lake,
Washington.
Sec. 323. Satisfaction of certain audit requirements by the Inspector
General of the Department of Defense.
Sec. 324. Comptroller General study and report on drinking water
contamination and related health effects at
Camp Lejeune, North Carolina.
Sec. 325. Increase in authorized amount of environmental remediation,
Front Royal, Virginia.
Subtitle D--Depot-Level Maintenance and Repair
Sec. 331. Simplification of annual reporting requirements concerning
funds expended for depot maintenance and
repair workloads.
Sec. 332. Repeal of requirement for annual report on management of
depot employees.
Sec. 333. Extension of special treatment for certain expenditures
incurred in the operation of centers of
industrial and technical excellence.
Subtitle E--Extensions of Program Authorities
Sec. 341. Two-year extension of Department of Defense
telecommunications benefit.
Sec. 342. Two-year extension of Arsenal Support Program Initiative.
Sec. 343. Reauthorization of warranty claims recovery pilot program.
Subtitle F--Defense Dependents Education
Sec. 351. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces
and Department of Defense civilian
employees.
Sec. 352. Impact aid for children with severe disabilities.
Subtitle G--Other Matters
Sec. 361. Charges for Defense Logistics Information Services materials.
Sec. 362. Temporary authority for contractor performance of security-
guard functions.
Sec. 363. Pilot program for purchase of certain municipal services for
Department of Defense installations.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Additional authority for increases of Army active duty
personnel end strengths for fiscal years
2005 through 2009.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2005 limitations on non-dual status technicians.
Sec. 415. Authorized strengths for Marine Corps Reserve officers in
active status in grades below general
officer.
Subtitle C--Authorizations of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
Sec. 422. Armed Forces Retirement Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Joint Officer Personnel Management
Sec. 501. Modification of conditions of eligibility for waiver of joint
duty credit requirement for promotion to
general or flag officer.
Sec. 502. Management of joint specialty officers.
Sec. 503. Revised promotion policy objectives for joint officers.
Sec. 504. Length of joint duty assignments.
Sec. 505. Repeal of minimum period requirement for Phase II Joint
Professional Military Education.
Sec. 506. Revised definitions applicable to joint duty.
Subtitle B--Other Officer Personnel Policy
Sec. 511. Transition of active-duty list officer force to a force of
all regular officers.
Sec. 512. Eligibility of Navy staff corps officers to serve as Deputy
Chiefs of Naval Operations and Assistant
Chiefs of Naval Operations.
Sec. 513. One-year extension of authority to waive joint duty
experience as eligibility requirement for
appointment of chiefs of reserve
components.
Sec. 514. Limitation on number of officers frocked to major general and
rear admiral (upper half).
Subtitle C--Reserve Component Personnel Policy
Sec. 521. Repeal of exclusion of active duty for training from
authority to order reserves to active duty.
Sec. 522. Exception to mandatory retention of Reserves on active duty
to qualify for retirement pay.
Subtitle D--Education and Training
Sec. 531. One-year extension of Army College First pilot program.
Sec. 532. Military recruiter equal access to campus.
Sec. 533. Exclusion from denial of funds for preventing ROTC access to
campus of amounts to cover individual costs
of attendance at institutions of higher
education.
Sec. 534. Transfer of authority to confer degrees upon graduates of the
Community College of the Air Force.
Subtitle E--Decorations, Awards, and Commendations
Sec. 541. Award of medal of honor to individual interred in the Tomb of
the Unknowns as representative of
casualties of a war.
Sec. 542. Separate campaign medals for Operation Enduring Freedom and
for Operation Iraqi Freedom.
Subtitle F--Military Justice
Sec. 551. Reduced blood alcohol content limit for offense of drunken
operation of a vehicle, aircraft, or
vessel.
Sec. 552. Waiver of recoupment of time lost for confinement in
connection with a trial.
Sec. 553. Department of Defense policy and procedures on prevention and
response to sexual assaults involving
members of the Armed Forces.
Subtitle G--Scope of Duties of Ready Reserve Personnel in Inactive Duty
Status
Sec. 561. Redesignation of inactive-duty training to encompass
operational and other duties performed by
Reserves while in inactive duty status.
Sec. 562. Repeal of unnecessary duty status distinction for funeral
honors duty.
Sec. 563. Conforming amendments to other laws referring to inactive-
duty training.
Sec. 564. Conforming amendments to other laws referring to funeral
honors duty.
Subtitle H--Other Matters
Sec. 571. Accession of persons with specialized skills.
Sec. 572. Federal write-in ballots for absentee military voters located
in the United States.
Sec. 573. Renaming of National Guard Challenge Program and increase in
maximum Federal share of cost of State
programs under the program.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Geographic basis for housing allowance during short-
assignment permanent changes of station for
education or training.
Sec. 602. Immediate lump-sum reimbursement for unusual nonrecurring
expenses incurred for duty outside the
continental United States.
Sec. 603. Permanent increase in authorized amount of family separation
allowance.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for certain health care
professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of other bonus and special pay
authorities.
Sec. 615. Reduced service obligation for nurses receiving nurse
accession bonus.
Sec. 616. Assignment incentive pay.
Sec. 617. Permanent increase in authorized amount of hostile fire and
imminent danger special pay.
Sec. 618. Eligibility of enlisted members to qualify for critical
skills retention bonus while serving on
indefinite reenlistment.
Sec. 619. Clarification of educational pursuits qualifying for Selected
Reserve Education Loan Repayment Program
for health professions officers.
Sec. 620. Bonus for certain initial service of commissioned officers in
the Selected Reserve.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Travel and transportation allowances for family members to
attend burial ceremonies of members who die
on duty.
Sec. 632. Lodging costs incurred in connection with dependent student
travel.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 641. Special rule for computing the high-36 month average for
disabled members of reserve components.
Subtitle E--Other Matters
Sec. 651. Increased maximum period for leave of absence for pursuit of
a program of education in a health care
profession.
Sec. 652. Eligibility of members for reimbursement of expenses incurred
for adoption placements made by foreign
governments.
TITLE VII--HEALTH CARE
Subtitle A--Enhanced Benefits for Reserves
Sec. 701. Demonstration project on health benefits for Reserves.
Sec. 702. Permanent earlier eligibility date for TRICARE benefits for
members of reserve components.
Sec. 703. Waiver of certain deductibles for members on active duty for
a period of more than 30 days.
Sec. 704. Protection of dependents from balance billing.
Sec. 705. Permanent extension of transitional health care benefits and
addition of requirement for preseparation
physical examination.
Sec. 706. Permanent elective coverage for Ready Reserve members under
TRICARE program.
Subtitle B--Other Matters
Sec. 711. Repeal of requirement for payment of subsistence charges
while hospitalized.
Sec. 712. Opportunity for young child dependent of deceased member to
become eligible for enrollment in a TRICARE
dental plan.
Sec. 713. Pediatric dental practice necessary for professional
accreditation.
Sec. 714. Services of marriage and family therapists.
Sec. 715. Chiropractic health care benefits advisory committee.
Sec. 716. Grounds for Presidential waiver of requirement for informed
consent or option to refuse regarding
administration of drugs not approved for
general use.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Responsibilities of acquisition executives and chief
information officers under the Clinger-
Cohen Act.
Sec. 802. Software-related program costs under major defense
acquisition programs.
Sec. 803. Internal controls for Department of Defense purchases through
GSA Client Support Centers.
Sec. 804. Defense commercial satellite services procurement process.
Subtitle B--General Contracting Authorities, Procedures, and
Limitations, and Other Matters
Sec. 811. Increased thresholds for applicability of certain
requirements.
Sec. 812. Period for multiyear task and delivery order contracts.
Sec. 813. Submission of cost or pricing data on noncommercial
modifications of commercial items.
Sec. 814. Delegations of authority to make determinations relating to
payment of defense contractors for business
restructuring costs.
Sec. 815. Limitation regarding service charges imposed for defense
procurements made through contracts of
other agencies.
Subtitle C--Extensions of Temporary Program Authorities
Sec. 831. Extension of contract goal for small disadvantaged business
and certain institutions of higher
education.
Sec. 832. Extension of Mentor-Protege program.
Sec. 833. Extension of test program for negotiation of comprehensive
small business subcontracting plans.
Sec. 834. Extension of pilot program on sales of manufactured articles
and services of certain Army industrial
facilities.
Subtitle D--Industrial Base Matters
Sec. 841. Commission on the Future of the National Technology and
Industrial Base.
Sec. 842. Conforming standard for waiver of domestic source or content
requirements.
Sec. 843. Consistency with United States obligations under trade
agreements.
Subtitle E--Defense Acquisition and Support Workforce
Sec. 851. Limitation and reinvestment authority relating to reduction
of the defense acquisition and support
workforce.
Sec. 852. Defense acquisition workforce improvements.
Subtitle F--Other Matters
Sec. 861. Inapplicability of certain fiscal laws to settlements under
special temporary contract closeout
authority.
Sec. 862. Demonstration program on expanded use of Reserves to perform
developmental testing, new equipment
training, and related activities.
Sec. 863. Applicability of competition exceptions to eligibility of
National Guard for financial assistance for
performance of additional duties.
Sec. 864. Management plan for contractor security personnel.
Sec. 865. Report on contractor performance of security, intelligence,
law enforcement, and criminal justice
functions in Iraq.
Sec. 866. Accreditation study of commercial off-the-shelf processes for
evaluating information technology products
and services.
Sec. 867. Inapplicability of Randolph-Sheppard Act to military dining
facilities.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Reserve Components
Sec. 901. Modification of stated purpose of the reserve components.
Sec. 902. Commission on the National Guard and Reserves.
Sec. 903. Chain of succession for the Chief of the National Guard
Bureau.
Sec. 904. Redesignation of Vice Chief of the National Guard Bureau as
Director of the Joint Staff of the National
Guard Bureau.
Sec. 905. Authority to redesignate the Naval Reserve.
Subtitle B--Other Matters
Sec. 911. Study of roles and authorities of the Director of Defense
Research and Engineering.
Sec. 912. Directors of Small Business Programs.
Sec. 913. Leadership positions for the Naval Postgraduate School.
Sec. 914. United States Military Cancer Institute.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. United States contribution to NATO common-funded budgets in
fiscal year 2005.
Sec. 1003. Reduction in overall authorization due to inflation savings.
Sec. 1004. Defense business systems investment management.
Sec. 1005. Uniform funding and management of service academy athletic
and extracurricular programs and similar
supplemental mission activities.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Exchange and sale of obsolete Navy service craft and boats.
Sec. 1012. Limitation on disposal of obsolete naval vessel.
Sec. 1013. Award of contracts for ship dismantling on net cost basis.
Subtitle C--Reports
Sec. 1021. Report on contractor security in Iraq.
Subtitle D--Matters Relating to Space
Sec. 1031. Space posture review.
Sec. 1032. Panel on the Future of Military Space Launch.
Sec. 1033. Operationally responsive national security payloads for
space satellites.
Sec. 1034. Nondisclosure of certain products of commercial satellite
operations.
Subtitle E--Defense Against Terrorism
Sec. 1041. Temporary acceptance of communications equipment provided by
local public safety agencies.
Sec. 1042. Full-time dedication of airlift support for homeland defense
operations.
Sec. 1043. Survivability of critical systems exposed to chemical or
biological contamination.
Subtitle F--Matters Relating to Other Nations
Sec. 1051. Humanitarian assistance for the detection and clearance of
landmines and explosive remnants of war.
Sec. 1052. Use of funds for unified counterdrug and counterterrorism
campaign in Colombia.
Sec. 1053. Assistance to Iraq and Afghanistan military and security
forces.
Sec. 1054. Assignment of NATO naval personnel to submarine safety
research and development programs.
Subtitle G--Other Matters
Sec. 1061. Technical amendments relating to definitions of general
applicability in title 10, United States
Code.
Sec. 1062. Two-year extension of authority of Secretary of Defense to
engage in commercial activities as security
for intelligence collection activities
abroad.
Sec. 1063. Liability protection for persons voluntarily providing
maritime-related services accepted by the
Navy.
Sec. 1064. Licensing of intellectual property.
Sec. 1065. Delay of electronic voting demonstration project.
Sec. 1066. War risk insurance for merchant marine vessels.
Sec. 1067. Repeal of quarterly reporting requirement concerning
payments for District of Columbia water and
sewer services and establishment of annual
report by Treasury.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY
Sec. 1101. Science, mathematics, and research for transformation
(SMART) defense scholarship pilot program.
Sec. 1102. Foreign language proficiency pay.
Sec. 1103. Pay and performance appraisal parity for civilian
intelligence personnel.
Sec. 1104. Accumulation of annual leave by intelligence senior level
employees.
Sec. 1105. Pay parity for senior executives in defense nonappropriated
fund instrumentalities.
Sec. 1106. Health benefits program for employees of nonappropriated
fund instrumentalities.
TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1201. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1202. Funding allocations.
Sec. 1203. Modification and waiver of limitation on use of funds for
chemical weapons destruction facilities in
Russia.
Sec. 1204. Inclusion of descriptive summaries in annual Cooperative
Threat Reduction reports and budget
justification materials.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2004 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year
2003 project.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2004 projects.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 2002
projects.
Sec. 2703. Extension of authorization of certain fiscal year 2001
project.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Increase in thresholds for unspecified minor military
construction projects.
Sec. 2802. Modification of approval and notice requirements for
facility repair projects.
Sec. 2803. Additional reporting requirements relating to alternative
authority for acquisition and improvement
of military housing.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Recodification and consolidation of certain authorities and
limitations relating to real property
administration.
Sec. 2812. Modification and enhancement of authorities on facilities
for reserve components.
Sec. 2813. Authority to exchange or sell reserve component facilities
and lands to obtain new reserve component
facilities and lands.
Subtitle C--Land Conveyances
Sec. 2821. Transfer of administrative jurisdiction, Defense Supply
Center, Columbus, Ohio.
Sec. 2822. Land conveyance, Browning Army Reserve Center, Utah.
Sec. 2823. Land exchange, Arlington County, Virginia.
Sec. 2824. Land conveyance, Hampton, Virginia.
Sec. 2825. Land conveyance, Seattle, Washington.
Sec. 2826. Transfer of jurisdiction, Nebraska Avenue Naval Complex,
District of Columbia.
Sec. 2827. Land conveyance, Honolulu, Hawaii.
Sec. 2828. Land conveyance, Portsmouth, Virginia.
Sec. 2829. Land conveyance, former Griffiss Air Force Base, New York.
Subtitle D--Other Matters
Sec. 2841. Department of Defense Follow-On Laboratory Revitalization
Demonstration Program.
Sec. 2842. Jurisdiction and utilization of former public domain lands,
Umatilla Chemical Depot, Oregon.
Sec. 2843. Development of heritage center for the National Museum of
the United States Army.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Limitation on availability of funds for Modern Pit Facility.
Sec. 3112. Limitation on availability of funds for Advanced Nuclear
Weapons Concepts Initiative.
Sec. 3113. Limited authority to carry out new projects under Facilities
and Infrastructure Recapitalization Program
after project selection deadline.
Sec. 3114. Modification of milestone and report requirements for
National Ignition Facility.
Sec. 3115. Modification of submittal date of annual plan for
stewardship, management, and certification
of warheads in the nuclear weapons
stockpile.
Sec. 3116. Defense site acceleration completion.
Sec. 3117. Annual report on expenditures for safeguards and security.
Sec. 3118. Authority to consolidate counterintelligence offices of
Department of Energy and National Nuclear
Security Administration within National
Nuclear Security Administration.
Sec. 3119. Treatment of disposition waste from reprocessing of low-
level or transuranic waste.
Sec. 3120. Local stakeholder organizations for Department of Energy
environmental management 2006 closure
sites.
Sec. 3121. Report on maintenance of retirement benefits for certain
workers at 2006 closure sites after closure
of sites.
Subtitle C--Proliferation Matters
Sec. 3131. Modification of authority to use international nuclear
materials protection and cooperation
program funds outside the former Soviet
Union.
Subtitle D--Other Matters
Sec. 3141. Indemnification of Department of Energy contractors.
Sec. 3142. Two-year extension of authority for appointment of certain
scientific, engineering, and technical
personnel.
Sec. 3143. Enhancement of Energy Employees Occupational Illness
Compensation Program authorities.
Sec. 3144. Support for public education in the vicinity of Los Alamos
National Laboratory, New Mexico.
Sec. 3145. Review of Waste Isolation Pilot Plant, New Mexico, pursuant
to competitive contract.
Sec. 3146. Compensation of Pajarito Plateau, New Mexico, homesteaders
for acquisition of lands for Manhattan
Project in World War II.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Disposal of ferromanganese.
Sec. 3302. Revisions to required receipt objectives for certain
previously authorized disposals from the
National Defense Stockpile.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2005
for procurement for the Army as follows:
(1) For aircraft, $2,702,640,000.
(2) For missiles, $1,488,321,000.
(3) For weapons and tracked combat vehicles,
$1,693,595,000.
(4) For ammunition, $1,598,302,000.
(5) For other procurement, $5,384,296,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 2005 for procurement for the Navy as follows:
(1) For aircraft, $8,870,832,000.
(2) For weapons, including missiles and torpedoes,
$2,183,829,000.
(3) For shipbuilding and conversion, $10,127,027,000.
(4) For other procurement, $4,904,978,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2005 for procurement for the Marine Corps in the amount
of $1,303,203,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2005 for procurement of ammunition
for the Navy and the Marine Corps in the amount of $873,140,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2005
for procurement for the Air Force as follows:
(1) For aircraft, $13,033,674,000.
(2) For missiles, $4,635,613,000.
(3) For ammunition, $1,396,457,000.
(4) For other procurement, $13,298,257,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2005
for Defense-wide procurement in the amount of $2,967,402,000.
Subtitle B--Army Programs
SEC. 111. LIGHT UTILITY HELICOPTER PROGRAM.
(a) Limitation.--Of the funds authorized to be appropriated under
section 101(1) for the procurement of light utility helicopters,
$45,000,000 may not be obligated or expended until 30 days after the
date on which the Secretary of the Army submits to the congressional
defense committees a report that contains--
(1) the Secretary's certification that all required
documentation for the acquisition of light utility helicopters
has been completed and approved; and
(2) the Army aviation modernization plan required by
subsection (b).
(b) Army Aviation Modernization Plan.--(1) Not later than March 1,
2005, the Secretary of the Army shall submit to the congressional
defense committees an updated modernization plan for Army aviation.
(2) The updated Army aviation modernization plan shall contain, at
a minimum, the following matters:
(A) The analysis on which the plan is based.
(B) A discussion of the Secretary's decision to terminate
the Comanche helicopter program and to restructure the aviation
force of the Army.
(C) The actions taken or to be taken to accelerate the
procurement and development of aircraft survivability equipment
for Army aircraft, together with a detailed list of aircraft
survivability equipment that specifies such equipment by
platform and by the related programmatic funding for
procurement.
(D) A discussion of the conversion of Apache helicopters to
block III configuration, including the rationale for converting
only 501 Apache helicopters to that configuration and the costs
associated with a conversion of all Apache helicopters to the
block III configuration.
(E) A discussion of the procurement of light armed
reconnaissance helicopters, including the rationale for the
requirement for light armed reconnaissance helicopters and a
discussion of the costs associated with upgrading the light
armed reconnaissance helicopter to meet Army requirements.
(F) The rationale for the Army's requirement for light
utility helicopters, together with a summary and copy of the
analysis of the alternative means for meeting such requirement
that the Secretary considered in the determination to procure
light utility helicopters, including, at a minimum, the
analysis of the alternative of using light armed reconnaissance
helicopters and UH-60 Black Hawk helicopters instead of light
utility helicopters to meet such requirement.
(G) The rationale for the procurement of cargo fixed-wing
aircraft.
(H) The rationale for the initiation of a joint multi-role
helicopter program.
(I) A description of the operational employment of the
Army's restructured aviation force.
SEC. 112. AUTHORIZATION OF APPROPRIATIONS FOR UP-ARMORED HIGH MOBILITY
MULTI-PURPOSE WHEELED VEHICLES OR WHEELED VEHICLE
BALLISTIC ADD-ON ARMOR PROTECTION.
(a) Additional Amount for Other Procurement, Army.--Funds are
hereby authorized to be appropriated for the Army for fiscal year 2005
for other procurement in the total amount of $610,000,000. Such amount
is in addition to the total amount authorized to be appropriated under
section 101.
(b) Purposes.--The amount authorized to be appropriated under
subsection (a) shall be available for both of the following purposes
and may be used for either or both of such purposes:
(1) The procurement of up-armored high mobility multi-
purpose wheeled vehicles at a rate up to 450 such vehicles each
month.
(2) The procurement of wheeled vehicle ballistic add-on
armor protection.
(c) Allocation by Secretary of the Army.--(1) The Secretary of the
Army shall allocate the amount authorized to be appropriated in
subsection (a) between the two purposes set forth in subsection (b) as
the Secretary determines appropriate to meet the requirements of the
Army.
(2) Not later than 15 days before making an allocation under
paragraph (1), the Secretary shall transmit a notification of the
proposed allocation to the congressional defense committees.
(d) Prohibition on Use for Other Purposes.--The amount authorized
to be appropriated under subsection (a) may not be used for any purpose
other than a purpose specified in subsection (b).
Subtitle C--Navy Programs
SEC. 121. LHA(R) AMPHIBIOUS ASSAULT SHIP PROGRAM.
(a) Authorization of Ship.--The Secretary of the Navy is authorized
to procure the first amphibious assault ship of the LHA(R) class,
subject to the availability of appropriations for that purpose.
(b) Authorized Amount.--Of the amount authorized to be appropriated
under section 102(a)(3) for fiscal year 2005, $150,000,000 shall be
available for the advance procurement and advance construction of
components for the first amphibious assault ship of the LHA(R) class.
The Secretary of the Navy may enter into a contract or contracts with
the shipbuilder and other entities for the advance procurement and
advance construction of those components.
SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR THE LIGHT WEIGHT 155-
MILLIMETER HOWITZER PROGRAM.
(a) Authority.--Beginning with the fiscal year 2005 program year,
the Secretary of the Navy may, in accordance with section 2306b of
title 10, United States Code, enter into a multiyear contract for the
procurement of the light weight 155-millimeter howitzer.
(b) Limitation.--The Secretary may not enter into a multiyear
contract for the procurement of light weight 155 millimeter howitzers
under subsection (a) until the Secretary determines on the basis of
operational testing that the light weight 155-millimeter howitzer is
effective for fleet use.
SEC. 123. PILOT PROGRAM FOR FLEXIBLE FUNDING OF SUBMARINE ENGINEERED
REFUELING OVERHAUL AND CONVERSION.
(a) Establishment.--The Secretary of the Navy may carry out a pilot
program of flexible funding of engineered refueling overhauls and
conversions of submarines in accordance with this section.
(b) Authority.--Under the pilot program, the Secretary of the Navy
may, subject to subsection (d), transfer amounts described in
subsection (c) to the appropriation for the Navy for procurement for
shipbuilding and conversion for any fiscal year to continue to provide
funds for any engineered refueling conversion or overhaul of a
submarine of the Navy for which funds were initially provided from the
appropriation to which transferred.
(c) Funds Available for Transfer.--The amounts available for
transfer under this section are amounts appropriated to the Navy for
any fiscal year after fiscal year 2004 and before fiscal year 2013 for
the following purposes:
(1) For procurement as follows:
(A) For shipbuilding and conversion.
(B) For weapons procurement.
(C) For other procurement.
(2) For operation and maintenance.
(d) Limitations.--(1) A transfer may be made with respect to a
submarine under this section only to meet either (or both) of the
following requirements:
(A) An increase in the size of the workload for engineered
refueling overhaul and conversion to meet existing requirements
for the submarine.
(B) A new engineered refueling overhaul and conversion
requirement resulting from a revision of the original baseline
engineered refueling overhaul and conversion program for the
submarine.
(2) A transfer may not be made under this section before the date
that is 30 days after the date on which the Secretary of the Navy
transmits to the congressional defense committees a written
notification of the intended transfer. The notification shall include
the following matters:
(A) The purpose of the transfer.
(B) The amounts to be transferred.
(C) Each account from which the funds are to be
transferred.
(D) Each program, project, or activity from which the funds
are to be transferred.
(E) Each account to which the funds are to be transferred.
(F) A discussion of the implications of the transfer for
the total cost of the submarine engineered refueling overhaul
and conversion program for which the transfer is to be made.
(e) Merger of Funds.--Amounts transferred to an appropriation with
respect to the engineered refueling overhaul and conversion of a
submarine under this section shall be credited to and merged with other
funds in the appropriation to which transferred and shall be available
for the engineered refueling overhaul and conversion of such submarine
for the same period as the appropriation to which transferred.
(f) Relationship to Other Transfer Authority.--The authority to
transfer funds under this section is in addition to any other authority
provided by law to transfer appropriated funds and is not subject to
any restriction, limitation, or procedure that is applicable to the
exercise of any such other authority.
(g) Final Report.--Not later than October 1, 2011, the Secretary of
the Navy shall submit to the congressional defense committees a report
containing the Secretary's evaluation of the efficacy of the authority
provided under this section.
(h) Termination of Program.--No transfer may be made under this
section after September 30, 2012.
Subtitle D--Air Force Programs
SEC. 131. PROHIBITION OF RETIREMENT OF
KC-135E AIRCRAFT.
The Secretary of the Air Force may not retire any KC-135E aircraft
of the Air Force in fiscal year 2005.
SEC. 132. PROHIBITION OF RETIREMENT OF
F-117 AIRCRAFT.
No F-117 aircraft in use by the Air Force during fiscal year 2004
may be retired during fiscal year 2005.
Subtitle E--Other Matters
SEC. 141. REPORT ON OPTIONS FOR ACQUISITION OF PRECISION-GUIDED
MUNITIONS.
(a) Requirement for Report.--Not later than March 1, 2005, the
Secretary of Defense shall submit a report on options for the
acquisition of precision-guided munitions to the congressional defense
committees.
(b) Content of Report.--The report shall include the following
matters:
(1) A list of the precision-guided munitions in the
inventory of the Department of Defense.
(2) For each such munition--
(A) the inventory level as of the most recent date
that it is feasible to specify when the report is
prepared;
(B) the inventory objective that is necessary to
execute the current National Military Strategy
prescribed by the Chairman of the Joint Chiefs of
Staff;
(C) the year in which that inventory objective
would be expected to be achieved--
(i) if the munition were procured at the
minimum sustained production rate;
(ii) if the munition were procured at the
most economic production rate; and
(iii) if the munition were procured at the
maximum production rate; and
(D) the procurement cost (in constant fiscal year
2004 dollars) at each of the production rates specified
in subparagraph (C).
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, $9,698,958,000.
(2) For the Navy, $16,679,391,000.
(3) For the Air Force, $21,264,267,000.
(4) For Defense-wide activities, $20,635,937,000, of which
$309,135,000 is authorized for the Director of Operational Test
and Evaluation.
SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY.
(a) Amount for Projects.--Of the total amount authorized to be
appropriated by section 201, $10,998,850,000 shall be available for
science and technology projects.
(b) Science and Technology Defined.--In this section, the term
``science and technology project'' means work funded in program
elements for defense research, development, test, and evaluation under
Department of Defense budget activities 1, 2, or 3.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. DD(X)-CLASS DESTROYER PROGRAM.
(a) Authorization of Ship.--For the second destroyer in the DD(X)-
class destroyer program, the Secretary of the Navy is authorized to use
funds authorized to be appropriated to the Navy under section 201(2).
(b) Amount for Detail Design.--Of the amount authorized to be
appropriated under section 201(2) for fiscal year 2005, $99,400,000
shall be available for the detail design of the second destroyer of the
DD(X)-class.
SEC. 212. GLOBAL POSITIONING SYSTEM III SATELLITE.
Not more than 80 percent of the amount authorized to be
appropriated by section 201(4) and available for the purpose of
research, development, test, and evaluation on the Global Positioning
System III satellite may be obligated or expended for that purpose
until the Secretary of Defense--
(1) completes an analysis of alternatives for the satellite
and ground architectures, satellite technologies, and tactics,
techniques, and procedures for the next generation global
positioning system (GPS); and
(2) submits to the congressional defense committees a
report on the results of the analysis, including an assessment
of the results of the analysis.
SEC. 213. INITIATION OF CONCEPT DEMONSTRATION OF GLOBAL HAWK HIGH
ALTITUDE ENDURANCE UNMANNED AERIAL VEHICLE.
Section 221(c) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106-398; 114 Stat. 1654A-40) is amended by striking ``March 1,
2001'' and inserting ``March 1, 2005''.
SEC. 214. JOINT UNMANNED COMBAT AIR SYSTEMS PROGRAM.
(a) Executive Committee.--(1) The Secretary of Defense shall,
subject to subsection (b), establish and require an executive committee
to provide guidance and recommendations for the management of the Joint
Unmanned Combat Air Systems program to the Director of the Defense
Advanced Research Projects Agency and the personnel who are managing
the program for such agency.
(2) The executive committee established under paragraph (1) shall
be composed of the following members:
(A) The Under Secretary of Defense for Acquisition,
Technology, and Logistics, who shall chair the executive
committee.
(B) The Assistant Secretary of the Navy for Research,
Development, and Acquisition.
(C) The Assistant Secretary of the Air Force for
Acquisition.
(D) The Deputy Chief of Naval Operations for Warfare
Requirements and Programs.
(E) The Deputy Chief of Staff of the Air Force for Air and
Space Operations.
(F) Any additional personnel of the Department of Defense
whom the Secretary determines appropriate for membership on the
executive committee.
(b) Applicability Only to DARPA-Managed Program.--The requirements
of subsection (a) apply with respect to the Joint Unmanned Combat Air
Systems program only while the program is managed by the Defense
Advanced Research Projects Agency.
SEC. 215. JOINT STRIKE FIGHTER AIRCRAFT PROGRAM.
(a) Requirement for Study.--The Secretary of Defense shall require
the Defense Science Board to conduct a study on the Joint Strike
Fighter aircraft program.
(b) Matters To Be Studied.--The study shall include, for each of
the three variants of the Joint Strike Fighter aircraft, the following
matters:
(1) The current status.
(2) The extent of the effects of excess aircraft weight on
estimated performance.
(3) The validity of the technical approaches being
considered to achieve the required performance.
(4) The risks of those technical approaches.
(5) A list of any alternative technical approaches that
have the potential to achieve the required performance.
(c) Report.--The Secretary shall submit a report on the results of
the study to the congressional defense committees at the same time that
the President submits the budget for fiscal year 2006 to Congress under
section 1105(a) of title 31, United States Code.
SEC. 216. JOINT EXPERIMENTATION.
(a) Defense-Wide Program Element.--The Secretary of Defense shall
plan, program, and budget for all joint experimentation of the Armed
Forces as a separate, dedicated program element under research,
development, test, and evaluation, Defense-wide activities.
(b) Applicability to Fiscal Years After Fiscal Year 2005.--This
section shall apply with respect to fiscal years beginning after 2005.
Subtitle C--Ballistic Missile Defense
SEC. 221. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.
Funds authorized to be appropriated under section 201(4) for the
Missile Defense Agency may be used for the development and fielding of
an initial set of ballistic missile defense capabilities.
SEC. 222. PATRIOT ADVANCE CAPABILITY-3 AND MEDIUM EXTENDED AIR DEFENSE
SYSTEM.
(a) Oversight.--In the management of the combined program for the
acquisition of the Patriot Advanced Capability-3 missile system and the
Medium Extended Air Defense System, the Secretary of Defense shall
require the Secretary of the Army to obtain the approval of the
Director of the Missile Defense Agency before the Secretary of the
Army--
(1) either--
(A) changes any system level technical
specifications that are in effect under the program as
of the date of the enactment of this Act; or
(B) establishes any new system level technical
specifications after such date;
(2) makes any significant change in a procurement quantity
(including any quantity in any future block procurement) that,
as of such date, is planned for--
(A) the Patriot Advanced Capabilities-3 missile
system; or
(B) PAC-3 configuration-3 radars, launchers, or
fire control units; or
(3) changes the baseline development schedule that is in
effect for the program as of the date of the enactment of this
Act.
(b) Definitions.--In this section:
(1) The term ``system level technical specifications'',
with respect to a system to which this section applies, means
technical specifications expressed in terms of technical
performance, including test specifications, that affect the
ability of the system to contribute to the capability of the
ballistic missile defense system of the United States, as
determined by the Director of the Missile Defense Agency.
(2) The term ``significant change'', with respect to a
planned procurement quantity, means any change of such quantity
that would result in a significant change in the contribution
that, as of the date of the enactment of this Act, is planned
for the Patriot Advanced Capability-3 system to make to the
ballistic missile defense system of the United States.
(3) The term ``baseline development schedule'' means the
schedule on which technology upgrades for the combined
acquisition program referred to in subsection (a) are planned
for development.
(4) The terms ``Patriot Advanced Capability-3'' and ``PAC-3
configuration-3''--
(A) mean the air and missile defense system that,
as of June 1, 2004, is referred to by either such name
in the management of the combined acquisition program
referred to in subsection (a); and
(B) include such system as it is improved with new
air and missile defense technologies.
SEC. 223. COMPTROLLER GENERAL ASSESSMENTS OF BALLISTIC MISSILE DEFENSE
PROGRAMS.
(a) Annual Assessments.--At the conclusion of each of 2004 through
2009, the Comptroller General of the United States shall conduct an
assessment of the extent to which each ballistic missile defense
program met the cost, scheduling, testing, and performance goals for
such program for such year as established pursuant to section 232(c) of
the National Defense Authorization Act for Fiscal Year 2002 (10 U.S.C.
2431 note).
(b) Reports on Annual Assessments.--Not later than February 15 of
each of 2005 through 2010, the Comptroller General shall submit to the
congressional defense committees a report on the assessment conducted
by the Comptroller General under subsection (a) for the previous year.
Subtitle D--Other Matters
SEC. 231. ANNUAL REPORT ON SUBMARINE TECHNOLOGY INSERTION.
(a) Report Required.--(1) For each of fiscal years 2006, 2007,
2008, and 2009, the Secretary of Defense shall submit to the
congressional defense committees a report on the submarine technologies
that are available or potentially available for insertion in submarines
of the Navy to reduce the production and operating costs of the
submarines while maintaining or improving the effectiveness of the
submarines.
(2) The annual report for a fiscal year under paragraph (1) shall
be submitted at the same time that the President submits to Congress
the budget for that fiscal year under section 1105(a) of title 31,
United States Code.
(b) Content.--The report on submarine technologies under subsection
(a) shall include, for each class of submarines of the Navy, the
following matters:
(1) A list of the technologies that have been demonstrated,
together with--
(A) a plan for the insertion of any such
technologies that have been determined appropriate for
such submarines; and
(B) the estimated cost of such technology
insertions.
(2) A list of the technologies that have not been
demonstrated, together with a plan for the demonstration of any
such technologies that have the potential for being appropriate
for such submarines.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2005
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $26,305,611,000.
(2) For the Navy, $29,702,790,000.
(3) For the Marine Corps, $3,682,727,000.
(4) For the Air Force, $27,423,560,000.
(5) For Defense-wide activities, $17,453,576,000.
(6) For the Army Reserve, $1,925,728,000.
(7) For the Naval Reserve, $1,240,038,000.
(8) For the Marine Corps Reserve, $197,496,000.
(9) For the Air Force Reserve, $2,154,790,000.
(10) For the Army National Guard, $4,227,236,000.
(11) For the Air National Guard, $4,366,738,000.
(12) For the United States Court of Appeals for the Armed
Forces, $10,825,000.
(13) For Environmental Restoration, Army, $405,598,000.
(14) For Environmental Restoration, Navy, $266,820,000.
(15) For Environmental Restoration, Air Force,
$397,368,000.
(16) For Environmental Restoration, Defense-wide,
$23,684,000.
(17) For Environmental Restoration, Formerly Used Defense
Sites, $256,516,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $59,000,000.
(19) For Cooperative Threat Reduction programs,
$409,200,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2005
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $1,625,686,000.
(2) For the National Defense Sealift Fund, $1,269,252,000.
SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) Defense Health Program.--Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2005 for
expenses, not otherwise provided for, for the Defense Health Program,
$17,992,211,000, of which--
(1) $17,555,169,000 is for Operation and Maintenance;
(2) $72,407,000 is for Research, Development, Test, and
Evaluation; and
(3) $364,635,000 is for Procurement.
(b) Chemical Agents and Munitions Destruction, Defense.--(1) Funds
are hereby authorized to be appropriated for the Department of Defense
for fiscal year 2005 for expenses, not otherwise provided for, for
Chemical Agents and Munitions Destruction, Defense, $1,518,990,000, of
which--
(A) $1,138,801,000 is for Operation and Maintenance;
(B) $301,209,000 is for Research, Development, Test, and
Evaluation; and
(C) $78,980,000 is for Procurement.
(2) Amounts authorized to be appropriated under paragraph (1) are
authorized for--
(A) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(B) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
(c) Drug Interdiction and Counter-Drug Activities, Defense-wide.--
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2005 for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-wide,
$852,697,000.
(d) Defense Inspector General.--Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2005 for
expenses, not otherwise provided for, for the Office of the Inspector
General of the Department of Defense, $164,562,000, of which--
(1) $162,362,000 is for Operation and Maintenance;
(2) $100,000 is for Research, Development, Test, and
Evaluation; and
(3) $2,100,000 is for Procurement.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 311. COMMANDER'S EMERGENCY RESPONSE PROGRAM.
(a) Funding.--Of the amounts authorized to be appropriated for
fiscal year 2005 by section 301(5) for operation and maintenance for
Defense-wide activities, not more than $300,000,000 may be made
available in fiscal year 2005 for the following:
(1) The Commander's Emergency Response Program, which was
established by the Administrator of the Coalition Provisional
Authority for the purpose of enabling United States military
commanders in Iraq to respond to urgent humanitarian relief and
reconstruction needs within their areas of responsibility by
carrying out programs to provide immediate assistance to the
people of Iraq.
(2) A similar program to enable United States military
commanders in Afghanistan to respond in such manner to similar
needs in Afghanistan.
(b) Quarterly Reports Required.--The Secretary of Defense shall
submit to the congressional defense committees on a quarterly basis
reports on the use of amounts made available under subsection (a).
SEC. 312. LIMITATION ON TRANSFERS OUT OF WORKING CAPITAL FUNDS.
Section 2208 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(r) Limitation on Transfers.--(1) Notwithstanding any authority
for transfer of funds provided in this section, no transfer may be made
out of a working capital fund or between or among working capital funds
under such authority unless the Secretary of Defense has submitted a
notification of the proposed transfer to the congressional defense
committees in accordance with customary procedures.
``(2) The amount of a transfer covered by a notification under
paragraph (1) that is proposed to be made in a fiscal year does not
count for the purpose of any limitation on the total amount of
transfers that may be made for that fiscal year under authority
provided to the Secretary of Defense in a law authorizing
appropriations for a fiscal year for military activities of the
Department of Defense or a law making appropriations for the Department
of Defense.''.
Subtitle C--Environmental Provisions
SEC. 321. PAYMENT OF CERTAIN PRIVATE CLEANUP COSTS IN CONNECTION WITH
DEFENSE ENVIRONMENTAL RESTORATION PROGRAM.
(a) Payment for Activities at Former Defense Property Subject to
Covenant for Additional Remedial Action.--Section 2701(d) of title 10,
United States Code, is amended--
(1) in paragraph (1), by striking ``paragraph (3)'' and
inserting ``paragraph (4)'';
(2) by redesignating paragraphs (2), (3), and (4), as
paragraphs (3), (4), and (5), respectively; and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Activities at certain former defense property.--In
addition to agreements under paragraph (1), the Secretary may
also enter into agreements with owners of property subject to a
covenant provided by the United States under section
120(h)(3)(A)(ii) of CERCLA (42 U.S.C. 9620(h)(3)(A)(ii)) to
reimburse the owners of such property for activities under this
section with respect to such property by reason of the
covenant.''.
(b) Source of Funds for Former BRAC Property Subject to Covenant
for Additional Remedial Action.--Section 2703 of such title is
amended--
(1) in subsection (g)(1), by striking ``The sole source''
and inserting ``Except as provided in subsection (h), the sole
source''; and
(2) by adding at the end the following new subsection:
``(h) Sole Source of Funds for Environmental Remediation at Certain
Base Realignment and Closure Sites.--In the case of property disposed
of pursuant to a base closure law and subject to a covenant described
in section 2701(d)(2) of this title, the sole source of funds for
activities under such section shall be the base closure account
established under the applicable base closure law.''.
SEC. 322. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN
COSTS IN CONNECTION WITH MOSES LAKE WELLFIELD SUPERFUND
SITE, MOSES LAKE, WASHINGTON.
(a) Authority To Reimburse.--(1) Using funds described in
subsection (b), the Secretary of Defense may transfer not more than
$524,926.54 to the Moses Lake Wellfield Superfund Site 10-6J Special
Account.
(2) The payment under paragraph (1) is to reimburse the
Environmental Protection Agency for its costs, including interest,
incurred in overseeing a remedial investigation/feasibility study
performed by the Department of the Army under the Defense Environmental
Restoration Program at the former Larson Air Force Base, Moses Lake
Superfund Site, Moses Lake, Washington.
(3) The reimbursement described in paragraph (2) is provided for in
the interagency agreement entered into by the Department of the Army
and the Environmental Protection Agency for the Moses Lake Wellfield
Superfund Site in March 1999.
(b) Source of Funds.--Any payment under subsection (a) shall be
made using funds authorized to be appropriated by section 301(17) for
operation and maintenance for Environmental Restoration, Formerly Used
Defense Sites.
(c) Use of Funds.--The Environmental Protection Agency shall use
the amount transferred under subsection (a) to pay costs incurred by
the Agency at the Moses Lake Wellfield Superfund Site.
SEC. 323. SATISFACTION OF CERTAIN AUDIT REQUIREMENTS BY THE INSPECTOR
GENERAL OF THE DEPARTMENT OF DEFENSE.
(a) Satisfaction of Requirements.--The Inspector General of the
Department of Defense shall be deemed to be in compliance with the
requirements of subsection (k) of section 111 of Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9611) if the Inspector General conducts periodic audits of the
payments, obligations, reimbursements and other uses of the Fund
described in that section, even if such audits do not occur on an
annual basis.
(b) Reports to Congress on Audits.--The Inspector General shall
submit to Congress a report on each audit conducted by the Inspector
General as described in subsection (a).
SEC. 324. COMPTROLLER GENERAL STUDY AND REPORT ON DRINKING WATER
CONTAMINATION AND RELATED HEALTH EFFECTS AT CAMP LEJEUNE,
NORTH CAROLINA.
(a) Study.--The Comptroller General of the United States shall
conduct a study on drinking water contamination and related health
effects at Camp Lejeune, North Carolina. The study shall consist of the
following:
(1) A study of the history of drinking water contamination
at Camp Lejeune to determine, to the extent practical--
(A) what contamination has been found in the
drinking water;
(B) the source of such contamination and when it
may have begun;
(C) when Marine Corps officials first became aware
of such contamination;
(D) what actions have been taken to address such
contamination;
(E) the appropriateness of such actions in light of
the state of knowledge regarding contamination of that
type, and applicable legal requirements regarding such
contamination, as of the time of such actions; and
(F) any other matters that the Comptroller General
considers appropriate.
(2) An assessment of the study on the possible health
effects associated with the drinking of contaminated drinking
water at Camp Lejeune as proposed by the Agency for Toxic
Substances and Disease Registry (ATSDR), including whether the
proposed study--
(A) will address the appropriate at-risk
populations;
(B) will encompass an appropriate timeframe;
(C) will consider all relevant health effects; and
(D) can be completed on an expedited basis without
compromising its quality.
(b) Authority To Use Experts.--The Comptroller General may use
experts in conducting the study required by subsection (a). Any such
experts shall be independent, highly qualified, and knowledgeable in
the matters covered by the study.
(c) Participation by Other Interested Parties.--In conducting the
study required by subsection (a), the Comptroller General shall ensure
that interested parties, including individuals who lived or worked at
Camp Lejeune during the period when the drinking water may have been
contaminated, have the opportunity to submit information and views on
the matters covered by the study.
(d) Construction With ATSDR Study.--The requirement under
subsection (a) that the Comptroller General conduct the study required
by paragraph (2) of that subsection may not be construed as a basis for
the delay of the study proposed by Agency for Toxic Substances and
Disease Registry as described in that subsection, but is intended to
provide an independent review of the appropriateness and credibility of
the study proposed by the Agency and to identify possible improvements
in the plan or implementation of the study proposed by the Agency.
(e) Report.--(1) Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
congressional defense committees a report on the study required by
subsection (a), including such recommendations as the Comptroller
General considers appropriate for further study or for legislative or
other action.
(2) Recommendations under paragraph (1) may include recommendations
for modifications or additions to the study proposed by the Agency for
Toxic Substances and Disease Registry, as described in subsection
(a)(2), in order to improve the study.
SEC. 325. INCREASE IN AUTHORIZED AMOUNT OF ENVIRONMENTAL REMEDIATION,
FRONT ROYAL, VIRGINIA.
Section 591(a)(2) of the Water Resources Development Act of 1999
(Public Law 106-53; 113 Stat. 378) is amended by striking
``$12,000,000'' and inserting ``$22,000,000''.
Subtitle D--Depot-Level Maintenance and Repair
SEC. 331. SIMPLIFICATION OF ANNUAL REPORTING REQUIREMENTS CONCERNING
FUNDS EXPENDED FOR DEPOT MAINTENANCE AND REPAIR
WORKLOADS.
(a) Consolidation and Revision of Departmental Reporting
Requirements.--Section 2466(d) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``February 1'' and inserting
``April 1''; and
(B) by striking ``the preceding two fiscal years''
and inserting ``the preceding fiscal year and are
projected to be expended in the fiscal year in which
submitted and ensuing fiscal years''; and
(2) by striking paragraph (2).
(b) Timing and Content of GAO Views.--Paragraph (3) of such
section--
(1) is redesignated as paragraph (2); and
(2) is amended--
(A) by striking ``60 days'' and inserting ``90
days''; and
(B) by striking ``whether--'' and all that follows
and inserting the following: ``whether the Department
of Defense has complied with the requirements of
subsection (a) for the fiscal year preceding the fiscal
year in which the report is submitted and whether the
expenditure projections for the other fiscal years
covered by the report are reasonable.''.
SEC. 332. REPEAL OF REQUIREMENT FOR ANNUAL REPORT ON MANAGEMENT OF
DEPOT EMPLOYEES.
(a) Repeal.--Section 2472 of title 10, United States Code, is
amended by striking subsection (b).
(b) Conforming Amendment.--Subsection (a) of such section is
amended by striking ``(a) Prohibition on Management by End Strength.--
''.
SEC. 333. EXTENSION OF SPECIAL TREATMENT FOR CERTAIN EXPENDITURES
INCURRED IN THE OPERATION OF CENTERS OF INDUSTRIAL AND
TECHNICAL EXCELLENCE.
Section 2474(f)(1) of title 10, United States Code, is amended by
striking ``through 2006'' and inserting ``through 2009''.
Subtitle E--Extensions of Program Authorities
SEC. 341. TWO-YEAR EXTENSION OF DEPARTMENT OF DEFENSE
TELECOMMUNICATIONS BENEFIT.
Section 344(c) of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1449) is amended by striking
``September 30, 2004'' and inserting ``September 30, 2006''.
SEC. 342. TWO-YEAR EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.
Section 343 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (10 U.S.C. 4551 note) is amended--
(1) in subsection (a), by striking ``2004'' and inserting
``2006''; and
(2) in subsection (g)--
(A) in paragraph (1), by striking ``2004'' and
inserting ``2006''; and
(B) in paragraph (2), by striking ``2003'' and
inserting ``2005''.
SEC. 343. REAUTHORIZATION OF WARRANTY CLAIMS RECOVERY PILOT PROGRAM.
Section 391(f) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 10 U.S.C. 2304 note) is amended by
striking ``September 30, 2004'' and inserting ``September 30, 2006''.
Subtitle F--Defense Dependents Education
SEC. 351. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) Continuation of Department of Defense Program for Fiscal Year
2005.--Of the amount authorized to be appropriated pursuant to section
301(5) for operation and maintenance for Defense-wide activities,
$30,000,000 shall be available only for the purpose of providing
educational agencies assistance to local educational agencies.
(b) Notification.--Not later than June 30, 2005, the Secretary of
Defense shall notify each local educational agency that is eligible for
educational agencies assistance for fiscal year 2005 of--
(1) that agency's eligibility for the assistance; and
(2) the amount of the assistance for which that agency is
eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall disburse
funds made available under subsection (a) not later than 30 days after
the date on which notification to the eligible local educational
agencies is provided pursuant to subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 20 U.S.C. 7703 note).
(2) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(3) The term ``basic support payment'' means a payment
authorized under section 8003(b)(1) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(b)(1)).
SEC. 352. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated pursuant to section
301(5) for operation and maintenance for Defense-wide activities,
$5,000,000 shall be available for payments under section 363 of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat. 1654A-77; 20
U.S.C. 7703a).
Subtitle G--Other Matters
SEC. 361. CHARGES FOR DEFENSE LOGISTICS INFORMATION SERVICES MATERIALS.
(a) Authority.--Subchapter I of chapter 8 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 197. Defense Logistics Agency: fees charged for logistics
information
``(a) Authority.--The Secretary of Defense may charge fees for
providing information in the Federal Logistics Information System
through Defense Logistics Information Services to a department or
agency of the executive branch outside the Department of Defense, or to
a State, a political subdivision of a State, or any person.
``(b) Amount.--The fee or fees prescribed under subsection (a)
shall be such amount or amounts as the Secretary of Defense determines
appropriate for recovering the costs of providing information as
described in such subsection.
``(c) Retention of Fees.--Fees collected under this section shall
be credited to the appropriation available for Defense Logistics
Information Services for the fiscal year in which collected, shall be
merged with other sums in such appropriation, and shall be available
for the same purposes and period as the appropriation with which
merged.
``(d) Defense Logistics Information Services Defined.--In this
section, the term `Defense Logistics Information Services' means the
organization within the Defense Logistics Agency that is known as
Defense Logistics Information Services.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``197. Defense Logistics Agency: fees charged for logistics
information.''.
SEC. 362. TEMPORARY AUTHORITY FOR CONTRACTOR PERFORMANCE OF SECURITY-
GUARD FUNCTIONS.
(a) Conditional Extension of Authority.--Subsection (c) of section
332 of the Bob Stump National Defense Authorization Act for Fiscal Year
2003 (Public Law 107-314; 116 Stat. 2513) is amended--
(1) by inserting ``(1)'' after ``Authority.--''; and
(2) by striking ``at the end of the three-year period'' and
all that follows through the period at the end and inserting
``at the end of September 30, 2006, except that such authority
shall not be in effect under this section for any period after
December 1, 2004, during which the Secretary has failed to
comply with the requirement to submit the plan under subsection
(d)(2).
``(2) No security-guard functions may be performed under any
contract entered into using the authority provided under this section
during any period for which the authority for contractor performance of
security-guard functions under this section is not in effect.
``(3) The term of any contract entered into using the authority
provided under this section may not extend beyond the date of the
expiration of authority under paragraph (1).''.
(b) Reaffirmation and Revision of Reporting Requirement.--
Subsection (d) of such section is amended--
(1) by striking ``180 days after the date of the enactment
of this Act,'' and inserting ``December 1, 2004,'';
(2) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (4), respectively;
(3) by inserting after ``shall--'' the following new
paragraph:
``(1) identify each contract for the performance of
security-guard functions entered into pursuant to the authority
in subsection (a) on or before September 30, 2004, including
information regarding--
``(A) each installation at which such security-
guard functions are performed or are to be performed;
``(B) the period and amount of such contract;
``(C) the number of security guards employed or to
be employed under such contract; and
``(D) the actions taken or to be taken within the
Department of Defense to ensure that the conditions
applicable under paragraph (1) of subsection (a) or
determined under paragraph (2) of such subsection are
satisfied;'';
(4) by striking ``and'' at the end of paragraph (2), as
redesignated by paragraph (2); and
(5) by inserting after paragraph (2), as so redesignated,
the following new paragraph:
``(3) identify any limitation or constraint on the end
strength of the civilian workforce of the Department of Defense
that makes it difficult to meet requirements identified under
paragraph (2) by hiring personnel as civilian employees of the
Department of Defense; and''.
SEC. 363. PILOT PROGRAM FOR PURCHASE OF CERTAIN MUNICIPAL SERVICES FOR
DEPARTMENT OF DEFENSE INSTALLATIONS.
(a) Authority.--The Secretary of Defense may carry out a pilot
program to provide for the purchase of certain services needed for a
Department of Defense installation from a county or municipality where
the installation is located.
(b) Purpose of Program.--The purpose of the pilot program is to
provide the Secretary with a basis for evaluating the efficacy of
purchasing public works, utility, and other services needed for
Department of Defense installations from counties or municipalities
where the installations are located.
(c) Services Authorized for Procurement.--Only the following
services may be purchased for a participating installation under the
pilot program:
(1) Refuse collection.
(2) Refuse disposal.
(3) Library services.
(4) Recreation services.
(5) Facility maintenance and repair.
(6) Utilities.
(d) Program Installations.--The Secretary of each military
department may designate under this section not more than two
installations of such military department for participation in the
pilot program. Only installations located in the United States are
eligible for designation under this subsection.
(e) Report.--Not later than February 1, 2010, the Secretary of
Defense shall submit to Congress a report on any pilot program carried
out under this section. The report shall include--
(1) the Secretary's evaluation of the efficacy of
purchasing public works, utility, and other services for
Department of Defense installations from counties or
municipalities where the installations are located; and
(2) any recommendations that the Secretary considers
appropriate regarding authority to make such purchases.
(f) Period of Pilot Program.--The pilot program may be carried out
during fiscal years 2005 through 2010.
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. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVE DUTY
PERSONNEL END STRENGTHS FOR FISCAL YEARS 2005 THROUGH
2009.
(a) Authority.--During fiscal years 2005 through 2009, the
Secretary of Defense is authorized to increase by up to 30,000 the end
strength authorized for the Army for such fiscal year under section
115(a)(1)(A) of title 10, United States Code, as necessary to support
the operational mission of the Army in Iraq and Afghanistan and to
achieve transformational reorganization objectives of the Army,
including objectives for increased numbers of combat brigades, unit
manning, force stabilization and shaping, and rebalancing of the active
and reserve component forces of the Army.
(b) Relationship to Presidential Waiver Authority.--Nothing in this
section shall be construed to limit the President's authority under
section 123a of title 10, United States Code, to waive any statutory
end strength in a time of war or national emergency.
(c) Relationship to Other Variance Authority.--The authority under
subsection (a) is in addition to the authority to vary authorized end
strengths that is provided in subsections (e) and (f) of section 115 of
title 10, United States Code.
(d) Budget Treatment.--If the Secretary of Defense plans to
increase the Army active duty end strength for a fiscal year under
subsection (a) of this section or pursuant to a suspension of end-
strength limitation under section 123a of title 10, United States Code,
then the budget for the Department of Defense for such fiscal year as
submitted to Congress shall specify the amounts necessary for funding
the active duty end strength of the Army in excess of 482,400 (the end
strength authorized for active duty personnel of the Army for fiscal
year 2004 in section 401(1) of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1450)).
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2005, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 83,400.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,800.
(6) The Air Force Reserve, 76,100.
(7) The Coast Guard Reserve, 10,000.
(b) Adjustments.--The end strengths prescribed by subsection (a)
for the Selected Reserve of any reserve component shall be
proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2005, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 26,602.
(2) The Army Reserve, 14,970.
(3) The Naval Reserve, 14,152.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 12,253.
(6) The Air Force Reserve, 1,900.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2005 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army Reserve, 7,299.
(2) For the Army National Guard of the United States,
25,076.
(3) For the Air Force Reserve, 9,954.
(4) For the Air National Guard of the United States,
22,956.
SEC. 414. FISCAL YEAR 2005 LIMITATIONS ON NON-DUAL STATUS TECHNICIANS.
(a) Limitations.--(1) Within the limitation provided in section
10217(c)(2) of title 10, United States Code, the number of non-dual
status technicians employed by the National Guard as of September 30,
2005, may not exceed the following:
(A) For the Army National Guard of the United States,
1,600.
(B) For the Air National Guard of the United States, 350.
(2) The number of non-dual status technicians employed by the Army
Reserve as of September 30, 2005, may not exceed 795.
(3) The number of non-dual status technicians employed by the Air
Force Reserve as of September 30, 2005, may not exceed 90.
(b) Non-Dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given the term in
section 10217(a) of title 10, United States Code.
SEC. 415. AUTHORIZED STRENGTHS FOR MARINE CORPS RESERVE OFFICERS IN
ACTIVE STATUS IN GRADES BELOW GENERAL OFFICER.
(a) Increased Strengths for Field Grade and Company Grade
Officers.--Section 12005(c)(1), of title 10, United States Code, is
amended by amending the table to read as follows:
``Colonel............................................ 2 percent
``Lieutenant colonel................................. 8 percent
``Major.............................................. 16 percent
``Captain............................................ 39 percent
``First lieutenant and second lieutenant (when 35 percent.''.
combined with the number authorized for general
officer grades under section 12004 of this title).
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2004.
Subtitle C--Authorizations of Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 2005 a total of
$104,535,458,000. The authorization in the preceding sentence
supersedes any other authorization of appropriations (definite or
indefinite) for such purpose for fiscal year 2005.
SEC. 422. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2005
from the Armed Forces Retirement Home Trust Fund the sum of $61,195,000
for the operation of the Armed Forces Retirement Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Joint Officer Personnel Management
SEC. 501. MODIFICATION OF CONDITIONS OF ELIGIBILITY FOR WAIVER OF JOINT
DUTY CREDIT REQUIREMENT FOR PROMOTION TO GENERAL OR FLAG
OFFICER.
(a) Career Field Specialties With No Joint Requirements.--Paragraph
(2) of section 619a(b) of title 10, United States Code, is amended by
striking ``scientific and technical qualifications'' and inserting
``career field specialty qualifications''.
(b) Officers Selected for Promotion While in Joint Duty
Assignment.--Paragraph (4) of such section is amended by striking
``if--'' and all that follows and inserting ``if the officer's total
consecutive service in joint duty assignments meets the requirements of
section 664 of this title for credit for having completed a full tour
of duty in a joint duty assignment.''.
SEC. 502. MANAGEMENT OF JOINT SPECIALTY OFFICERS.
(a) Education and Experience Requirements.--(1) Subsection (c) of
section 661 of title 10, United States Code, is amended by striking
paragraph (1) and inserting the following: ``(1) An officer shall have
the joint specialty (and shall be designated with a joint specialty
officer identifier) upon--
``(A) successfully completing (in any sequence)--
``(i) a program accredited by Chairman of the Joint
Chiefs of Staff that is presented by a joint
professional military education institution; and
``(ii) a full tour of duty in a joint duty
assignment; or
``(B) completing two full tours of duty in joint duty
assignments.''.
(2) Subsection (c) of such section is further amended--
(A) by striking paragraphs (2) and (3); and
(B) by redesignating paragraph (4) as paragraph (2).
(b) Designation of Joint Specialty General and Flag Officer
Positions.--Section 661 of such title is further amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Joint Specialty Officer Designation for General and Flag
Positions.--(1) The Secretary of Defense shall ensure that the general
and flag officer positions required to be filled by officers with the
joint specialty as joint duty assignments are designated as such.
``(2) An officer without the joint specialty may be assigned to a
position designated under paragraph (1) only if the Secretary of
Defense determines that the assignment of that officer to such position
is necessary and waives the requirement to assign an officer with the
joint specialty to that position.''.
SEC. 503. REVISED PROMOTION POLICY OBJECTIVES FOR JOINT OFFICERS.
(a) Qualifications.--Subsection (a) of section 662 of title 10,
United States Code, is amended to read as follows:
``(a) Qualifications.--(1) The Secretary of a military department
shall prescribe for the officers in each of the armed forces under the
jurisdiction of such Secretary policies and procedures to ensure that
an adequate number of senior colonels, or in the case of the Navy,
senior captains, who are serving in or have served in joint duty
assignments meet the requirements of section 619a of this title for
eligibility for promotion to brigadier general and rear admiral (lower
half).
``(2) The Secretary of Defense shall ensure that the qualifications
of officers assigned to joint duty assignments are such that--
``(A) officers who are serving on or have served on the
Joint Staff are expected, as a group, to be promoted to the
next higher grade at a rate not less than the rate for officers
of the same armed force in the same grade and competitive
category who are serving on the headquarters staff of their
armed force; and
``(B) officers who are serving in or have served in joint
duty assignments are expected, as a group, to be promoted to
the next higher grade at a rate not less than the rate for all
officers of the same armed force in the same grade and
competitive category.
``(3) The Secretary of Defense shall prescribe policies to ensure
that the Secretaries of the military departments provide for promotion
selection boards to give appropriate consideration to officers who are
serving in or have served in joint duty assignments and are eligible
for consideration by such boards.''.
(b) Conforming Amendment.--Subsection (b) of such section is
amended by striking ``paragraphs (1), (2), and (3) of subsection (a)''
and inserting ``subparagraphs (A) and (B) of subsection (a)(2)''.
SEC. 504. LENGTH OF JOINT DUTY ASSIGNMENTS.
Section 664 of title 10, United States Code, is amended by striking
subsection (b) and all that follows and inserting the following new
subsections:
``(b) Full Credit for Joint Duty.--An officer shall be credited
with having completed a full tour of duty in a joint duty assignment
upon the completion of any of the following:
``(1) Service in a joint duty assignment that meets the
standards of subsection (a).
``(2) Service in a joint duty assignment for a period that
equals or exceeds the standard length of the joint duty
assignments that is prescribed under subsection (c) for the
installation or other location of the officer's joint duty
assignment.
``(3) Cumulative service of at least one year on one or
more headquarters staffs within a United States or
multinational joint task force.
``(4) Service in a second joint duty assignment for not
less than 24 months, without regard to how much of the
officer's service in the first joint duty assignment has been
credited as service in a joint duty assignment.
``(5) Any service in a joint duty assignment if the
Secretary of Defense has granted a waiver for such officer
under subsection (d).
``(c) Standard Length of Joint Duty Assignments.--The Secretary of
Defense shall prescribe in regulations, for each installation and other
location authorized joint duty assignment positions, the standard
length of the joint duty assignments in such positions at that
installation or other location, as the case may be.
``(d) Waiver Authority.--The Secretary of Defense may waive the
applicability of this section in the case of any particular officer if
the Secretary determines that it is in the national security interests
of the United States to do so.''.
SEC. 505. REPEAL OF MINIMUM PERIOD REQUIREMENT FOR PHASE II JOINT
PROFESSIONAL MILITARY EDUCATION.
Section 663 of title 10, United States Code, is amended by striking
subsection (e).
SEC. 506. REVISED DEFINITIONS APPLICABLE TO JOINT DUTY.
(a) Joint Duty Assignment.--Subsection (b)(2) of section 668 of
title 10, United States Code, is amended by striking ``a list'' in the
matter preceding subparagraph (A) and inserting ``a joint duty
assignment list''.
(b) Tour of Duty.--Subsection (c) of such section is amended to
read as follows:
``(c) Tour of Duty.--In this chapter, the term `tour of duty'
includes two or more consecutive tours of duty in joint duty assignment
positions that is credited as service in a joint duty assignment under
this chapter.''.
Subtitle B--Other Officer Personnel Policy
SEC. 511. TRANSITION OF ACTIVE-DUTY LIST OFFICER FORCE TO A FORCE OF
ALL REGULAR OFFICERS.
(a) Original Appointments as Commissioned Officers.--(1) Section
532 of title 10, United States Code, is amended by striking subsection
(e).
(2) Subsection (a)(2) of such section is amended by striking
``fifty-fifth birthday'' and inserting ``sixty-second birthday''.
(3)(A) Such section 532, as amended by paragraph (1), is further
amended by adding at the end the following new subsection (e):
``(e) For an original appointment in a grade below major or, in the
case of the Navy, a grade below lieutenant commander under subsection
(a), the Secretary of Defense may waive the applicability of the
requirement of subsection (a)(1) to an alien lawfully admitted to
permanent residence in the United States when the Secretary determines
that it is the national security interests of the United States to do
so.''.
(B) Section 619(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(5) An officer in the grade of captain or, in the case of
the Navy, lieutenant who is not a citizen of the United
States.''.
(4) Section 531(a) of such title is amended to read as follows:
``(a)(1) Original appointments in the grades of second lieutenant
through captain in the Regular Army, Regular Air Force, and Regular
Marine Corps and in the grades of ensign through lieutenant in the
Regular Navy shall be made by the President. The President may delegate
to the Secretary of Defense authority to make such appointments.
``(2) Original appointments in the grades of major, lieutenant
colonel, and colonel in the Regular Army, Regular Air Force, and
Regular Marine Corps and in the grades of lieutenant commander,
commander, and captain in the Regular Navy shall be made by the
President, by and with the advice and consent of the Senate.''.
(b) Repeal of Total Strength Limitation for Active Duty Regular
Commissioned Officers.--(1) Section 522 of title 10, United States
Code, is repealed.
(2) The table of sections at the beginning of chapter 32 of such
title is amended by striking the item relating to section 522.
(c) Force Shaping Authority.--(1)(A) Subchapter V of chapter 36 of
such title is amended by adding at the end the following new section:
``Sec. 647. Force shaping authority
``(a) Authority.--The Secretary concerned may, solely for the
purpose of restructuring an armed force under the jurisdiction of that
Secretary--
``(1) discharge an officer described in subsection (b); or
``(2) transfer such an officer from the active-duty list of
that armed force to the reserve active-status list of a reserve
component of that armed force.
``(b) Covered Officers.--(1) The authority under this section may
be exercised in the case of an officer who--
``(A) has completed not more than 5 years of service as a
commissioned officer in the armed forces; or
``(B) has completed more than 5 years of service as a
commissioned officer in the armed forces, but has not completed
a minimum service obligation applicable to that member.
``(2) In this subsection, the term `minimum service obligation'
means the initial period of required active duty service together with
any additional period of required active duty service incurred during
the initial period of required active duty service.
``(c) Appointment of Transferred Officers.--An officer of the
Regular Army, Regular Air Force, Regular Navy, or Regular Marine Corps
who is transferred to a reserve active-status list under this section
shall be discharged from the regular component concerned and appointed
as a reserve commissioned officer under section 12203 of this title.
``(d) Regulations.--The Secretary concerned shall prescribe
regulations for the exercise of the Secretary's authority under this
section.''.
(B) The table of sections at the beginning of such subchapter is
amended by adding at the end the following new item:
``647. Force shaping authority.''.
(2) Section 1174(e)(2)(B) of such title is amended by inserting
after ``obligated service'' the following: ``, unless the member is an
officer discharged or released under the authority of section 647 of
this title''.
(3) Section 12201(a) of such title is amended--
(A) by inserting ``(1)'' after ``(a)'';
(B) in the first sentence, by inserting ``, except as
provided in paragraph (2),'' after ``the armed force concerned
and''; and
(C) by adding at the end the following new paragraph:
``(2) An officer transferred from the active-duty list of an armed
force to a reserve active-status list of an armed force under section
647 of this title is not required to subscribe to the oath referred to
in paragraph (1) in order to qualify for an appointment under that
paragraph.''.
(4) Section 12203 of such title is amended--
(A) by redesignating subsection (b) as subsection (c); and
(B) by inserting after subsection (a) the following new
subsection (b):
``(b) Subject to the authority, direction, and control of the
President, the Secretary concerned may appoint as a reserve
commissioned officer any regular officer transferred from the active-
duty list of an armed force to the reserve active-status list of a
reserve component under section 647 of this title, notwithstanding the
requirements of subsection (a).''.
(5) Section 531 of such title is amended by adding at the end the
following new subsection:
``(c) Subject to the authority, direction, and control of the
President, an original appointment as a commissioned officer in the
Regular Army, Regular Air Force, Regular Navy, or Regular Marine Corps
may be made by the Secretary concerned in the case of a reserve
commissioned officer upon the transfer of such officer from the reserve
active-status list of a reserve component of the armed forces to the
active-duty list of an armed force, notwithstanding the requirements of
subsection (a).''.
(d) Active-Duty Ready Reserve Officers Not on Active-Duty List.--
Section 641(1)(F) of such title is amended by striking ``section
12304'' and inserting ``sections 12302 and 12304''.
(e) All Regular Officer Appointments for Students Attending the
University of Health Sciences.--Section 2114(b) of such title is
amended by striking ``Notwithstanding any other provision of law, they
shall serve'' and all that follows through ``if qualified,'' and
inserting ``Notwithstanding any other provision of law, they shall be
appointed as regular officers in the grade of O-1 and shall serve on
active duty in that grade. Upon graduation they shall be required to
serve on active duty''.
(f) Effective Date.--This section and the amendments made by this
section shall take effect 180 days after the date of the enactment of
this Act.
SEC. 512. ELIGIBILITY OF NAVY STAFF CORPS OFFICERS TO SERVE AS DEPUTY
CHIEFS OF NAVAL OPERATIONS AND ASSISTANT CHIEFS OF NAVAL
OPERATIONS.
(a) Deputy Chiefs of Naval Operations.--Section 5036(a) of title
10, United States Code, is amended by striking ``in the line''.
(b) Assistant Chiefs of Naval Operations.--Section 5037(a) of such
title is amended by striking ``in the line''.
SEC. 513. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE JOINT DUTY
EXPERIENCE AS ELIGIBILITY REQUIREMENT FOR APPOINTMENT OF
CHIEFS OF RESERVE COMPONENTS.
Sections 3038(b)(4), 5143(b)(4), 5144(b)(4), and 8038(b)(4) of
title 10, United States Code, are amended by striking ``December 31,
2004'' and inserting ``December 31, 2005''.
SEC. 514. LIMITATION ON NUMBER OF OFFICERS FROCKED TO MAJOR GENERAL AND
REAR ADMIRAL (UPPER HALF).
Section 777(d) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(2) by striking ``(d) Limitation on Number of Officers
Frocked to Specified Grades.--'' and inserting the following:
``(d) Limitation on Number of Officers Frocked to Specified
Grades.--(1) The total number of brigadier generals and Navy rear
admirals (lower half) on the active-duty list who are authorized as
described in subsection (a) to wear the insignia for the grade of major
general or rear admiral (upper half), as the case may be, may not
exceed 30.''.
Subtitle C--Reserve Component Personnel Policy
SEC. 521. REPEAL OF EXCLUSION OF ACTIVE DUTY FOR TRAINING FROM
AUTHORITY TO ORDER RESERVES TO ACTIVE DUTY.
(a) General Authority To Order Reserves to Active Duty.--Section
12301 of title 10, United States Code, is amended--
(1) in the first sentence of subsection (a), by striking
``(other than for training)'';
(2) in subsection (c)--
(A) by striking ``(other than for training)'' and
inserting ``as described in subsection (a)'' in the
first sentence; and
(B) by striking ``(other than for training)'' in
the second sentence; and
(3) in subsection (e), by striking ``(other than for
training)'' and inserting ``as described in subsection (a)''.
(b) Ready Reserve 24-Month Callup Authority.--Section 12302 of such
title is amended by striking ``(other than for training)'' in
subsections (a) and (c).
(c) Selected Reserve and Individual Ready Reserve 270-Day Callup
Authority.--Section 12304(a) of such title is amended by striking
``(other than for training)''.
(d) Standby Reserve Callup Authority.--Section 12306 of such title
is amended--
(1) in subsection (a), by striking ``active duty (other
than for training) only as provided in section 12301 of this
title'' and inserting ``active duty only as provided in section
12301 of this title, but subject to the limitations in
subsection (b)''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``(other than for
training)'' and inserting ``under section 12301(a) of
this title''; and
(B) in paragraph (2), by striking ``no other
member'' and all that follows through ``without his
consent'' and inserting ``notwithstanding section
12301(a) of this title, no other member in the Standby
Reserve may be ordered to active duty as an individual
under such section without his consent''.
SEC. 522. EXCEPTION TO MANDATORY RETENTION OF RESERVES ON ACTIVE DUTY
TO QUALIFY FOR RETIREMENT PAY.
Section 12686(a) of title 10, United States Code, is amended by
inserting ``(other than retired pay for non-regular service under
chapter 1223 of this title)'' after ``a purely military retirement
system''.
Subtitle D--Education and Training
SEC. 531. ONE-YEAR EXTENSION OF ARMY COLLEGE FIRST PILOT PROGRAM.
Section 573(h) of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 10 U.S.C. 513 note), is amended by
striking ``September 30, 2004'' and inserting ``December 31, 2005''.
SEC. 532. MILITARY RECRUITER EQUAL ACCESS TO CAMPUS.
Subsection (b)(1) of section 983 of title 10, United States Code,
is amended--
(1) by striking ``entry to campuses'' and inserting
``access to campuses''; and
(2) by inserting before the semicolon at the end the
following: ``in a manner that is at least equal in quality and
scope to the degree of access to campuses and to students that
is provided to any other employer''.
SEC. 533. EXCLUSION FROM DENIAL OF FUNDS FOR PREVENTING ROTC ACCESS TO
CAMPUS OF AMOUNTS TO COVER INDIVIDUAL COSTS OF ATTENDANCE
AT INSTITUTIONS OF HIGHER EDUCATION.
(a) Codification and Extension of Exclusion.--Subsection (d) of
section 983 of title 10, United States Code, is amended--
(1) by striking ``The'' after ``(1)'' and inserting
``Except as provided in paragraph (3), the''; and
(2) by adding at the end the following new paragraph:
``(3) Any Federal funding specified in paragraph (1) that is
provided to an institution of higher education, or to an individual, to
be available solely for student financial assistance, related
administrative costs, or costs associated with attendance, may be used
for the purpose for which the funding is provided.''.
(b) Conforming Amendments.--Subsections (a) and (b) of such section
are amended by striking ``(including a grant of funds to be available
for student aid)''.
(c) Conforming Repeal of Codified Provision.--Section 8120 of the
Department of Defense Appropriations Act, 2000 (Public Law 106-79; 10
U.S.C. 983 note), is repealed.
SEC. 534. TRANSFER OF AUTHORITY TO CONFER DEGREES UPON GRADUATES OF THE
COMMUNITY COLLEGE OF THE AIR FORCE.
(a) Authority of Air University Commander.--Subsection (a) of
section 9317 of title 10, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) an associate level degree upon graduates of the
Community College of the Air Force who fulfill the requirements
for that degree.''.
(b) Termination of Existing Authority.--(1) Paragraph (1) of
section 9315(c) of such title is amended by striking ``the commander''
and all that follows through ``at the level of associate'' and
inserting ``an academic degree at the level of associate may be
conferred under section 9317 of this title''.
(2) Paragraph (2) of such section is amended by striking ``Air
Education and Training Command of the Air Force'' and inserting ``Air
University''.
(c) Conforming and Clerical Amendments.--(1) The heading of section
9317 of title 10, United States Code, is amended by striking
``graduate-level degrees'' and inserting ``conferral of degrees''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 901 of such title is amended to read as
follows:
``9317. Air University: conferral of degrees.''.
Subtitle E--Decorations, Awards, and Commendations
SEC. 541. AWARD OF MEDAL OF HONOR TO INDIVIDUAL INTERRED IN THE TOMB OF
THE UNKNOWNS AS REPRESENTATIVE OF CASUALTIES OF A WAR.
(a) Award to Individual as Representative.--Chapter 57 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 1134. Medal of honor: award to individual interred in Tomb of
the Unknowns as representative of casualties of a war
``The medal of honor awarded posthumously to a deceased member of
the armed forces who, as an unidentified casualty of a particular war
or other armed conflict, is interred in the Tomb of the Unknowns at
Arlington National Cemetery, Virginia, is awarded to the member as the
representative of the members of the armed forces who died in such war
or other armed conflict and whose remains have not been identified, and
not to the individual personally.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1134. Medal of honor: award to individual interred in Tomb of the
Unknowns as representative of casualties of
a war.''.
SEC. 542. SEPARATE CAMPAIGN MEDALS FOR OPERATION ENDURING FREEDOM AND
FOR OPERATION IRAQI FREEDOM.
(a) Requirement.--The President shall establish a campaign medal
specifically to recognize service by members of the uniformed services
in Operation Enduring Freedom and a separate campaign medal
specifically to recognize service by members of the uniformed services
in Operation Iraqi Freedom.
(b) Eligibility.--Subject to such limitations as may be prescribed
by the President, eligibility for a campaign medal established pursuant
to subsection (a) shall be set forth in regulations to be prescribed by
the Secretary concerned (as defined in section 101 of title 10, United
States Code). In the case of regulations prescribed by the Secretaries
of the military departments, the regulations shall be subject to
approval by the Secretary of Defense and shall be uniform throughout
the Department of Defense.
Subtitle F--Military Justice
SEC. 551. REDUCED BLOOD ALCOHOL CONTENT LIMIT FOR OFFENSE OF DRUNKEN
OPERATION OF A VEHICLE, AIRCRAFT, OR VESSEL.
Section 911(b)(3) of title 10, United States Code (article
111(b)(3) of the Uniform Code of Military Justice), is amended by
striking ``0.10 grams'' in both places it appears and inserting ``0.08
grams''.
SEC. 552. WAIVER OF RECOUPMENT OF TIME LOST FOR CONFINEMENT IN
CONNECTION WITH A TRIAL.
Section 972 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Waiver of Recoupment of Time Lost for Confinement.--The
Secretary concerned shall waive liability for a period of confinement
in connection with a trial under subsection (a)(3), or exclusion of a
period of confinement in connection with a trial under subsection
(b)(3), in a case upon the occurrence of any of the following events:
``(1) For each charge--
``(A) the charge is dismissed before or during
trial in a final disposition of the charge; or
``(B) the trial results in an acquittal of the
charge.
``(2) For each charge resulting in a conviction in such
trial--
``(A) the conviction is set aside in a final
disposition of such charge, other than in a grant of
clemency; or
``(B) a judgment of acquittal or a dismissal is
entered upon a reversal of the conviction on appeal.''.
SEC. 553. DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON PREVENTION AND
RESPONSE TO SEXUAL ASSAULTS INVOLVING MEMBERS OF THE
ARMED FORCES.
(a) Comprehensive Policy on Prevention and Response to Sexual
Assaults.--(1) Not later than January 1, 2005, the Secretary of Defense
shall develop a comprehensive policy for the Department of Defense on
the prevention of and response to sexual assaults involving members of
the Armed Forces.
(2) The policy shall be based on the recommendations of the
Department of Defense Task Force on Care for Victims of Sexual Assaults
and on such other matters as the Secretary considers appropriate.
(b) Elements of Comprehensive Policy.--The policy developed under
subsection (a) shall address the following matters:
(1) Prevention measures.
(2) Education and training on prevention and response.
(3) Investigation of complaints by command and law
enforcement personnel.
(4) Medical treatment of victims.
(5) Confidential reporting of incidents.
(6) Victim advocacy and intervention.
(7) Oversight by commanders of administrative and
disciplinary actions in response to substantiated incidents of
sexual assault.
(8) Disposition of victims of sexual assault, including
review by appropriate authority of administrative separation
actions involving victims of sexual assault.
(9) Disposition of members of the Armed Forces accused of
sexual assault.
(10) Liaison and collaboration with civilian agencies on
the provision of services to victims of sexual assault.
(11) Uniform collection of data on the incidence of sexual
assaults and on disciplinary actions taken in substantiated
cases of sexual assault.
(c) Report on Improvement of Capability To Respond to Sexual
Assaults.--Not later than March 1, 2005, the Secretary of Defense shall
submit to Congress a proposal for such legislation as the Secretary
considers necessary to enhance the capability of the Department of
Defense to address matters relating to sexual assaults involving
members of the Armed Forces.
(d) Application of Comprehensive Policy To Military Departments.--
The Secretary shall ensure that, to the maximum extent practicable, the
policy developed under subsection (a) is implemented uniformly by the
military departments.
(e) Policies and Procedures of Military Departments.--(1) Not later
than March 1, 2005, the Secretaries of the military departments shall
prescribe regulations, or modify current regulations, on the policies
and procedures of the military departments on the prevention of and
response to sexual assaults involving members of the Armed Forces in
order--
(A) to conform such policies and procedures to the policy
developed under subsection (a); and
(B) to ensure that such policies and procedures include the
elements specified in paragraph (2).
(2) The elements specified in this paragraph are as follows:
(A) A program to promote awareness of the incidence of
sexual assaults involving members of the Armed Forces.
(B) A program to provide victim advocacy and intervention
for members of the Armed Force concerned who are victims of
sexual assault, which program shall make available, at home
stations and in deployed locations, trained advocates who are
readily available to intervene on behalf of such victims.
(C) Procedures for members of the Armed Force concerned to
follow in the case of an incident of sexual assault involving a
member of such Armed Force, including--
(i) specification of the person or persons to whom
the alleged offense should be reported;
(ii) specification of any other person whom the
victim should contact;
(iii) procedures for the preservation of evidence;
and
(iv) procedures for confidential reporting and for
contacting victim advocates.
(D) Procedures for disciplinary action in cases of sexual
assault by members of the Armed Force concerned.
(E) Other sanctions authorized to be imposed in
substantiated cases of sexual assault, whether forcible or
nonforcible, by members of the Armed Force concerned.
(F) Training on the policies and procedures for all members
of the Armed Force concerned, including specific training for
members of the Armed Force concerned who process allegations of
sexual assault against members of such Armed Force.
(G) Any other matters that the Secretary of Defense
considers appropriate.
(f) Annual Assessment of Policies and Procedures.--Not later than
January 15, 2006, and each year thereafter, each Secretary of a
military department shall conduct an assessment of the implementation
during the preceding fiscal year of the policies and procedures of such
department on the prevention of and response to sexual assaults
involving members of the Armed Forces in order to determine the
effectiveness of such policies and procedures during such fiscal year
in providing an appropriate response to such sexual assaults.
(g) Annual Reports.--(1) Not later than April 1, 2005, and January
15 of each year thereafter, each Secretary of a military department
shall submit to the Secretary of Defense a report on the sexual
assaults involving members of the Armed Force concerned during the
preceding year.
(2) Each report on an Armed Force under paragraph (1) shall contain
the following:
(A) The number of sexual assaults against members of the
Armed Force, and the number of sexual assaults by members of
the Armed Force, that were reported to military officials
during the year covered by such report, and the number of the
cases so reported cases that were substantiated.
(B) A synopsis of and the disciplinary action taken in each
substantiated case.
(C) The policies, procedures, and processes implemented by
the Secretary concerned during the year covered by such report
in response to incidents of sexual assault involving members of
the Armed Force concerned.
(D) A plan for the actions that are to be taken in the year
following the year covered by such report on the prevention of
and response to sexual assault involving members of the Armed
Forces concerned.
(3) Each report under paragraph (1) in 2006, 2007, and 2008 shall
also include the assessment conducted by the Secretary concerned under
subsection (f).
(4) The Secretary of Defense shall transmit to the Committees on
Armed Services of the Senate and the House of Representatives each
report submitted to the Secretary under this subsection, together with
the comments of the Secretary on each such report. The Secretary shall
transmit the report on 2004 not later than May 1, 2005, and shall
transmit the report on any year after 2004 not later than March 15 of
the year following such year.
(h) Sexual Assault Defined.--In this section, the term ``sexual
assault'' includes rape, acquaintance rape, sexual assault, and other
criminal sexual offenses.
Subtitle G--Scope of Duties of Ready Reserve Personnel in Inactive Duty
Status
SEC. 561. REDESIGNATION OF INACTIVE-DUTY TRAINING TO ENCOMPASS
OPERATIONAL AND OTHER DUTIES PERFORMED BY RESERVES WHILE
IN INACTIVE DUTY STATUS.
(a) Redesignation of Duty Status.--(1) The duty status applicable
to members of the reserve components of the Armed Forces that is known
as ``inactive-duty training'' is redesignated as ``inactive duty''.
(2) Any reference that is made in any law, regulation, document,
paper, or other record of the United States to inactive-duty training,
as such term applies to members of the reserve components of the Armed
Forces, shall be deemed to be a reference to inactive duty.
(b) Title 10 Conforming and Clerical Amendments.--(1) The following
provisions of title 10, United States Code, are amended by striking
``inactive-duty training'' each place it appears and inserting
``inactive duty'': sections 101(d)(7), 802(a)(3), 802(d)(2)(B),
802(d)(5)(B), 803(d), 936(a), 936(b), 976(a)(1)(C), 1061(b), 1074a(a),
1076(a)(2)(B), 1076(a)(2)(C), 1204(2), 1448(f)(1)(B), 1476(a)(1)(B),
1476(a)(2)(A), 1481(a)(2), 9446(a)(3), 12602(a)(3), 12602(b)(3), and
18505(a).
(2) The following provisions of such title are amended by striking
``inactive duty training'' each place it appears and inserting
``inactive duty'': sections 1086(c)(2)(B), 1175(e)(2), 1475(a)(2),
1475(a)(3), 2031(d)(2), and 10204(b).
(3) Section 1206(2) of such title is amended by striking ``in line
of duty--'' and all that follows through ``residence; or'' and
inserting the following: ``in line of duty while--
``(A) performing active duty or inactive duty;
``(B) traveling directly to or from the place at
which such duty is performed; or
``(C) remaining overnight immediately before the
commencement of inactive duty, or while remaining
overnight between successive periods of inactive-duty
training, at or in the vicinity of the site of the
inactive duty, if the site is outside reasonable
commuting distance of the member's residence;''.
(4) Section 1471(b)(3)(A) of such title is amended by striking
``for training'' in clauses (ii) and (iii).
(5) Section 1478(a) of such title is amended--
(A) in paragraph (3)--
(i) by striking ``from inactive duty training'' and
inserting ``from the location of inactive duty''; and
(ii) by striking ``on inactive duty training'' and
inserting ``on inactive duty'';
(B) in paragraph (7)--
(i) by striking ``inactive duty training'' and
inserting ``inactive duty''; and
(ii) by striking ``or training''; and
(C) in paragraph (8), by striking ``inactive duty
training'' both places it appears and inserting ``inactive
duty''.
(6) Section 12317 of such title is amended by striking ``, or to
participate in inactive duty training,'' and inserting ``inactive
duty''.
(7) Section 12319(c) of such title is amended--
(A) by striking ``inactive-duty training'' both places it
appears and inserting ``inactive duty''; and
(B) by striking ``that training)'' and inserting ``that
duty)''.
(8) Section 12603(a) of such title is amended--
(A) by striking ``inactive duty training'' and inserting
``inactive duty''; and
(B) by striking ``the training'' and inserting ``such
duty''.
(9) Section 12604(a) of such title is amended by striking ``to
inactive-duty training'' and inserting ``to perform inactive duty''.
(10)(A) The headings for sections 1204, 1206, 12603, and 18505 of
such title are amended by striking ``inactive-duty training'' and
inserting ``inactive duty''.
(B) The heading for section 1475 of such title is amended by
striking ``training''.
(C) The heading for section 1476 of such title is amended by
striking ``or training''.
(D) The heading for section 12604 of such title is amended by
striking ``attending inactive-duty training'' and inserting
``performing inactive duty''.
(11)(A) The table of sections at the beginning of chapter 61 of
such title is amended--
(i) by striking the item relating to section 1204 and
inserting the following:
``1204. Members on active duty for 30 days or less or on inactive duty:
retirement.'';
and
(ii) by striking the item relating to section 1206 and
inserting the following:
``1206. Members on active duty for 30 days or less or on inactive duty:
separation.''.
(B) The table of sections at the beginning of subchapter II of
chapter 75 of such title is amended by striking the items relating to
sections 1475 and 1476 and inserting the following:
``1475. Death gratuity: death of members on active duty or inactive
duty and of certain other persons.
``1476. Death gratuity: death after discharge or release from duty.''.
(C) The table of sections at the beginning of chapter 1217 of such
title is amended by striking the items relating to sections 12603 and
12604 and inserting the following:
``12603. Attendance of inactive duty assemblies: commercial travel at
Federal supply schedule rates.
``12604. Billeting in Department of Defense facilities: Reserves
performing inactive duty.''.
(D) The item relating to section 18505 in the table of sections at
the beginning of chapter 1805 of such title is amended to read as
follows:
``18505. Reserves traveling for inactive duty: space-required travel on
military aircraft.''.
(c) Title 14 Conforming Amendment.--Sections 704 and 705(a) of
title 14, United States Code, are amended by striking ``inactive-duty
training'' and inserting ``inactive duty''.
(d) Title 37 Conforming and Clerical Amendments.--(1) Sections
101(22), 205(e)(2)(A), and 433(d) of title 37, United States Code, are
amended by striking ``inactive-duty training'' each place it appears
and inserting ``inactive duty''.
(2) Section 204 of such title is amended--
(A) in subsection (g)(1)--
(i) in subparagraphs (B) and (D), by striking
``inactive-duty training'' each place it appears and
inserting ``inactive duty'' and
(ii) in subparagraph (C), by striking ``or
training''; and
(B) in subsection (h)(1)--
(i) in subparagraphs (B) and (D), by striking
``inactive-duty training'' each place it appears and
inserting ``inactive duty''; and
(ii) in subparagraph (C), by striking ``or
training''; and
(3) Section 206 of such title is amended--
(A) in subsection (a)(3)--
(i) by striking clause (ii) of subparagraph (A) and
inserting the following:
``(ii) inactive duty;'';
(ii) in subparagraph (B), by striking ``or
training''; and
(iii) in subparagraph (C), by striking ``inactive-
duty training'' each place it appears and inserting
``inactive duty''; and
(B) in subsection (b)(1), by inserting ``or duty'' after
``kind of training''.
(4) Section 308d(a) of such title is amended by striking ``for
training''.
(5) Section 415 of such title is amended--
(A) in subsection (a)(3), by striking ``inactive-duty
training'' and inserting ``inactive duty''; and
(B) in subsection (c)(1), by striking ``on inactive duty
training status'' and inserting ``inactive duty''.
(6) Section 552 of such title is amended--
(A) in subsection (a)--
(i) by striking ``performing inactive-duty
training,'' in the matter preceding paragraph (1), and
inserting ``inactive duty,''; and
(ii) by striking ``or inactive-duty training'' in
the second sentence and inserting ``or inactive duty'';
and
(B) in subsection (d), by striking ``inactive-duty
training'' and inserting ``on inactive duty''.
(7)(A) The heading for section 206 of such title is amended by
striking ``inactive-duty training'' and inserting ``inactive duty''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 3 of such title is amended to read as follows:
``206. Reserves; members of National Guard: inactive duty.''.
(8) The heading for subsection (c) of section 305b of such title is
amended by striking ``Duty
Training.--'' and inserting ``Duty.--''.
(9) The heading for subsection (e) of section 320 of such title is
amended by striking ``Duty
Training.--'' and inserting ``Duty.--''.
(e) Public Law 108-136.--Section 644(c) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1518) is amended by striking ``inactive-duty training'' and inserting
``inactive duty''.
SEC. 562. REPEAL OF UNNECESSARY DUTY STATUS DISTINCTION FOR FUNERAL
HONORS DUTY.
(a) Title 10 Duty.--(1) Section 12503 of title 10, United States
Code, is repealed.
(2) Section 12552 of such title is repealed.
(b) Title 32 Duty.--(1) Section 115 of title 32, United States
Code, is repealed.
(2) Section 114 of such title is amended by striking the second
sentence.
(c) Title 10 Conforming and Clerical Amendments.--Title 10, United
States Code, is amended as follows:
(1) Section 1074a(a) is amended--
(A) in paragraph (1)--
(i) by inserting ``or'' at the end of
subparagraph (A);
(ii) by striking ``; or'' at the end of
subparagraph (B) and inserting a period; and
(iii) by striking subparagraph (C);
(B) in paragraph (2)--
(i) by inserting ``or'' at the end of
subparagraph (A);
(ii) by striking ``; or'' at the end of
subparagraph (B) and inserting a period; and
(iii) by striking subparagraph (C); and
(C) by striking paragraph (4).
(2) Section 1076(a)(2) is amended by striking subparagraph
(E).
(3) Section 1204(2) is amended--
(A) by inserting ``or'' at the end of subparagraph
(A)(iii);
(B) by striking ``or'' at the end of subparagraph
(B)(iii) and inserting a period; and
(C) by striking subparagraph (C).
(4) Section 1206(2) is amended by striking ``(B) while the
member--'' and all that follows through ``immediately before so
serving;''.
(5) Section 1481(a)(2) is amended--
(A) by inserting ``or'' at the end of subparagraph
(D);
(B) by striking ``; or'' at the end of subparagraph
(E) and inserting a period; and
(C) by striking subparagraph (F).
(6) Section 12732(a)(2)(E) is amended by inserting ``(as
such section 12503 or 115, respectively, was in effect before
the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2005)'' after ``section 115 of title 32''.
(7)(A) The table of sections at the beginning of chapter
1213 is amended by striking the item relating to section 12503.
(B) The table of sections at the beginning of chapter 1215
is amended by striking the item relating to 12552.
(c) Title 32 Clerical Amendment.--The table of sections at the
beginning of chapter 1 of title 32, United States Code, is amended by
striking the item relating to section 115.
(d) Title 37 Conforming Amendments.--Section 204 of title 37,
United States Code, is amended--
(1) in subsection (g)(1)--
(A) by inserting ``or'' at the end of subparagraph
(C);
(B) by striking ``; or'' at the end of subparagraph
(D) and inserting a period; and
(C) by striking subparagraph (E); and
(2) in subsection (h)(1)--
(A) by inserting ``or'' at the end of subparagraph
(C);
(B) by striking ``; or'' at the end of subparagraph
(D) and inserting a period; and
(C) by striking subparagraph (E).
SEC. 563. CONFORMING AMENDMENTS TO OTHER LAWS REFERRING TO INACTIVE-
DUTY TRAINING.
(a) Title 5.--Section 6323(a)(1) of title 5, United States Code, is
amended by striking ``inactive-duty training'' and inserting ``inactive
duty''.
(b) Title 38.--(1) The following provisions of title 38, United
States Code, are amended by striking ``inactive duty training'' each
place it appears and inserting ``inactive duty'': sections 106(d)(1),
1112(c)(3)(A)(ii), 1302(b)(2), 1312(a)(2)(A), 1965(3), 1965(4),
1965(5), 1967(a)(1)(B), 1967(b), 1969(a)(3), 1977(e), 2402(2),
4303(13), and 4303(16).
(2) Section 1968 of such title is amended--
(A) by striking ``inactive duty training'' and inserting
``inactive duty''--
(i) in subsection (a), in the matter preceding
paragraph (1);
(ii) in subsection (a)(3); and
(iii) in subsection (b)(2); and
(B) in subsection (a)(3)--
(i) by striking ``such scheduled training period''
and inserting ``such period of scheduled duty'';
(ii) by striking ``the date of such training'' and
inserting ``the date on which such duty period ends'';
and
(iii) by striking ``such training terminated'' and
inserting ``on which such duty period ends''.
(c) Internal Revenue Code of 1986.--(1) Section 3121(m) of the
Internal Revenue Code of 1986 is amended by striking ``inactive duty
training'' in paragraphs (1)(B) and (3) and inserting ``inactive
duty''.
(2) The heading for paragraph (3) of such section is amended to
read as follows: ``Inactive duty.--''.
SEC. 564. CONFORMING AMENDMENTS TO OTHER LAWS REFERRING TO FUNERAL
HONORS DUTY.
(a) Title 5.--Section 6323(a)(1) of title 5, United States Code, is
amended by striking ``funeral honors duty (as described in section
12503 of title 10 and section 115 of title 32),''.
(b) Title 38.--Section 4303(13) of title 38, United States Code, is
amended--
(1) by inserting ``and'' after ``full-time National Guard
duty,''; and
(2) by striking ``, and a period for which a person is
absent from employment for the purpose of performing funeral
honors duty as authorized by section 12503 of title 10 or
section 115 of title 32.''.
Subtitle H--Other Matters
SEC. 571. ACCESSION OF PERSONS WITH SPECIALIZED SKILLS.
(a) Initial Service Obligation.--Subsection (a) of section 651 of
title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by striking ``deferred under the next to the last
sentence of section 6(d)(1) of the Military Selective Service
Act (50 U.S.C. App. 456(d)(1))'' and inserting ``described in
paragraph (3)''; and
(3) by adding at the end the following new paragraphs:
``(2) The Secretary concerned may--
``(A) waive the applicability of paragraph (1) to a person
who, as determined by the Secretary concerned, is accessed into
an armed force under the jurisdiction of that Secretary based
on unique skills acquired in a civilian occupation and is to
serve in that armed force in a specialty requiring those
skills; and
``(B) require any alternative period of obligated service
that the Secretary considers appropriate to meet the needs of
the armed force that such person is entering.
``(3) The requirement under paragraph (1) does not apply to a
person who is deferred under the next to the last sentence of section
6(d)(1) of the Military Selective Service Act (50 U.S.C. App.
456(d)(1)).
(b) Basic Training Period.--Subsection (c) of section 671 of such
title is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by striking ``(c)(1)'' and all that follows through
``Any such period'' in the second sentence of paragraph (1) and
inserting the following:
``(c)(1) A period of basic training (or equivalent training)
shorter than 12 weeks may be established by the Secretary concerned for
members of the armed forces who, as determined by the Secretary under
regulations prescribed under paragraph (3)--
``(A) have been credentialed in a medical profession or
occupation and are serving in a health-care occupational
specialty; or
``(B) have unique skills acquired in a civilian occupation
and are to serve in a military specialty or position requiring
those skills.
``(2) Any period of basic training under paragraph (1)''.
SEC. 572. FEDERAL WRITE-IN BALLOTS FOR ABSENTEE MILITARY VOTERS LOCATED
IN THE UNITED STATES.
(a) Duties of Presidential Designee.--Section 101(b)(3) of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff(b)(3)) is amended by striking ``overseas voters'' and inserting
``absent uniformed services voters and overseas voters''.
(b) Federal Write-In Absentee Ballot.--Section 103 of such Act (42
U.S.C. 1973ff-2) is amended--
(1) in subsection (a), by striking ``overseas voters'' and
inserting ``absent uniformed services voters and overseas
voters'';
(2) in subsection (b), by striking the second sentence and
inserting the following new sentence: ``A Federal write-in
absentee ballot of an absent uniformed services voter or
overseas voter shall not be counted--
``(1) if the application of the absent uniformed services
voter or overseas voter for a State absentee ballot is received
by the appropriate State election official after the later of--
``(A) the deadline of the State for receipt of such
application; or
``(B) the date that is 30 days before the general
election; or
``(2) if a State absentee ballot of the absent uniformed
services voter or overseas voter is received by the appropriate
State election official not later than the deadline for receipt
of the State absentee ballot under State law.'';
(3) in subsection (c)(1), by striking ``overseas voter''
and inserting ``absent uniformed services voter or overseas
voter'';
(4) in subsection (d), by striking ``overseas voter'' both
places it appears and inserting ``absent uniformed services
voter or overseas voter''; and
(5) in subsection (e)(2), by striking ``overseas voters''
and inserting ``absent uniformed services voters and overseas
voters''.
(c) Conforming Amendments.--(1) The heading of section 103 of such
Act is amended to read as follows:
``SEC. 103. FEDERAL WRITE-IN ABSENTEE BALLOT IN GENERAL ELECTIONS FOR
FEDERAL OFFICE FOR ABSENT UNIFORMED SERVICES VOTERS AND
OVERSEAS VOTERS.''.
(2) The subsection caption for subsection (d) of such section is
amended by striking ``Overseas Voter'' and inserting ``Absent Uniformed
Services Voter or Overseas Voter''.
SEC. 573. RENAMING OF NATIONAL GUARD CHALLENGE PROGRAM AND INCREASE IN
MAXIMUM FEDERAL SHARE OF COST OF STATE PROGRAMS UNDER THE
PROGRAM.
(a) Renaming.--The text of section 509 of title 32, United States
Code, is amended by striking ``National Guard Challenge Program'' each
place it appears and inserting ``National Guard Youth Challenge
Program''.
(b) Increase in Maximum Federal Share of Cost of State Programs.--
Subsection (d) of such section is amended by striking paragraphs (1),
(2), (3), and (4), and inserting the following new paragraphs:
``(1) for fiscal year 2004, 60 percent of the costs of
operating the State program during that year;
``(2) for fiscal year 2005, 65 percent of the costs of
operating the State program during that year;
``(3) for fiscal year 2006, 70 percent of the costs of
operating the State program during that year; and
``(4) for fiscal year 2007 and each subsequent fiscal year,
75 percent of the costs of operating the State program during
such year.''.
(c) Conforming and Clerical Amendments.--(1) The heading of such
section is amended to read as follows:
``Sec. 509. National Guard Youth Challenge Program of opportunities for
civilian youth''.
(2) The table of sections at the beginning of chapter 5 of such
title is amended by striking the item relating to section 509 and
inserting the following new item:
``509. National Guard Youth Challenge Program of opportunities for
civilian youth.''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. GEOGRAPHIC BASIS FOR HOUSING ALLOWANCE DURING SHORT-
ASSIGNMENT PERMANENT CHANGES OF STATION FOR EDUCATION OR
TRAINING.
(a) Authority.--Paragraph (3) of subsection (d) of section 403 of
title 37, United States Code, is amended by adding at the end the
following new subparagraph:
``(C) In the case of a member who is reassigned for a
permanent change of station or permanent change of assignment
from a duty station within the continental United States to
another duty station within the continental United States for a
period of not more than one year for the purpose of
participating in professional military education or training
classes, the amount of the basic allowance for housing for the
member may be based on whichever of the following areas the
Secretary concerned determines to provide the more equitable
basis for the allowance:
``(i) The area of the duty station to which the
member is reassigned.
``(ii) The area of the member's last duty station,
but only if, and for the period that, the member's
dependents reside in that area on and after the date of
the member's departure for the duty station to which
the member is reassigned.''.
(b) Conforming Amendment.--The heading of such subsection is
amended by striking ``Are Unable To'' and inserting ``Do Not''.
SEC. 602. IMMEDIATE LUMP-SUM REIMBURSEMENT FOR UNUSUAL NONRECURRING
EXPENSES INCURRED FOR DUTY OUTSIDE THE CONTINENTAL UNITED
STATES.
Section 405 of title 37, United States Code, is amended by adding
at the end the following new subsection:
``(d) Nonrecurring Expenses.--(1) The Secretary concerned may pay a
member of the uniformed services on duty as described in subsection (a)
a reimbursement for a nonrecurring expense incurred by the member
incident to such duty that--
``(A) is directly related to the conditions or location of
the duty;
``(B) is of a nature or a magnitude not normally incurred
by members of the uniformed services on duty inside the
continental United States; and
``(C) is not included in the per diem determined under
subsection (b) as payable to the member under subsection (a).
``(2) Any reimbursement payable to a member under paragraph (1) is
in addition to a per diem payable to that member under subsection
(a).''.
SEC. 603. PERMANENT INCREASE IN AUTHORIZED AMOUNT OF FAMILY SEPARATION
ALLOWANCE.
(a) Permanent Amount.--Subsection (a)(1) of section 427 of title
37, United States Code, is amended by striking ``$100'' and inserting
``$250''.
(b) Repeal of Temporary Authority.--Subsection (e) of such section
is repealed.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on the earlier of--
(1) the first day of the first month that begins after the
date of the enactment of this Act; or
(2) January 1, 2005.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
(a) Selected Reserve Reenlistment Bonus.--Section 308b(g) of title
37, United States Code, is amended by striking ``December 31, 2004''
and inserting ``December 31, 2005''.
(b) Selected Reserve Enlistment Bonus.--Section 308c(e) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(c) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of such title is amended by striking
``December 31, 2004'' and inserting ``December 31, 2005''.
(d) Selected Reserve Affiliation Bonus.--Section 308e(e) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(e) Ready Reserve Enlistment and Reenlistment Bonus.--Section
308h(g) of such title is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2005''.
(f) Prior Service Enlistment Bonus.--Section 308i(f) of such title
is amended by striking ``December 31, 2004'' and inserting ``December
31, 2005''.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR CERTAIN HEALTH CARE PROFESSIONALS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking ``December 31,
2004'' and inserting ``December 31, 2005''.
(b) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of such title is
amended by striking ``January 1, 2005'' and inserting ``January 1,
2006''.
(c) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking ``December 31,
2004'' and inserting ``December 31, 2005''.
(d) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December 31, 2004''
and inserting ``December 31, 2005''.
(e) Special Pay for Selected Reserve Health Professionals in
Critically Short Wartime Specialties.--Section 302g(f) of such title is
amended by striking ``December 31, 2004'' and inserting ``December 31,
2005''.
(f) Accession Bonus for Dental Officers.--Section 302h(a)(1) of
such title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR
NUCLEAR OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(e) of title 37, United States Code, is
amended by striking ``December 31, 2004'' and inserting ``December 31,
2005''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of such title
is amended by striking ``December 31, 2004'' and inserting ``December
31, 2005''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND SPECIAL PAY
AUTHORITIES.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2005''.
(b) Assignment Incentive Pay.--Section 307a(f) of such title is
amended by striking ``December 31, 2005'' and inserting ``December 31,
2006''.
(c) Reenlistment Bonus for Active Members.--Section 308(g) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(d) Enlistment Bonus for Active Members.--Section 309(e) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(e) Retention Bonus for Members With Critical Military Skills.--
Section 323(i) of such title is amended by striking ``December 31,
2004'' and inserting ``December 31, 2005''.
(f) Accession Bonus for New Officers in Critical Skills.--Section
324(g) of such title is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2005''.
SEC. 615. REDUCED SERVICE OBLIGATION FOR NURSES RECEIVING NURSE
ACCESSION BONUS.
(a) Period of Obligated Service.--Section 302d(a)(1) of title 37,
United States Code, is amended by striking ``four years'' and inserting
``three years''.
(b) Effective Date and Applicability.--The amendment made by
subsection (a) shall take effect on October 1, 2004, and shall apply
with respect to agreements entered into under section 302d of title 37,
United States Code, on or after such date.
SEC. 616. ASSIGNMENT INCENTIVE PAY.
(a) Discontinuation Upon Commencement of Terminal Leave.--(1)
Subsection (e) of section 307a of title 37, United States Code, is
amended by striking ``absence of the member for authorized leave.'' and
inserting the following:
``(2) absence of the member for authorized leave, other
than leave authorized for a period ending upon the discharge of
the member or the release of the member from active duty.''.
(2) Such subsection is further amended by striking ``by reason of''
and all that follows through ``pursuant to orders or'' and inserting
``by reason of--
``(1) temporary duty performed by the member pursuant to
orders; or''.
(b) Discretionary Written Agreements.--Subsection (b) of such
section is amended to read as follows:
``(b) Written Agreement.--The Secretary concerned may require a
member to enter into a written agreement with the Secretary in order to
qualify for the incentive pay under this section. A written agreement
under this subsection shall set forth the period for which the
incentive pay is to be provided and the monthly rate at which the
incentive pay is to be paid.''.
(c) Effective Date and Applicability.--(1) The amendments made by
subsection (a) shall take effect on October 1, 2004.
(2) Paragraph (2) of section 307a(e) of title 37, United States
Code, shall apply with respect to authorized leave for days after
September 30, 2004.
SEC. 617. PERMANENT INCREASE IN AUTHORIZED AMOUNT OF HOSTILE FIRE AND
IMMINENT DANGER SPECIAL PAY.
(a) Permanent Amount.--Subsection (a) of section 310 of title 37,
United States Code, is amended by striking ``$150'' in the matter
preceding paragraph (1) and inserting ``$225''.
(b) Repeal of Temporary Authority.--Subsection (e) of such section
is repealed.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on the earlier of--
(1) the first day of the first month that begins after the
date of the enactment of this Act; or
(2) January 1, 2005.
SEC. 618. ELIGIBILITY OF ENLISTED MEMBERS TO QUALIFY FOR CRITICAL
SKILLS RETENTION BONUS WHILE SERVING ON INDEFINITE
REENLISTMENT.
Paragraph (2) of section 323(a) of title 37, United States Code, is
amended to read as follows:
``(2) in the case of an enlisted member--
``(A) the member, if serving under an enlistment
for a definite period--
``(i) reenlists for a period of at least
one year; or
``(ii) voluntarily extends the member's
enlistment for a period of at least one year;
or
``(B) the member, if serving under an enlistment
for an indefinite period, enters into a written
agreement with the Secretary concerned to remain on
active duty for at least one year under such
enlistment.''.
SEC. 619. CLARIFICATION OF EDUCATIONAL PURSUITS QUALIFYING FOR SELECTED
RESERVE EDUCATION LOAN REPAYMENT PROGRAM FOR HEALTH
PROFESSIONS OFFICERS.
Section 16302(a)(5) of title 10, United States Code, is amended by
striking ``regarding'' and inserting ``for a basic professional
qualifying degree (as determined under regulations prescribed by the
Secretary), or graduate education, in''.
SEC. 620. BONUS FOR CERTAIN INITIAL SERVICE OF COMMISSIONED OFFICERS IN
THE SELECTED RESERVE.
(a) Authority.--Chapter 5 of title 37, United States Code, is
amended by inserting after section 308i the following new section:
``Sec. 308j. Special pay: bonus for certain initial service of
commissioned officers in the Selected Reserve
``(a) Affiliation Bonus.--(1) The Secretary concerned may pay an
affiliation bonus under this section to an eligible commissioned
officer in any of the armed forces who enters into an agreement with
the Secretary to serve, for the period specified in the agreement, in
the Selected Reserve of the Ready Reserve of an armed force under the
Secretary's jurisdiction--
``(A) in a critical officer skill designated under
paragraph (3); or
``(B) to meet a manpower shortage in--
``(i) a unit of that Selected Reserve; or
``(ii) a particular pay grade in that armed force.
``(2) A commissioned officer is eligible for an affiliation bonus
under this section if the officer--
``(A) either--
``(i) is serving on active duty for a period of
more than 30 days; or
``(ii) is a member of a reserve component not on
active duty and, if the member formerly served on
active duty, was released from active duty under
honorable conditions;
``(B) has not previously served in the Selected Reserve of
the Ready Reserve; and
``(C) is not entitled to receive retired or retainer pay.
``(3)(A) The Secretary concerned shall designate for an armed force
under the Secretary's jurisdiction the critical officer skills to which
the bonus authority under this subsection is to be applied.
``(B) A skill may be designated as a critical officer skill for an
armed force under subparagraph (A) if, to meet requirements of that
armed force, it is critical for that armed force to have a sufficient
number of officers who are qualified in that skill.
``(4) An affiliation bonus payable pursuant to an agreement under
this section to an eligible officer accrues on the date on which the
person is assigned to a unit or position in the Selected Reserve
pursuant to such agreement.
``(b) Accession Bonus.--(1) The Secretary concerned may pay an
accession bonus under this section to an eligible person who enters
into an agreement with the Secretary--
``(A) to accept an appointment as a commissioned officer in
the armed forces; and
``(B) to serve in the Selected Reserve of the Ready Reserve
in a skill designated under paragraph (2) for a period
specified in the agreement.
``(2)(A) The Secretary concerned shall designate for an armed force
under the Secretary's jurisdiction the officer skills to which the
authority under this subsection is to be applied.
``(B) A skill may be designated for an armed force under
subparagraph (A) if, to mitigate a current or projected significant
shortage of personnel in that armed force who are qualified in that
skill, it is critical to increase the number of persons accessed into
that armed force who are qualified in that skill or are to be trained
in that skill.
``(3) An accession bonus payable to a person pursuant to an
agreement under this section accrues on the date on which that
agreement is accepted by the Secretary concerned.
``(c) Period of Obligated Service.--An agreement entered into with
the Secretary concerned under this section shall require the person
entering into that agreement to serve in the Selected Reserve for a
specified period. The period specified in the agreement shall be any
period not less than three years that the Secretary concerned
determines appropriate to meet the needs of the reserve component in
which the service is to be performed.
``(d) Amount.--The amount of a bonus under this section may be any
amount not in excess of $6,000 that the Secretary concerned determines
appropriate.
``(e) Payment.--Upon acceptance of a written agreement by the
Secretary concerned under this section, the total amount of the bonus
payable under the agreement becomes fixed. The agreement shall specify
whether the bonus is to be paid in one lump sum or in installments.
``(f) Relation to Other Accession Bonus Authority.--No person may
receive an affiliation bonus or accession bonus under this section and
financial assistance under chapter 1608, 1609, or 1611 of title 10, or
under section 302g of this title, for the same period of service.
``(g) Repayment for Failure To Commence or Complete Obligated
Service.--(1) A person who, after receiving all or part of the bonus
under an agreement entered into by that person under this section, does
not accept a commission as an officer or does not commence to
participate or does not satisfactorily participate in the Selected
Reserve for the total period of service specified in the agreement
shall repay to the United States such compensation or benefit, except
under conditions prescribed by the Secretary concerned.
``(2) The Secretary concerned shall include in each agreement
entered into by the Secretary under this section the requirements that
apply for any repayment under this subsection, including the method for
computing the amount of the repayment and any exceptions.
``(3) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States. A
discharge in bankruptcy under title 11 that is entered less than five
years after the termination of an agreement entered into under this
section does not discharge a person from a debt arising under an
agreement entered into under this subsection or a debt arising under
paragraph (1).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``308j. Special pay: bonus for certain initial service of commissioned
officers in the Selected Reserve.''.
Subtitle C--Travel and Transportation Allowances
SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY MEMBERS TO
ATTEND BURIAL CEREMONIES OF MEMBERS WHO DIE ON DUTY.
(a) Authorized Travel Destination.--Subsection (a)(1) of section
411f of title 37, United States Code, is amended by inserting before
the period at the end the following: ``at the location determined under
subsection (a)(8) or (d)(2) of section 1482 of title 10''.
(b) Limitation on Amount.--Subsection (b) of such section is
amended to read as follows:
``(b) Limitation on Amount.--Allowances for travel under subsection
(a) may not exceed the rates for two days and the time necessary for
such travel.''.
(c) Unconditional Eligibility of Deceased's Parents.--Subsection
(c)(1)(C) of such section is amended by striking ``If no person
described in subparagraph (A) or (B) is provided travel and
transportation allowances under subsection (a)(1), the'' and inserting
``The''.
SEC. 632. LODGING COSTS INCURRED IN CONNECTION WITH DEPENDENT STUDENT
TRAVEL.
(a) Authority.--Section 430(b)(1) of title 37, United States Code,
is amended--
(1) by inserting ``(A)'' after ``(b) Allowance
Authorized.--(1)''; and
(2) by adding at the end the following new subparagraph:
``(B) The allowance authorized under subparagraph (A) for an
eligible dependent's travel may include reimbursement for costs that
are incurred by or for the dependent for lodging of the dependent that
is necessitated by an interruption in the travel caused by
extraordinary circumstances prescribed in the regulations under
subsection (a). The amount of a reimbursement payable under this
subparagraph shall be a rate that is applicable to the circumstances
under regulations prescribed by the Secretaries concerned.''.
(b) Effective Date and Applicability.--The amendments made by
subsection (a) shall take effect on October 1, 2004, and shall apply
with respect to lodging that commences on or after such date.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 641. SPECIAL RULE FOR COMPUTING THE HIGH-36 MONTH AVERAGE FOR
DISABLED MEMBERS OF RESERVE COMPONENTS.
(a) Computation of High 36-Month Average.--Subsection (c) of
section 1407 of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(3) Special rule for reserve component members.--In the
application of paragraphs (1) and (2) to a member of a reserve
component of a uniformed service who is entitled to retired pay
under section 1201 or 1202 of this title, each month during
which the member performed duty for which basic pay is paid
under section 203 of title 37 or compensation is paid under
section 206 of such title shall be treated as if it were one
month of active service.''.
(b) Effective Dates and Applicability.--(1) Paragraph (3) of
section 1407(c) of title 10, United States Code (as added by subsection
(a)), shall take effect on October 1, 2004, and shall apply with
respect to months beginning on or after such date, except as provided
in paragraph (2).
(2) For the computation of survivor annuities under subparagraph
(A)(i) or (B) of section 1451(c)(1) of title 10, United States Code (as
amended by section 642(b) of Public Law 107-107; 115 Stat. 1152)),
paragraph (3) of section 1407(c) of title 10, United States Code (as
added by subsection (a)), shall take effect as of September 10, 2001,
and shall apply with respect to deaths of members of the uniformed
services occurring on or after that date.
Subtitle E--Other Matters
SEC. 651. INCREASED MAXIMUM PERIOD FOR LEAVE OF ABSENCE FOR PURSUIT OF
A PROGRAM OF EDUCATION IN A HEALTH CARE PROFESSION.
Section 708(a) of title 10, United States Code, is amended--
(1) by striking ``for a period not to exceed two years'';
and
(2) by adding at the end the following: ``The period of a
leave of absence granted under this section may not exceed two
years, except that the period may exceed two years but may not
exceed three years in the case of an eligible member pursuing a
program of education in a health care profession.''.
SEC. 652. ELIGIBILITY OF MEMBERS FOR REIMBURSEMENT OF EXPENSES INCURRED
FOR ADOPTION PLACEMENTS MADE BY FOREIGN GOVERNMENTS.
Section 1052(g)(3) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(D) A foreign government or an agency authorized
by a foreign government to place children for adoption,
in any case in which--
``(i) the adopted child is entitled to
automatic citizenship under section 320 of the
Immigration and Nationality Act (8 U.S.C.
1431); or
``(ii) a certificate of citizenship has
been issued for such child under section 322 of
that Act (8 U.S.C. 1433).''.
TITLE VII--HEALTH CARE
Subtitle A--Enhanced Benefits for Reserves
SEC. 701. DEMONSTRATION PROJECT ON HEALTH BENEFITS FOR RESERVES.
(a) Demonstration Project Required.--The Secretary of Defense shall
carry out a demonstration project under section 1092 of title 10,
United States Code, to assess the need for, and feasibility of,
providing benefits under the TRICARE program to members of the Ready
Reserve of the Armed Forces who are (1) eligible unemployment
compensation recipients, (2) in a period of continuous unemployment
from the end of their last month as eligible unemployment compensation
recipients, or (3) ineligible for coverage by employer-sponsored health
benefits plans for employees.
(b) Definition.--In this section, the term ``eligible unemployment
compensation recipient'' has the meaning given such term in section
1076b(j) of title 10, United States Code.
SEC. 702. PERMANENT EARLIER ELIGIBILITY DATE FOR TRICARE BENEFITS FOR
MEMBERS OF RESERVE COMPONENTS.
Section 1074(d) of title 10, United States Code, is amended by
striking paragraph (3).
SEC. 703. WAIVER OF CERTAIN DEDUCTIBLES FOR MEMBERS ON ACTIVE DUTY FOR
A PERIOD OF MORE THAN 30 DAYS.
Section 1095d(a) of title 10, United States Code, is amended by
striking ``a period of less than one year'' both places that it appears
and inserting ``a period of more than 30 days''.
SEC. 704. PROTECTION OF DEPENDENTS FROM BALANCE BILLING.
Section 1079(h)(4) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(C) In the case of a member of the reserve components serving on
active duty for a period of more than 30 days in support of a
contingency operation under a provision of law referred to in section
101(a)(13)(B) of this title, the Secretary may pay the amount
applicable under subparagraph (B) to a dependent of such member who is
referred to in subparagraph (A).''.
SEC. 705. PERMANENT EXTENSION OF TRANSITIONAL HEALTH CARE BENEFITS AND
ADDITION OF REQUIREMENT FOR PRESEPARATION PHYSICAL
EXAMINATION.
(a) Permanent Requirement.--(1) Paragraph (3) of section 1145(a) of
title 10, United States Code, is amended to read as follows:
``(3) Transitional health care for a member under subsection (a)
shall be available for 180 days beginning on the date on which the
member is separated from active duty.''.
(2) The following provisions of law are repealed:
(A) Section 704 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1527; 10
U.S.C. 1145 note).
(B) Section 1117 of the Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of
Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1218;
10 U.S.C. 1145 note).
(b) Requirement for Physical Examination.--Such section 1145(a), as
amended by subsection (a), is further amended by adding at the end the
following new paragraph:
``(4) The Secretary concerned shall require each member referred to
in paragraph (1) to undergo a comprehensive physical examination
immediately before the member is separated from active duty as
described in paragraph (2).''.
SEC. 706. PERMANENT ELECTIVE COVERAGE FOR READY RESERVE MEMBERS UNDER
TRICARE PROGRAM.
(a) Authority.--(1) Chapter 55 of title 10, United States Code, is
amended by inserting after section 1076c the following new section:
``Sec. 1076d. TRICARE program: TRICARE Reserve Select
``(a) In General.--TRICARE Reserve Select is a health care benefits
option under the TRICARE program.
``(b) Eligibility.--A member of the Selected Reserve of the Ready
Reserve is eligible to enroll in TRICARE Reserve Select for health care
benefits to be provided under TRICARE Standard if--
``(1) the member is not entitled to care under section 1074
of this title; and
``(2) the member and (in the case of a member covered by
subparagraph (A) of subsection (f)(4)) the member's employer
enter into an agreement with the Secretary concerned to pay the
applicable premium in accordance with that subsection.
``(c) Enrollment.--A member eligible under subsection (a) may
enroll in TRICARE Reserve Select at any time. An enrollment is
continuous until terminated under this section.
``(d) Types of Coverage.--An enrollment of a member under this
section is--
``(1) for self alone coverage if the member has no
immediate family; or
``(2) for coverage of the member and the member's immediate
family.
``(e) Scope of Care.--A member and the members of the member's
immediate family enrolled in TRICARE Reserve Select under this section
shall be entitled to the same benefits under TRICARE Standard as
members and former members of the uniformed services referred to in
section 1074(b) of this title and their dependents, respectively.
``(f) Premiums.--(1) The Secretary of Defense shall charge a
premium for the TRICARE Standard benefits provided pursuant to an
enrollment in TRICARE Reserve Select under this section.
``(2) The Secretary shall prescribe one premium for enrollments for
self alone coverage and one premium for enrollments for self and family
coverage.
``(3) The monthly amount of the premium in effect for a month for a
level of coverage under this section shall--
``(A) be the total amount determined by the Secretary on an
appropriate actuarial basis as being reasonable for the
coverage; and
``(B) apply uniformly to all members enrolled for that
level of coverage without regard to the geographical location
of--
``(i) a member, any of the member's immediate
family, or an employer of the member; or
``(ii) a residence of a member or any of the
member's immediate family.
``(4) A premium payable in the case of a member under this
subsection shall be paid as follows:
``(A) If the member is employed and is not described in
subparagraph (B)--
``(i) the member shall pay 28 percent of the amount
of the premium; and
``(ii) the member's employer shall pay 72 percent
of the amount of the premium.
``(B) If the member is employed but is ineligible for
coverage by the employer-sponsored health benefits plan or
plans (if any) that the member's employer offers for employees,
the member shall pay 100 percent of the amount of the premium.
``(C) If the member is not employed, the member shall pay
100 percent of the amount of the premium.
``(5) The premiums payable by a member under this subsection may be
deducted and withheld from basic pay payable to the member under
section 204 of title 37 or from compensation payable to the member
under section 206 of such title. The Secretary shall prescribe the
requirements and procedures applicable to the payment of premiums by
Reserves not entitled to such basic pay or compensation.
``(6) Amounts collected as premiums under this subsection shall be
credited to the appropriation available for the Defense Health Program
Account under section 1100 of this title, shall be merged with sums in
such Account that are available for the fiscal year in which collected,
and shall be available under subsection (b) of such section for such
fiscal year.
``(g) Other Charges.--A person who receives health care pursuant to
an enrollment in TRICARE Reserve Select under this section, including a
member who receives such health care, shall be subject to the same
deductibles, copayments, and other nonpremium charges for health care
as apply under this chapter for health care provided under TRICARE
Standard to the immediate family of members of the uniformed services
on active duty.
``(h) Termination of Enrollment.--(1) A member enrolled in TRICARE
Reserve Select under this section may terminate the enrollment at any
time.
``(2) An enrollment of a member shall terminate on the earlier of--
``(A) the date on which the member ceases to be a member of
the Selected Reserve of the Ready Reserve;
``(B) the first day of the first month beginning after the
date on which the member otherwise ceases to be eligible under
subsection (b); or
``(C) the date on which--
``(i) the member becomes entitled to care under
section 1074 of this title; and
``(ii) the administrative transition from coverage
for health care benefits under this section to coverage
for health care benefits under such section 1074 is
effectuated.
``(3) The enrollment of a member under this section may be
terminated on the basis of failure to pay the premium charged the
member under this section.
``(i) Advisory Committee.--(1) The Secretary of Defense shall
establish under section 173 of this title an advisory committee--
``(A) to provide advice to the Secretary on the
implementation of the TRICARE Reserve Select program under this
section; and
``(B) to coordinate efforts to disseminate information on
the program to employers of members of the Selected Reserve of
the Ready Reserve.
``(2) The advisory committee shall be composed of the following
members:
``(A) Members appointed by the Secretary as representatives
of the Defense Advisory Board on Employer Support of the Guard
and Reserve.
``(B) Members designated by the Secretary from among the
TRICARE program regional directors as representatives of the
directors.
``(C) Members designated by the Director of the Office of
Personnel Management as representatives of that agency, in such
number as the Secretary and Director shall agree.
``(j) Regulations.--The Secretary of Defense, in consultation with
the other administering Secretaries, shall prescribe regulations for
the administration of this section.
``(k) Definitions.--In this section:
``(1) The term `immediate family', with respect to a member
of the uniformed services, means all of the member's dependents
described in subparagraphs (A), (D), and (I) of section 1072(2)
of this title.
``(2) The term `self and family coverage' means coverage
described in subsection (d)(2).
``(3) The term `TRICARE Standard' means the Civilian Health
and Medical Program of the Uniformed Services option under the
TRICARE program.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1076c the
following new item:
``1076d. TRICARE program: TRICARE Reserve Select.''.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report on the plans for implementing section 1076d
of title 10, United States Code (as added by subsection (a)).
Subtitle B--Other Matters
SEC. 711. REPEAL OF REQUIREMENT FOR PAYMENT OF SUBSISTENCE CHARGES
WHILE HOSPITALIZED.
(a) Repeal.--Section 1075 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 55 of such title is amended by striking the item relating to
section 1075.
SEC. 712. OPPORTUNITY FOR YOUNG CHILD DEPENDENT OF DECEASED MEMBER TO
BECOME ELIGIBLE FOR ENROLLMENT IN A TRICARE DENTAL PLAN.
Section 1076a(k)(2) of title 10, United States Code, is amended--
(1) by striking ``under subsection (a) or'' and inserting
``under subsection (a),''; and
(2) by inserting after ``under subsection (f),'' the
following: ``or is not enrolled because the dependent is a
child under the minimum age for enrollment,''.
SEC. 713. PEDIATRIC DENTAL PRACTICE NECESSARY FOR PROFESSIONAL
ACCREDITATION.
Section 1077(c) of title 10, United States Code, is amended--
(1) by striking ``A dependent'' and inserting ``(1) Except
as specified in paragraph (2), a dependent''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Dependents 12 years of age or younger who are covered by a
dental plan under section 1076a of this title may be treated by
postgraduate dental students in a dental treatment facility of the
uniformed services accredited by the American Dental Association under
a graduate dental education program accredited by the American Dental
Association if--
``(i) treatment of pediatric dental patients is necessary
in order to satisfy an accreditation standard of the American
Dental Association that is applicable to such facility or
program, or training in pediatric dental care is necessary for
the students to be professionally qualified to provide dental
care for dependent children accompanying members of the
uniformed services outside the United States; and
``(ii) the caseload of pediatric patients at such facility
is insufficient to support satisfaction of the accreditation or
professional requirements in pediatric dental care that apply
to such facility, program, or students.
``(B) The total number of dependents treated in all facilities of
the uniformed services under subparagraph (A) in a fiscal year may not
exceed 2,000.''.
SEC. 714. SERVICES OF MARRIAGE AND FAMILY THERAPISTS.
(a) Authority To Enter Into Personal Services Contracts.--Section
704(c)(2) of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 108 Stat. 2799; 10 U.S.C. 1091 note) is
amended by inserting ``marriage and family therapists certified as such
by a certification recognized by the Secretary of Defense,'' after
``psychologists,''.
(b) Applicability of Licensure Requirement for Health-Care
Professionals.--Section 1094(e)(2) of title 10, United States Code, is
amended by inserting ``marriage and family therapist certified as such
by a certification recognized by the Secretary of Defense,'' after
``psychologist,''.
SEC. 715. CHIROPRACTIC HEALTH CARE BENEFITS ADVISORY COMMITTEE.
(a) Establishment.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall establish an
oversight advisory committee to provide the Secretary with advice and
recommendations regarding the continued development and implementation
of an effective program of chiropractic health care benefits for
members of the uniformed services on active duty.
(b) Membership.--The advisory committee shall be composed of
members selected from among persons who, by reason of education,
training, and experience, are experts in chiropractic health care, as
follows:
(1) Members appointed by the Secretary of Defense in such
number as the Secretary determines appropriate for carrying out
the duties of the advisory committee effectively.
(2) A representative of each of the Armed Forces, as
designated by the Secretary of the military department
concerned.
(c) Chairman.--The Secretary of Defense shall designate one member
of the advisory committee to serve as the Chairman of the advisory
committee.
(d) Meetings.--The advisory committee shall meet at the call of the
Chairman, but not fewer than three times each fiscal year, beginning in
fiscal year 2005.
(e) Duties.--The advisory committee shall have the following
duties:
(1) Review and evaluate the program of chiropractic health
care benefits provided to members of the uniformed services on
active duty under chapter 55 of title 10, United States Code.
(2) Provide the Secretary of Defense with advice and
recommendations as described in subsection (a).
(3) Upon the Secretary's determination that the program of
chiropractic health care benefits referred to in paragraph (1)
has been fully implemented, prepare and submit to the Secretary
a report containing the advisory committee's evaluation of such
program as implemented.
(f) Applicability of Temporary Organizations Law.--(1) Section 3161
of title 5, United States Code, shall apply to the advisory committee
under this section.
(2) The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the oversight advisory committee under this section.
(g) Termination.--The advisory committee shall terminate 90 days
after the date on which the committee submits the report to the
Secretary of Defense under subsection (e)(3).
SEC. 716. GROUNDS FOR PRESIDENTIAL WAIVER OF REQUIREMENT FOR INFORMED
CONSENT OR OPTION TO REFUSE REGARDING ADMINISTRATION OF
DRUGS NOT APPROVED FOR GENERAL USE.
(a) Investigational New Drugs.--Section 1107(f) of title 10, United
States Code, is amended--
(1) in paragraph (1), by striking ``obtaining consent--''
and all that follows through ``(C) is'' and inserting
``obtaining consent is''; and
(2) by striking paragraph (2) and inserting the following
new paragraph:
``(2) The waiver authority provided in paragraph (1) shall not be
construed to apply to any case other than a case in which prior consent
for administration of a particular drug is required by reason of a
determination by the Secretary of Health and Human Services that such
drug is subject to the investigational new drug requirements of section
505(i) of the Federal Food, Drug, and Cosmetic Act.''.
(b) Emergency Use Drugs.--Section 1107a(a) of such title is
amended--
(1) by inserting ``(A)'' after ``President.--(1)'';
(2) by striking ``is not feasible,'' and all that follows
through ``members affected, or''; and
(3) by adding at the end the following new subparagraph:
``(B) The waiver authority provided in subparagraph (A) shall not
be construed to apply to any case other than a case in which an
individual is required to be informed of an option to accept or refuse
administration of a particular product by reason of a determination by
the Secretary of Health and Human Services that emergency use of such
product is authorized under section 564 of the Federal Food, Drug, and
Cosmetic Act.''.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. RESPONSIBILITIES OF ACQUISITION EXECUTIVES AND CHIEF
INFORMATION OFFICERS UNDER THE CLINGER-COHEN ACT.
(a) Acquisitions of Information Technology Equipment Integral to a
Weapon or Weapon System.--(1) Chapter 131 of title 10, United States
Code, is amended by inserting after section 2223 the following:
``Sec. 2223a. Acquisition of information technology equipment integral
to a weapon or a weapon system
``(a) Responsibilities of Acquisition Executives.--The acquisition
executive of each military department shall be responsible for ensuring
that, with regard to a weapon or weapon system acquired or to be
acquired by or for that military department--
``(1) the acquisition of information technology equipment
that is integral to the weapon or a weapon system is conducted
in a manner that is consistent with the capital planning,
investment control, and performance and results-based
management processes and requirements provided under sections
11302, 11303, 11312, and 11313 of title 40, to the extent that
such processes requirements are applicable to the acquisition
of such equipment;
``(2) issues of spectrum availability, interoperability,
and information security are appropriately addressed in the
development of the weapon or weapon system; and
``(3) in the case of information technology equipment that
is to be incorporated into a weapon or a weapon system under a
major defense acquisition program, the information technology
equipment is incorporated in a manner that is consistent with--
``(A) the planned approach to applying certain
provisions of law to major defense acquisition programs
following the evolutionary acquisition process that the
Secretary of Defense reported to Congress under section
802 of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
2602);
``(B) the acquisition policies that apply to spiral
development programs under section 803 of such Act (116
Stat. 2603; 10 U.S.C. 2430 note); and
``(C) the software acquisition processes of the
military department or Defense Agency concerned under
section 804 of such Act (116 Stat. 2604; 10 U.S.C. 2430
note).
``(b) Board of Senior Acquisition Officials.--(1) The Secretary of
Defense shall establish a board of senior acquisition officials to
develop policy and provide oversight on the implementation of the
requirements of this section and chapter 113 of title 40 in
procurements of information technology equipment that is integral to a
weapon or a weapon system.
``(2) The board shall be composed of the following officials:
``(A) The Under Secretary of Defense for Acquisition,
Technology, and Logistics, who shall be the Chairman.
``(B) The acquisition executives of the military
departments.
``(C) The Chief Information Officer of the Department of
Defense.
``(3) Any question regarding whether information technology
equipment is integral to a weapon or weapon system shall be resolved by
the board in accordance with policies established by the board.
``(c) Inapplicability of Other Laws.--The following provisions of
law do not apply to information technology equipment that is integral
to a weapon or a weapon system:
``(1) Section 11315 of title 40.
``(2) The policies and procedures established under section
11316 of title 40.
``(3) Subsections (d) and (e) of section 811 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat.
1654A-211), and the requirements and prohibitions that are
imposed by Department of Defense Directive 5000.1 pursuant to
subsections (b) and (c) of such section.
``(4) Section 351 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116
Stat. 2516; 10 U.S.C. 221 note).
``(d) Definitions.--In this section:
``(1) The term `acquisition executive', with respect to a
military department, means the official who is designated as
the senior procurement executive of the military department
under section 16(3) of the Office of Federal Procurement Policy
Act (41 U.S.C. 414(3)).
``(2) The term `information technology' has the meaning
given such term in section 11101 of title 40.
``(3) The term `major defense acquisition program' has the
meaning given such term in section 2430 of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2223 the
following new item:
``2223a. Acquisition of information technology equipment integral to a
weapon or a weapon system.''.
(b) Conforming Amendments.--Section 2223 of such title is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Equipment Integral to a Weapon or Weapon System.--(1) In the
case of information technology equipment that is integral to a weapon
or weapon system acquired or to be acquired by or for a military
department, the responsibilities under this section shall be performed
by the acquisition executive of that military department pursuant to
the guidance and oversight of the board of senior acquisition officials
established under section 2223a(b) of this title.
``(2) In this subsection, the term `acquisition executive' has the
meaning given said term in section 2223a(d) of this title.''.
SEC. 802. SOFTWARE-RELATED PROGRAM COSTS UNDER MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Content of Quarterly Unit Cost Report.--Subsection (b) of
section 2433 of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(5) Any significant changes in the total program cost for
development and procurement of the software component of the
program, schedule milestones for the software component of the
program, or expected performance for the software component of
the program that are known, expected, or anticipated by the
program manager.''.
(b) Content of Selected Acquisition Report.--(1) Subsection (g)(1)
of such section is amended by adding at the end the following new
subparagraph:
``(Q) In any case in which one or more problems with the
software component of the program significantly contributed to
the increase in program unit costs, the action taken and
proposed to be taken to solve such problems.''.
(2) Section 2432(e) of title 10, United States Code, is amended--
(A) by redesignating paragraphs (7), (8), and (9), as
paragraphs (8), (9) and (10), respectively; and
(B) by inserting after paragraph (6) the following new
paragraph (7):
``(7) The reasons for any significant changes (from the
previous Selected Acquisition Report) in the total program cost
for development and procurement of the software component of
the program, schedule milestones for the software component of
the program, or expected performance for the software component
of the program that are known, expected, or anticipated by the
program manager.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2004, and shall apply with respect to reports due
to be submitted to Congress on or after such date.
SEC. 803. INTERNAL CONTROLS FOR DEPARTMENT OF DEFENSE PURCHASES THROUGH
GSA CLIENT SUPPORT CENTERS.
(a) Limitation.--No official of the Department of Defense may place
an order for, make a purchase of, or otherwise procure property or
services in an amount in excess of $100,000 through any particular GSA
Client Support Center until the Inspector General of the Department of
Defense has, after the date of the enactment of this Act--
(1) reviewed the policies, procedures, and internal
controls of such Client Support Center in consultation with the
Inspector General of the General Services Administration; and
(2) certified in writing to the Secretary of Defense and
the Administrator of General Services that such policies,
procedures, and internal controls are adequate to ensure the
compliance of such Client Support Center with the requirements
of law and regulations that are applicable to orders,
purchases, and other procurements of property and services.
(b) GSA Client Support Center Defined.--In this section, the term
``GSA Client Support Center'' means a Client Support Center of the
Federal Technology Service of the General Services Administration.
(c) Effective Date and Applicability.--This section shall take
effect on the date of the enactment of this Act and shall apply with
respect to orders, purchases, and other procurements that are initiated
by the Department of Defense with a GSA Client Support Center on or
after such date.
SEC. 804. DEFENSE COMMERCIAL SATELLITE SERVICES PROCUREMENT PROCESS.
(a) Requirement for Determination.--The Secretary of Defense shall
review alternative mechanisms for procuring commercial satellite
services and provide guidance to the Director of the Defense
Information Systems Agency and the Secretaries of the military
departments on how such procurements should be conducted. The
alternative procurement mechanisms reviewed by the Secretary of Defense
shall, at a minimum, include the following:
(1) Procurement under indefinite delivery, indefinite
quantity contracts of the Federal Technology Service of the
General Services Administration.
(2) Procurement directly from commercial sources that are
qualified as described in subsection (b), using full and open
competition (as defined in section 4(6) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(6))).
(3) Procurement by any other means that has been used by
the Director of the Defense Information Systems Agency or the
Secretary of a military department to enter into a contract for
the procurement of commercial satellite services that is in
force on the date of the enactment of this Act.
(b) Qualified Sources.--A source of commercial satellite services
referred to in paragraph (2) of subsection (a) is a qualified source if
the source is incorporated under the laws of a State of the United
States and is either--
(1) a source of commercial satellite services under a
Federal Technology Service contract for the procurement of
commercial satellite services described in paragraph (1) of
such subsection that is in force on the date of the enactment
of this Act; or
(2) a source of commercial satellite services that meets
qualification requirements (as defined in section 2319 of title
10, United States Code, and established in accordance with that
section) to enter into a Federal Technology Service contract
for the procurement of commercial satellite services.
(c) Report.--Not later than April 30, 2005, the Secretary of
Defense shall submit to Congress a report setting forth the conclusions
resulting from the Secretary's review under subsection (a). The report
shall include--
(1) the guidance provided under such subsection; and
(2) a discussion of the rationale for that guidance.
Subtitle B--General Contracting Authorities, Procedures, and
Limitations, and Other Matters
SEC. 811. INCREASED THRESHOLDS FOR APPLICABILITY OF CERTAIN
REQUIREMENTS.
(a) Senior Procurement Executive Approval of Use of Procedures
Other Than Competitive Procedures.--Section 2304(f)(1)(B) of title 10,
United States Code, is amended by striking ``$50,000,000'' both places
it appears and inserting ``$75,000,000''.
(b) Information on Subcontracting Authority of Defense Contractor
Personnel.--Section 2416(d) of such title is amended by striking
``$500,000'' and inserting ``$1,000,000''.
SEC. 812. PERIOD FOR MULTIYEAR TASK AND DELIVERY ORDER CONTRACTS.
(a) Revised Maximum Period.--Section 2304a(f) of title 10, United
States Code, is amended by striking ``a total period of not more than
five years.'' and inserting ``any period up to five years and may
extend the contract period for one or more successive periods pursuant
to an option provided in the contract or a modification of the
contract. The total contract period as extended may not exceed eight
years unless such head of an agency personally determines in writing
that exceptional circumstances necessitate a longer contract period.''.
(b) Annual Report.--Not later than 60 days after the end of each of
fiscal years 2005 through 2009, the Secretary of Defense shall submit
to Congress a report setting forth each extension of a contract period
to a total of more than eight years that was granted for task and
delivery order contracts of the Department of Defense during such
fiscal year under section 2304a(f) of title 10, United States Code. The
report shall include, with respect to each such contract period
extension--
(1) a discussion of the exceptional circumstances on which
the extension was based; and
(2) the justification for the determination of exceptional
circumstances.
SEC. 813. SUBMISSION OF COST OR PRICING DATA ON NONCOMMERCIAL
MODIFICATIONS OF COMMERCIAL ITEMS.
(a) Inapplicability of Commercial Items Exception to Noncommercial
Modifications of Commercial Items.--Subsection (b) of section 2306a of
title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(3) Noncommercial modifications of commercial items.--(A)
The exception in paragraph (1)(B) does not apply to cost or
pricing data on noncommercial modifications of a commercial
item that are expected to cost, in the aggregate, more than
$500,000.
``(B) In this paragraph, the term `noncommercial
modification', with respect to a commercial item, means a
modification of such item that is not a modification described
in section 4(12)(C)(i) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)(C)(i)).
``(C) Nothing in subparagraph (A) shall be construed--
``(i) to limit the applicability of the exception
in subparagraph (A) or (C) of paragraph (1) to cost or
pricing data on a noncommercial modification of a
commercial item; or
``(ii) to require the submission of cost or pricing
data on any aspect of an acquisition of a commercial
item other than the cost and pricing of noncommercial
modifications of such item.''.
(b) Effective Date and Applicability.--Paragraph (3) of section
2306a of title 10, United States Code (as added by subsection (a)),
shall take effect on January 1, 2005, and shall apply with respect to
offers submitted, and to modifications of contracts or subcontracts
made, on or after that date.
SEC. 814. DELEGATIONS OF AUTHORITY TO MAKE DETERMINATIONS RELATING TO
PAYMENT OF DEFENSE CONTRACTORS FOR BUSINESS RESTRUCTURING
COSTS.
Section 2325(a)(2) of title 10, United States Code, is amended--
(1) by striking ``paragraph (1) to an official'' and all
that follows and inserting ``paragraph (1), with respect to a
business combination, to an official of the Department of
Defense--''; and
(2) by adding at the end the following:
``(A) below the level of an Assistant Secretary of Defense
for cases in which the amount of restructuring costs is
expected to exceed $25,000,000 over a 5-year period; or
``(B) below the level of the Director of the Defense
Contract Management Agency for all other cases.''.
SEC. 815. LIMITATION REGARDING SERVICE CHARGES IMPOSED FOR DEFENSE
PROCUREMENTS MADE THROUGH CONTRACTS OF OTHER AGENCIES.
(a) Limitation.--(1) Chapter 141 of title 10, United States Code,
is amended by inserting after section 2382 the following new section
2383:
``Sec. 2383. Procurements through contracts of other agencies: service
charges
``(a) Limitation.--The head of an agency may not procure goods or
services (under section 1535 of title 31, pursuant to a designation
under section 11302(e) of title 40, or otherwise) through a contract
entered into by an agency outside the Department of Defense if the
amount charged such head of an agency by the contracting agency for the
goods or services includes a service charge in a total amount that
exceeds one percent of the amount charged by the contractor for such
goods or services under the contract.
``(b) Waiver Authority.--(1) The appropriate official of the
Department of Defense may waive the limitation in subsection (a) in the
case of any procurement for which that official determines that it is
in the national security interests of the United States to do so.
``(2) The appropriate official for exercise of the waiver authority
under paragraph (1) is as follows:
``(A) In the case of a procurement by a Defense Agency or
Department of Defense Field Activity, the Secretary of Defense.
``(B) In the case of a procurement for a military
department, the Secretary of that military department.
``(3)(A) The Secretary of Defense may not delegate the authority
under paragraph (1) to any person other than the Deputy Secretary of
Defense or the Under Secretary of Defense for Acquisition, Technology,
and Logistics.
``(B) The Secretary of a military department may not delegate the
authority under paragraph (1) to any person other than the acquisition
executive of that military department.
``(c) Inapplicability to Coast Guard and NASA.--This section does
not apply to the Coast Guard when it is not operating as a service in
the Navy or to the National Aeronautics and Space Administration.
``(d) Definitions.--In this section:
``(1) The term `head of an agency' has the meaning given
such term in section 2302 of this title.
``(2) The term `acquisition executive', with respect to a
military department, means the official who is designated as
the senior procurement executive of that military department
under section 16(3) of the Office of Federal Procurement Policy
Act (41 U.S.C. 414(3)).''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2382 the
following new item:
``2383. Procurements through contracts of other agencies: service
charges.''.
(b) Effective Date and Applicability.--Section 2383 of title 10,
United States Code, shall take effect on October 1, 2004, and shall
apply with respect to orders for goods or services that are issued by
the head of an agency (as defined in section 2302 of such title) on or
after such date.
Subtitle C--Extensions of Temporary Program Authorities
SEC. 831. EXTENSION OF CONTRACT GOAL FOR SMALL DISADVANTAGED BUSINESS
AND CERTAIN INSTITUTIONS OF HIGHER EDUCATION.
Section 2323(k) of title 10, United States Code, is amended by
striking ``2006'' both places it appears and inserting ``2009''.
SEC. 832. EXTENSION OF MENTOR-PROTEGE PROGRAM.
Section 831 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note) is amended--
(1) in subsection (j)--
(A) in paragraph (1), by striking ``September 30,
2005'' and inserting ``September 30, 2010''; and
(B) in paragraph (2), by striking ``September 30,
2008'' and inserting ``September 30, 2013''; and
(2) in subsection (l)(3), by striking ``2007'' and
inserting ``2012''.
SEC. 833. EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE
SMALL BUSINESS SUBCONTRACTING PLANS.
Section 834(e) of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 15 U.S.C. 637 note) is amended
by striking ``September 30, 2005'' and inserting ``September 30,
2010''.
SEC. 834. EXTENSION OF PILOT PROGRAM ON SALES OF MANUFACTURED ARTICLES
AND SERVICES OF CERTAIN ARMY INDUSTRIAL FACILITIES.
Section 141(a) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 10 U.S.C. 4543 note) is amended by
striking ``through 2004'' in the first sentence and inserting ``through
2009''.
Subtitle D--Industrial Base Matters
SEC. 841. COMMISSION ON THE FUTURE OF THE NATIONAL TECHNOLOGY AND
INDUSTRIAL BASE.
(a) Establishment.--There is established a commission to be known
as the Commission on the Future of the National Technology and
Industrial Base (hereafter in this section referred to as the
``Commission'').
(b) Membership.--(1) The Commission shall be composed of 12 members
appointed by the President.
(2) The members of the Commission shall include--
(A) persons with extensive experience and national
reputations for expertise in the defense industry, commercial
industries that support the defense industry, and the
economics, finance, national security, international trade, or
foreign policy areas; and
(B) persons who are representative of labor organizations
associated with the defense industry.
(3) The appointment of the members of the Commission under this
subsection shall be made not later than March 1, 2005.
(4) Members shall be appointed for the life of the Commission. A
vacancy in the Commission shall not affect its powers, but shall be
filled in the same manner in which the original appointment was made.
(5) The President shall designate one member of the Commission to
serve as the Chairman of the Commission.
(c) Meetings.--(1) The Commission shall meet at the call of the
Chairman.
(2) A majority of the members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(d) Duties.--(1) The Commission shall--
(A) study the issues associated with the future of the
national technology and industrial base in the global economy,
particularly with respect to its effect on United States
national security; and
(B) assess the future ability of the national technology
and industrial base to attain the national security objectives
set forth in section 2501 of title 10, United States Code.
(2) In carrying out the study and assessment under paragraph (1),
the Commission shall consider the following matters:
(A) Existing and projected future capabilities of the
national technology and industrial base.
(B) The impact on the national technology and industrial
base of civil-military integration and the growing dependence
of the Department of Defense on the commercial market for
defense products and services.
(C) The effects of domestic source restrictions on the
strength of the national technology and industrial base.
(D) The effects of the policies and practices of United
States allies and trading partners on the national technology
and industrial base.
(E) The effects on the national technology and industrial
base of laws and regulations related to international trade and
the export of defense technologies and dual-use technologies.
(F) The adequacy of programs that support science and
engineering education, including programs that support defense
science and engineering efforts at institutions of higher
learning, with respect to meeting the needs of the national
technology and industrial base.
(G) The implementation of policies and planning required
under subchapter II of chapter 148 of title 10, United States
Code, and other provisions of law designed to support the
national technology and industrial base.
(H) The role of the Manufacturing Technology program, other
Department of Defense research and development programs, and
the utilization of the authorities of the Defense Production
Act of 1950 to provide transformational breakthroughs in
advanced manufacturing technologies and processes that ensure
the strength and productivity of the national technology and
industrial base.
(e) Report.--Not later than March 1, 2008, the Commission shall
submit a report on its activities to the President and Congress. The
report shall include the following matters:
(1) The findings and conclusions of the Commission.
(2) The recommendations of the Commission for actions by
Federal Government officials to support the maintenance of a
robust national technology and industrial base in the 21st
century.
(3) Any recommendations for legislation or changes in
regulations to support the implementation of the findings of
the Commission.
(4) A discussion of appropriate measures to implement the
recommendations of the Commission.
(f) Administrative Requirements and Authorities.--(1) The Director
of the Office of Management and Budget shall ensure that the Commission
is provided such administrative services, facilities, staff, and other
support services as may be necessary for the Commission to carry out
its duties. Expenses of the Commission shall be paid out of funds
available to the Director.
(2) The Commission may hold such hearings, sit and act at such
times and places, take such testimony, and receive such evidence as the
Commission considers advisable to carry out the purposes of this
section.
(3) The Commission may secure directly from any Federal department
or agency such information as the commission considers necessary to
carry out the provisions of this section. Upon a request of the
Chairman of the Commission, the head of such department or agency shall
furnish such information to the Commission.
(4) The Commission may use the United States mails in the same
manner and under the same conditions as other departments and agencies
of the Federal Government.
(g) Personnel Matters.--(1) Members of the Commission shall serve
without compensation for their service on the Commission, except that
each member of the Commission who is not an officer or employee of the
United States shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States Code, while
away from their homes or regular places of business in the performance
of services for the Commission.
(2) Section 3161 of title 5, United States Code, shall apply to the
Commission, except that--
(A) members of the Commission shall not be entitled to pay
for services under subsection (d) of such section; and
(B) subsection (b)(2) of such section shall not apply to
the employees of the Commission.
(h) Applicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(i) Termination.--The Commission shall terminate 30 days after the
date on which the Commission submits its report under subsection (e).
(j) Definition of National Technology and Industrial Base.--In this
section, the term ``national technology and industrial base'' has the
meaning given such term in section 2500 of title 10, United States
Code.
SEC. 842. CONFORMING STANDARD FOR WAIVER OF DOMESTIC SOURCE OR CONTENT
REQUIREMENTS.
(a) Authority.--Subchapter V of chapter 148 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2539c. Waiver of domestic source or content requirements
``(a) Authority.--Except as provided in subsection (f), the
Secretary of Defense may waive the application of any domestic source
requirement or domestic content requirement referred to in subsection
(b) and thereby authorize the procurement of items that are grown,
reprocessed, reused, produced, or manufactured--
``(1) in a foreign country that has a reciprocal defense
procurement memorandum of understanding or agreement with the
United States;
``(2) in a foreign country that has a reciprocal defense
procurement memorandum of understanding or agreement with the
United States substantially from components and materials
grown, reprocessed, reused, produced, or manufactured in the
United States or any foreign country that has a reciprocal
defense procurement memorandum of understanding or agreement
with the United States; or
``(3) in the United States substantially from components
and materials grown, reprocessed, reused, produced, or
manufactured in the United States or any foreign country that
has a reciprocal defense procurement memorandum of
understanding or agreement with the United States.
``(b) Covered Requirements.--For purposes of this section:
``(1) A domestic source requirement is any requirement
under law that the Department of Defense satisfy its
requirements for an item by procuring an item that is grown,
reprocessed, reused, produced, or manufactured in the United
States or by a manufacturer that is a part of the national
technology and industrial base (as defined in section 2500(1)
of this title).
``(2) A domestic content requirement is any requirement
under law that the Department of Defense satisfy its
requirements for an item by procuring an item produced or
manufactured partly or wholly from components and materials
grown, reprocessed, reused, produced, or manufactured in the
United States.
``(c) Applicability.--The authority of the Secretary of Defense to
waive the application of a domestic source or content requirement under
subsection (a) applies to the procurement of items for which the
Secretary determines that--
``(1) application of the requirement would impede the
reciprocal procurement of defense items under a memorandum of
understanding between a foreign country and the United States
that provides for reciprocal procurement of defense items in
accordance with section 2531 of this title; and
``(2) such country does not discriminate against defense
items produced in the United States to a greater degree than
the United States discriminates against defense items produced
in that country.
``(d) Limitation on Delegation.--The authority of the Secretary of
Defense to waive the application of domestic source or content
requirements under subsection (a) may not be delegated to any officer
or employee other than the Under Secretary of Defense for Acquisition,
Technology and Logistics.
``(e) Consultations.--The Secretary of Defense may grant a waiver
of the application of a domestic source or content requirement under
subsection (a) only after consultation with the United States Trade
Representative, the Secretary of Commerce, and the Secretary of State.
``(f) Laws Not Waivable.--The Secretary of Defense may not exercise
the authority under subsection (a) to waive any domestic source or
content requirement contained in any of the following laws:
``(1) The Small Business Act (15 U.S.C. 631 et seq.).
``(2) The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).
``(3) Sections 7309 and 7310 of this title.
``(4) Section 2533a of this title.
``(g) Relationship to Other Waiver Authority.--The authority under
subsection (a) to waive a domestic source requirement or domestic
content requirement is in addition to any other authority to waive such
requirement.
``(h) Construction With Respect to Later Enacted Laws.--This
section may not be construed as being inapplicable to a domestic source
requirement or domestic content requirement that is set forth in a law
enacted after the enactment of this section solely on the basis of the
later enactment.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 2539b the following new item:
``2539c. Waiver of domestic source or content requirements.''.
SEC. 843. CONSISTENCY WITH UNITED STATES OBLIGATIONS UNDER TRADE
AGREEMENTS.
No provision of this Act or any amendment made by this Act shall
apply to a procurement by or for the Department of Defense to the
extent that the Secretary of Defense, in consultation with the
Secretary of Commerce, the United States Trade Representative, and the
Secretary of State, determines that it is inconsistent with United
States obligations under a trade agreement.
Subtitle E--Defense Acquisition and Support Workforce
SEC. 851. LIMITATION AND REINVESTMENT AUTHORITY RELATING TO REDUCTION
OF THE DEFENSE ACQUISITION AND SUPPORT WORKFORCE.
(a) Limitation.--Notwithstanding any other provision of law, the
defense acquisition and support workforce may not be reduced, during
fiscal years 2005, 2006, and 2007, below the level of that workforce as
of September 30, 2003, determined on the basis of full-time employee
equivalence, except as may be necessary to strengthen the defense
acquisition and support workforce in higher priority positions in
accordance with this section.
(b) Workforce Flexibility.--During fiscal years 2005, 2006, and
2007, the Secretary of Defense may--
(1) realign any part of the defense acquisition and support
workforce to support reinvestment in other, higher priority
positions in such workforce; and
(2) employ in the defense acquisition and support workforce
up to 115 percent more employees than are employed in the
defense acquisition and support workforce as of September 30,
2003, determined on the basis of full-time employee
equivalence.
(c) Higher Priority Positions.--For the purposes of this section,
higher priority positions in the defense acquisition and support
workforce include the following positions:
(1) Positions the responsibilities of which include
drafting performance-based work statements for services
contracts and overseeing the performance of contracts awarded
pursuant to such work statements.
(2) Positions the responsibilities of which include
conducting spending analyses, negotiating company-wide pricing
agreements, and taking other measures to reduce contract costs.
(3) Positions the responsibilities of which include
reviewing contractor quality control systems, assessing and
analyzing quality deficiency reports, and taking other measures
to improve product quality.
(4) Positions the responsibilities of which include
effectively conducting public-private competitions in
accordance with Office of Management and Budget Circular A-76.
(5) Any other positions in the defense acquisition and
support workforce that the Secretary of Defense identifies as
being higher priority positions that are staffed at levels not
likely to ensure efficient and effective performance of all of
the responsibilities of those positions.
(d) Strategic Assessment and Plan.--(1) The Secretary of Defense
shall--
(A) assess the extent to which the Department of Defense
can recruit, retain, train, and provide professional
development opportunities for acquisition professionals over
the 10-fiscal year period beginning with fiscal year 2005; and
(B) develop a human resources strategic plan for the
defense acquisition and support workforce that includes
objectives and planned actions for improving the management of
such workforce.
(2) The Secretary shall submit to Congress, not later than April 1,
2005, a report on the progress made in--
(A) completing the assessment required under paragraph (1);
and
(B) completing and implementing the strategic plan required
under such paragraph.
(e) Defense Acquisition and Support Workforce Defined.--In this
section, the term ``defense acquisition and support workforce'' means
members of the Armed Forces and civilian personnel who are assigned to,
or are employed in, an organization of the Department of Defense that
has acquisition as its predominant mission, as determined by the
Secretary of Defense.
SEC. 852. DEFENSE ACQUISITION WORKFORCE IMPROVEMENTS.
(a) Selection Criteria for Acquisition Corps and for Critical
Acquisition Positions.--(1) Section 1732(b)(1)(A) of title 10, United
States Code, is amended by striking ``within grade GS-13 or above of''
and inserting ``for which the employee is being paid at a rate of basic
pay that equals or exceeds the minimum rate of basic pay provided for
grade GS-13 under''.
(2) Section 1733(b)(1)(A)(i) of such title is amended by striking
``in a position within grade GS-14 or above of the General Schedule,
or'' and inserting ``who is currently serving in a position for which
the employee is being paid at a rate of basic pay that equals or
exceeds the minimum rate of basic pay provided for grade GS-14 under
the General Schedule or is required to be filled by an employee who
is''.
(b) Scholarship Program.--Section 1742 of such title is amended--
(1) by inserting ``(a) Required Programs.--''
before ``The Secretary of Defense shall conduct''; and
(2) by adding at the end the following new subsection:
``(b) Scholarship Program Requirements.--(1) Each recipient of a
scholarship under a program conducted under subsection (a)(3) shall be
required to sign a written agreement that sets forth the terms and
conditions of the scholarship. The agreement shall include the
following:
``(A) Criteria for the recipient's continued eligibility
for the scholarship.
``(B) The terms of any requirement for the recipient to
reimburse the United States for educational assistance provided
under the scholarship upon--
``(i) a failure by the recipient to satisfy the
criteria for continued eligibility for the scholarship;
or
``(ii) a termination of the recipient's service in
the Department of Defense before the end of any period
of obligated service provided in the agreement, as
described in paragraph (2).
``(2) Subject to paragraph (3)(C), a recipient of a scholarship
under the program shall reimburse the United States the total amount of
educational assistance provided to the recipient under the program if
the recipient is voluntarily separated from service or involuntarily
separated for cause from the Department of Defense before the end of
any period for which the recipient has agreed, as a condition of the
scholarship, to continue in the service of the Department of Defense in
an acquisition position.
``(3)(A) If an employee fails to fulfill an agreement to pay the
Government any amount of educational assistance provided to that person
under the program, a sum equal to such amount of the educational
assistance is recoverable by the Government from the employee or his
estate by--
``(i) setoff against accrued pay, compensation, amount of
retirement credit, or other amount due the employee from the
Government; and
``(ii) such other method as is provided by law for the
recovery of amounts owing to the Government.
``(B) An obligation to reimburse the United States under an
agreement entered into under this subsection is for all purposes a debt
owed to the United States.
``(C) The Secretary of Defense may waive in whole or in part a
reimbursement required under this subsection or under an agreement
entered into under this subsection if the Secretary determines that the
recovery would be against equity and good conscience or would be
contrary to the best interests of the United States.
``(D) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of an agreement entered into
under this subsection does not discharge a person executing the
agreement from a debt arising under this subsection or such agreement.
``(4) Nothing in this subsection shall be considered to require
that a position be offered to a recipient of a scholarship under the
program after such recipient successfully completes the course of
education for which the scholarship is granted. However, the agreement
entered into under this subsection with respect to such scholarship
shall be considered terminated if the recipient is not, within the time
specified in the agreement, offered a full-time acquisition position in
the Department of Defense that--
``(A) is commensurate with the recipient's academic degree
and experience; and
``(B) is--
``(i) in the excepted service, if the recipient has
not previously acquired competitive status, with the
right, after successful completion of two years of
service and such other requirements as the Office of
Personnel Management may prescribe, to be appointed to
a position in the competitive service, notwithstanding
subchapter I of chapter 33 of title 5; or
``(ii) in the competitive service, if the recipient
has previously acquired competitive status.''.
(c) Authority To Establish Different Minimum Requirements.--(1)
Section 1764(b) of such title is amended--
(A) by redesignating paragraph (5) as paragraph (6); and
(B) by inserting after paragraph (4) the following new
paragraph (5):
``(5) Deputy program manager.''.
(2) Paragraph (1) of such section is amended by striking ``in
paragraph (5)'' and inserting ``in paragraph (6)''.
Subtitle F--Other Matters
SEC. 861. INAPPLICABILITY OF CERTAIN FISCAL LAWS TO SETTLEMENTS UNDER
SPECIAL TEMPORARY CONTRACT CLOSEOUT AUTHORITY.
Section 804(a) of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1541) is amended--
(1) by inserting ``(1)'' after ``(a) Authority.--''; and
(2) by adding at the end the following new paragraph:
``(2) Under regulations which the Secretary of Defense may
prescribe, a settlement of a financial account for a contract for the
procurement of property or services under paragraph (1) may be made
without regard to--
``(A) section 1301 of title 31, United States Code; and
``(B) any other provision of law that would preclude the
Secretary from charging payments under the contract--
``(i) to an unobligated balance in an appropriation
available for funding that contract; or
``(ii) if and to the extent that the unobligated
balance (if any) in such appropriation is insufficient
for funding such payments, to any current appropriation
that is available to the Department of Defense for
funding contracts for the procurement of the same or
similar property or services.''.
SEC. 862. DEMONSTRATION PROGRAM ON EXPANDED USE OF RESERVES TO PERFORM
DEVELOPMENTAL TESTING, NEW EQUIPMENT TRAINING, AND
RELATED ACTIVITIES.
(a) Requirement for Program.--The Secretary of the Army shall carry
out a demonstration program on use of members of reserve components of
the Armed Forces to perform test, evaluation, and related activities
for an acquisition program. The Secretary shall design and carry out
the demonstration program to achieve the purposes set forth in
subsection (b).
(b) Purposes.--The purposes of the demonstration program are as
follows:
(1) To determine whether cost savings and other benefits
result from use of members of reserve components of the Armed
Forces instead of contractor personnel to perform test and
evaluation activities for an acquisition program and related
acquisition, logistics, and new equipment training activities
for the acquisition program.
(2) To evaluate the advisability of using appropriations
available for multiyear research, development, test, and
evaluation and appropriations available for multiyear
procurements to reimburse reserve components for the pay,
allowances, and other expenses paid to or for Reserves used for
the acquisition program as described in paragraph (1).
(c) Reimbursement of Personnel Accounts Out of Procurement and
RDT&E Accounts.--(1) The Secretary of the Army may transfer from funds
available to the Army for an acquisition program to a reserve component
military personnel account the amount necessary to reimburse that
account for costs charged to that account for military pay and
allowances in connection with the use of reserve component personnel
for such acquisition program under this section.
(2) Not more than $10,000,000 may be transferred under this
subsection during any fiscal year of the demonstration program.
(3) Funds transferred to an account under this subsection shall be
merged with other sums in the account and shall be available for the
same period and purposes as the sums with which merged.
(4) The transfer authority under this subsection is in addition to
any other transfer authority provided in this or any other Act.
(d) Nonwaiver of Personnel and Training Policies and Procedures.--
Nothing in this section may be construed to authorize any deviation
from established personnel or training policies or procedures that are
applicable to the reserve components of the personnel used under the
demonstration program.
(e) Termination.--The demonstration program under this section
shall terminate on September 30, 2009.
SEC. 863. APPLICABILITY OF COMPETITION EXCEPTIONS TO ELIGIBILITY OF
NATIONAL GUARD FOR FINANCIAL ASSISTANCE FOR PERFORMANCE
OF ADDITIONAL DUTIES.
Section 113(b)(1)(B) of title 32, United States Code, is amended by
inserting before the period at the end the following: ``, subject to
the exceptions provided in section 2304(c) of title 10''.
SEC. 864. MANAGEMENT PLAN FOR CONTRACTOR SECURITY PERSONNEL.
(a) Requirement for Plan.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to
Congress a plan for the management and oversight of contractor security
personnel by Federal Government personnel in areas where the Armed
Forces are engaged in military operations.
(b) Policies and Procedures.--The plan under this section shall set
forth policies and procedures applicable to contractor security
personnel in potentially hazardous areas of military operations. The
policies and procedures shall address the following matters:
(1) Warning contractor security personnel of potentially
hazardous situations.
(2) Coordinating the movement of contractor security
personnel, especially through areas of increased risk or
planned or ongoing military operations.
(3) Rapidly identifying contractor security personnel by
members of the Armed Forces.
(4) Sharing relevant threat information with contractor
security personnel, and receiving information gathered by
contractor security personnel for use by United States and
coalition forces.
(5) Providing appropriate assistance to contractor security
personnel who become engaged in hostile situations.
(6) Providing medical assistance for, and evacuation of,
contractor personnel who become casualties as a result of enemy
actions.
(7) Investigating background and qualifications of
contractor security personnel and organizations.
(8) Establishing rules of engagement for armed contractor
security personnel, and ensuring proper training and compliance
with the rules of engagement.
(c) Options for Enhanced and Cost-Effective Contractor Security.--
The plan under subsection (a) shall include assessed options for
enhancing contractor security and reducing contractor security costs in
Iraq or in locations of armed conflict in the future. The options
covered shall include the following:
(1) Temporary commissioning of contractor security
personnel as reserve component officers in order to subject
such personnel to the military chain of command.
(2) Requiring contractor security personnel to obtain
security clearances to facilitate the communication of critical
threat information.
(3) Establishing a contract schedule for companies
furnishing contractor security personnel to provide a more
orderly process for the selection, training, and compensation
of such personnel.
(4) Establishing a contract schedule for companies to
provide more cost-effective insurance for contractor security
personnel.
(5) Providing for United States indemnification of
contractors to reduce the costs of insuring contractor security
personnel.
SEC. 865. REPORT ON CONTRACTOR PERFORMANCE OF SECURITY, INTELLIGENCE,
LAW ENFORCEMENT, AND CRIMINAL JUSTICE FUNCTIONS IN IRAQ.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the procurement of
services, by an agency of the United States Government or by the
Coalition Provisional Authority, for the performance of security,
intelligence, law enforcement, and criminal justice functions in Iraq.
(b) Content.--The report under subsection (a) shall include, at a
minimum, the following:
(1) Each security, intelligence, law enforcement, or
criminal justice function performed by a contractor in Iraq.
(2) For each such function--
(A) a determination of whether such function is an
inherently governmental function, together with a
discussion of the factual basis and rationale for that
determination;
(B) an explanation of the basis for the decision to
rely on a contractor to perform such function,
including a discussion of the extent to which the Armed
Forces lacked the expertise or manpower to perform that
function using Armed Forces personnel;
(C) a description of the chain of command for the
contractor performing such function, together with a
discussion of the manner in which the United States
Government or the Coalition Provisional Authority
supervises and directs the contractor's performance of
that function; and
(D) what sanctions are available to impose on any
contractor employee who--
(i) fails to comply with a requirement of
law or regulation that applies to such employee
in the performance of that function; or
(ii) engages in other misconduct in the
performance of that function.
(3) An explanation of the legal status of contractor
employees in the performance of such functions after the
administration of the sovereign powers of Iraq is transferred
from the Coalition Provisional Authority to a government of
Iraq on June 30, 2004.
SEC. 866. ACCREDITATION STUDY OF COMMERCIAL OFF-THE-SHELF PROCESSES FOR
EVALUATING INFORMATION TECHNOLOGY PRODUCTS AND SERVICES.
(a) Requirement for Study.--The Secretary of Defense shall carry
out a study of commercial off-the-shelf processes that are available
for measuring the quality of information technology and related
services through assessment of the production methods of the producers
of the technology.
(b) Purposes.--The purposes of the study of commercial off-the-
shelf processes under subsection (a) are as follows:
(1) To assess the value of such a process as a consistent
methodology for identifying high quality information technology
and the engineering sources capable of providing high quality
information technology and related services.
(2) To determine whether to accredit such a process for use
in procurements of information technology and related services
throughout the Department of Defense.
(c) Savings and Enhancements.--In carrying out the study under
subsection (a), the Secretary shall determine the benefits that would
result for the Department of Defense from use throughout the Department
of Defense of a commercial off-the-shelf process described in that
subsection to measure the quality of information technology products
and services in procurements described in subsection (b)(2),
including--
(1) projected annual savings in costs of development and
maintenance of information technology; and
(2) quantified enhancements of productivity, schedule,
performance, deficiency rates, and predictability.
(d) Baseline Data.--To define a baseline for measuring benefits
under subsection (c), the Secretary shall use empirical data that is
readily available to the Department of Defense and contractor sources.
(e) Information Considered.--The Secretary of Defense may consider
projections of savings and quantifications of enhancements that are
submitted by a contractor.
(f) Information Technology Defined.--In this section, the term
``information technology'' has the meaning given such term in section
11101(6) of title 40, United States Code.
SEC. 867. INAPPLICABILITY OF RANDOLPH-SHEPPARD ACT TO MILITARY DINING
FACILITIES.
Section 9(7) of the Randolph-Sheppard Act (20 U.S.C. 107e(7)) is
amended by inserting after ``blind licensees'' the following: ``,
except that such term does not include a military troop dining
facility, a military mess hall, or any similar dining facility that,
funded by appropriations, is operated for the purpose of providing
meals to members of the Armed Forces (as defined in section 101(a)(4)
of title 10, United States Code)''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Reserve Components
SEC. 901. MODIFICATION OF STATED PURPOSE OF THE RESERVE COMPONENTS.
Section 10102 of title 10, United States Code, is amended by
striking ``, during and after the period needed to procure and train
additional units and qualified persons to achieve the planned
mobilization,''.
SEC. 902. COMMISSION ON THE NATIONAL GUARD AND RESERVES.
(a) Establishment.--There is established a commission to be known
as the ``Commission on the National Guard and Reserves'' (hereafter in
this section referred to as the ``Commission'').
(b) Composition.--(1) The Commission shall be composed of 13
members appointed as follows:
(A) Three members appointed by the chairman of the
Committee on Armed Services of the Senate.
(B) Three members appointed by the chairman of the
Committee on Armed Services of the House of Representatives.
(C) Two members appointed by the ranking minority member of
the Committee on Armed Services of the Senate.
(D) Two members appointed by the ranking minority member of
the Committee on Armed Service of the House of Representatives.
(E) Three members appointed by the Secretary of Defense.
(2) The members of the Commission shall be appointed from among
persons who have knowledge and expertise in the following areas:
(A) National security.
(B) Roles and missions of any of the Armed Forces.
(C) The mission, operations, and organization of the
National Guard of the United States.
(D) The mission, operations, and organization of the other
reserve components of the Armed Forces.
(E) Military readiness of the Armed Forces.
(F) Personnel pay and other forms of compensation.
(G) Other personnel benefits, including health care.
(3) Members of the Commission shall be appointed for the life of
the Commission. A vacancy in the membership of the Commission shall not
affect the powers of the Commission, but shall be filled in the same
manner as the original appointment.
(4) The Secretary of Defense shall designate a member of the
Commission to be chairman of the Commission.
(c) Duties.--(1) The Commission shall carry out a study of the
following matters:
(A) The roles and missions of the National Guard and the
other reserve components of the Armed Forces.
(B) The compensation and other benefits, including health
care benefits, that are provided for members of the reserve
components under the laws of the United States.
(2) In carrying out the study under paragraph (1), the Commission
shall--
(A) assess the current roles and missions of the reserve
components and identify appropriate potential future roles and
missions for the reserve components;
(B) assess the capabilities of the reserve components and
determine how the units and personnel of the reserve components
may be best used to support the military operations of the
Armed Forces and the achievement of national security
objectives, including homeland defense, of the United States;
(C) assess--
(i) the current organization and structure of the
National Guard and the other reserve components; and
(ii) the plans of the Department of Defense and the
Armed Forces for future organization and structure of
the National Guard and the other reserve components;
(D) assess the manner in which the National Guard and the
other reserve components are currently organized and funded for
training and identify an organizational and funding structure
for training that best supports the achievement of training
objectives and operational readiness;
(E) assess the effectiveness of the policies and programs
of the National Guard and the other reserve components for
achieving operational readiness and personnel readiness,
including medical and personal readiness;
(F) assess--
(i) the adequacy and appropriateness of the
compensation and benefits currently provided for the
members of the National Guard and the other reserve
components, including the availability of health care
benefits and health insurance; and
(ii) the effects of proposed changes in
compensation and benefits on military careers in both
the regular and the reserve components of the Armed
Forces;
(G) identify various feasible options for improving the
compensation and other benefits available to the members of the
National Guard and the members of the other reserve components
and assess--
(i) the cost-effectiveness of such options; and
(ii) the foreseeable effects of such options on
readiness, recruitment, and retention of personnel for
careers in the regular and reserve components the Armed
Forces;
(H) assess the traditional military career paths for
members of the National Guard and the other reserve components
and identify alternative career paths that could enhance
professional development; and
(I) assess the adequacy of the funding provided for the
National Guard and the other reserve components for several
previous fiscal years, including the funding provided for
National Guard and reserve component equipment and the funding
provided for National Guard and other reserve component
personnel in active duty military personnel accounts and
reserve military personnel accounts.
(d) First Meeting.--The Commission shall hold its first meeting not
later than 30 days after the date on which all members of the
Commission have been appointed.
(e) Administrative and Procedural Authorities.--(1) Except as
provided in paragraph (2), sections 955, 956, 957, 958, and 959 of the
National Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160; 107 Stat. 1740; 10 U.S.C 111 note) shall apply to the
Commission.
(2)(A) The daily rate of pay payable under section 957(a) of Public
Law 103-160 shall be equal to the daily rate of basic pay prescribed
for level IV of the Executive Schedule.
(B) Section 957(f) of Public Law 103-160 (relating to services of
federally funded research and development centers) shall not apply to
the Commission.
(3) The following provisions of law do not apply to the Commission:
(A) Section 3161 of title 5, United States Code.
(B) The Federal Advisory Committee Act (5 U.S.C. App.).
(f) Reports.--(1) Not later than March 31, 2005, the Commission
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report setting forth--
(A) a strategic plan for the work of the Commission;
(B) a discussion of the activities of the Commission; and
(C) any initial findings of the Commission.
(2) Not later than December 31, 2005, the Commission shall submit a
final report to the Committees of Congress referred to in paragraph
(1). The final report shall include any recommendations that the
Commission determines appropriate, including any recommended
legislation, policies, regulations, directives, and practices.
(g) Termination.--The Commission shall terminate 90 days after the
date on which the final report is submitted under subsection (f)(2).
(h) Annual Review Board.--(1)(A) Chapter 7 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 186. Reserve components: annual review
``(a) Independent Review Board.--The Secretary of Defense shall
appoint a board to review the reserve components of the armed forces.
``(b) Composition of Board.--(1) The Secretary shall appoint the
members of the board from among persons who have knowledge and
expertise in the following areas:
``(A) National security.
``(B) Roles and missions of any of the armed forces.
``(C) The mission, operations, and organization of any of
the reserve components.
``(D) Military readiness of the armed forces.
``(E) Personnel pay and other forms of compensation.
``(F) Other personnel benefits, including health care.
``(2) The Secretary of Defense shall designate a member of the
board to be chairman of the board.
``(c) Duties.--The board shall, on an annual basis--
``(1) review--
``(A) the roles and missions of the reserve
components; and
``(B) the compensation and other benefits,
including health care benefits, that are provided for
members of the reserve components under the laws of the
United States; and
``(2) submit to the Secretary of Defense a report on the
review, which shall include the findings of the board regarding
the matters reviewed and any recommendations that the board
considers appropriate regarding those matters.
``(d) Report to Congress.--Promptly after receiving the report
under subsection (c)(2), the Secretary shall transmit the report,
together with any comments and recommendations that the Secretary
considers appropriate, to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives.
``(e) Administrative Provisions.--Section 180(d) of this title
shall apply to the members of the review board appointed under this
section.''.
(B) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``186. Reserve components: annual review.''.
(2) The first review board under section 186 of title 10, United
States Code (as added by paragraph (1)), shall be appointed during
fiscal year 2006.
SEC. 903. CHAIN OF SUCCESSION FOR THE CHIEF OF THE NATIONAL GUARD
BUREAU.
(a) Senior Officer.--(1) Section 10502 of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(e) Succession.--Unless otherwise directed by the President or
the Secretary of Defense, the most senior officer among the officers of
the Army National Guard of the United States and the officers of the
Air National Guard of the United States performing the duties of
positions in the National Guard Bureau shall act as the Chief of the
National Guard Bureau during any period that--
``(1) there is a vacancy in the position of Chief of the
National Guard Bureau; or
``(2) the Chief is unable to perform the duties of that
position.''.
(2)(A) The heading of such section is amended by adding at the end
the following: ``; succession''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 1011 of such title is amended to read as
follows:
``10502. Chief of the National Guard Bureau: appointment; adviser on
National Guard matters; grade;
succession.''.
(b) Conforming Amendment.--Section 10505 of such title is amended
by striking subsections (d) and (e).
SEC. 904. REDESIGNATION OF VICE CHIEF OF THE NATIONAL GUARD BUREAU AS
DIRECTOR OF THE JOINT STAFF OF THE NATIONAL GUARD BUREAU.
(a) Redesignation of Position.--Subsection (a)(1) of section 10505
of title 10, United States Code, is amended by striking ``Vice Chief of
the National Guard Bureau'' and inserting ``Director of the Joint Staff
of the National Guard Bureau''.
(b) Conforming Amendments.--(1) Subsections (a)(3)(A), (a)(3)(B),
(b), (c), and (d) of section 10505 of title 10, United States Code, are
amended by striking ``Vice Chief of the National Guard Bureau'' and
inserting ``Director of the Joint Staff of the National Guard Bureau''.
(2) Subsection (a)(3)(B) of such section, as amended by paragraph
(1), is further amended by striking ``as the Vice Chief'' and inserting
``as the Director''.
(3) Paragraphs (2) and (4) of subsection (a) of such section are
amended by striking ``Chief and Vice Chief of the National Guard
Bureau'' and inserting ``Chief of the National Guard Bureau and the
Director of the Joint Staff of the National Guard Bureau''.
(4)(A) Subsection (e) of such section is amended--
(i) by striking ``Chief and Vice Chief of the National
Guard Bureau or in the absence or disability of both the Chief
and Vice Chief of the National Guard Bureau'' and inserting
``Chief of the National Guard Bureau and the Director of the
Joint Staff of the National Guard Bureau or in the absence or
disability of both the Chief and the Director''; and
(ii) by striking ``Chief or Vice Chief'' both places it
appears and inserting ``Chief or Director''.
(B) The heading for such subsection is amended by striking ``Vice
Chief.--'' and inserting ``Director of the Joint Staff.--''.
(5) Section 10506(a)(1) of title 10, United States Code, is amended
by striking ``Chief and Vice Chief of the National Guard Bureau'' and
inserting ``Chief of the National Guard Bureau and the Director of the
Joint Staff of the National Guard Bureau''.
(c) Clerical Amendments.--(1) The heading for section 10505 of
title 10, United States Code, is amended to read as follows:
``Sec. 10505. Director of the Joint Staff of the National Guard
Bureau''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 1011 of such title is amended to read as
follows:
``10505. Director of the Joint Staff of the National Guard Bureau.''.
(d) Other References.--Any reference that is made in any law,
regulation, document, paper, or other record of the United States to
the Vice Chief of the National Guard Bureau shall be deemed to be a
reference to the Director of the Joint Staff of the National Guard
Bureau.
SEC. 905. AUTHORITY TO REDESIGNATE THE NAVAL RESERVE.
(a) Authority of Secretary of the Navy.--The Secretary of the Navy
may, with the approval of the President, redesignate the Naval Reserve
as the ``Navy Reserve'' effective on the date that is 180 days after
the date on which the Secretary submits recommended legislation under
subsection (b).
(b) Recommended Legislation.--If the Secretary of the Navy
exercises the authority to redesignate the Naval Reserve under
subsection (a), the Secretary shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives recommended legislation that identifies each
specific provision of law that refers to the Naval Reserve and sets
forth an amendment to that specific provision of law to conform the
reference to the new designation.
(c) Effect of Redesignation.--On and after the effective date of a
redesignation of the Naval Reserve under subsection (a), any reference
in any law, map, regulation, document, paper, or other record of the
United States to the Naval Reserve shall be deemed to be a reference to
the Navy Reserve.
Subtitle B--Other Matters
SEC. 911. STUDY OF ROLES AND AUTHORITIES OF THE DIRECTOR OF DEFENSE
RESEARCH AND ENGINEERING.
(a) Study Required.--The Secretary of Defense shall carry out a
study of the roles and authorities of the Director of Defense Research
and Engineering.
(b) Content of Study.--The study under this section shall include
the following:
(1) An examination of the past and current roles and
authorities of the Director of Defense Research and
Engineering.
(2) An analysis to determine appropriate future roles and
authorities for the Director, including an analysis of the
following matters:
(A) The relationship of the Director to other
senior science and technology and acquisition officials
of the military departments and the Defense Agencies
(B) The relationship of the Director to the
performance of the following functions:
(i) The planning, programming, and
budgeting of the science and technology
programs of the Department of Defense,
including those of the military departments and
the Defense Agencies.
(ii) The management of Department of
Defense laboratories and technical centers,
including the management of the Federal
Government scientific and technical workforce
for such laboratories and centers.
(iii) The promotion of the rapid transition
of technologies to acquisition programs within
the Department of Defense.
(iv) The promotion of the transfer of
technologies into and from the commercial
sector.
(v) The coordination of Department of
Defense science and technology activities with
organizations outside the Department of
Defense, including other Federal Government
agencies, international research organizations,
industry, and academia.
(vi) The technical review of Department of
Defense acquisition programs and policies.
(vii) The training and educational
activities for the national scientific and
technical workforce.
(viii) The development of science and
technology policies and programs relating to
the maintenance of the national technology and
industrial base.
(3) An examination of the duties of the Director as the
Chief Technology Officer of the Department of Defense,
especially in comparison to the duties of similar positions in
the Federal Government and industry.
(4) An examination of any other matters that the Secretary
considers appropriate for the study.
(c) Report.--(1) Not later than February 1, 2006, the Secretary
shall submit a report on the results of the study under this section to
the congressional defense committees.
(2) The report shall include recommendations regarding the
appropriate roles, authorities, and resources that should be assigned
to the Director of Defense Research and Engineering in order to enable
the Director to serve effectively as the Chief Technology Officer of
the Department of Defense and to support the transformation of the
Armed Forces.
(d) Role of Defense Science Board in Study and Report.--The
Secretary shall act through the Defense Science Board in carrying out
the study under this section and preparing the report under subsection
(c).
SEC. 912. DIRECTORS OF SMALL BUSINESS PROGRAMS.
(a) Redesignation of Existing Positions and Offices.--(1) Each of
the following positions within the Department of Defense is
redesignated as the Director of Small Business Programs:
(A) The Director of Small and Disadvantaged Business
Utilization of the Department of Defense.
(B) The Director of Small and Disadvantaged Business
Utilization of the Department of the Army.
(C) The Director of Small and Disadvantaged Business
Utilization of the Department of the Navy.
(D) The Director of Small and Disadvantaged Business
Utilization of the Department of the Air Force.
(2) Each of the following offices within the Department of Defense
is redesignated as the Office of Small Business Programs:
(A) The Office of Small and Disadvantaged Business
Utilization of the Department of Defense.
(B) The Office of Small and Disadvantaged Business
Utilization of the Department of the Army.
(C) The Office of Small and Disadvantaged Business
Utilization of the Department of the Navy.
(D) The Office of Small and Disadvantaged Business
Utilization of the Department of the Air Force.
(3) Any reference that is made in any law, regulation, document,
paper, or other record of the United States to a position or office
redesignated by paragraph (1) or (2) shall be deemed to be a reference
to the position or office as so redesignated.
(b) Department of Defense Position and Office.--(1) Chapter 4 of
title 10, United States Code, is amended by inserting after section
133b the following new section:
``Sec. 133c. Director of Small Business Programs
``(a) Director.--There is a Director of Small Business Programs in
the Department of Defense. The Director is appointed by the Secretary
of Defense.
``(b) Office of Small Business Programs.--The Office of Small
Business Programs of the Department of Defense is the office that is
established within the Office of the Secretary of Defense under section
15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of
Small Business Programs is the head of such office.
``(c) Duties and Powers.--(1) The Director of Small Business
Programs shall, subject to paragraph (2), perform such duties regarding
small business programs of the Department of Defense, and shall
exercise such powers regarding those programs, as the Secretary of
Defense may prescribe.
``(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)),
except for the designations of the Director and the Office, applies to
the Director of Small Business Programs.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 133b the
following new item:
``133c. Director of Small Business Programs.''.
(c) Department of the Army Position and Office.--(1) Chapter 303 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 3024. Director of Small Business Programs
``(a) Director.--There is a Director of Small Business Programs in
the Department of the Army. The Director is appointed by the Secretary
of the Army.
``(b) Office of Small Business Programs.--The Office of Small
Business Programs of the Department of the Army is the office that is
established within the Department of the Army under section 15(k) of
the Small Business Act (15 U.S.C. 644(k)). The Director of Small
Business Programs is the head of such office.
``(c) Duties and Powers.--(1) The Director of Small Business
Programs shall, subject to paragraph (2), perform such duties regarding
small business programs of the Department of the Army, and shall
exercise such powers regarding those programs, as the Secretary of the
Army may prescribe.
``(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)),
except for the designations of the Director and the Office, applies to
the Director of Small Business Programs.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``3024. Director of Small Business Programs.''.
(d) Department of the Navy Position and Office.--(1) Chapter 503 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 5028. Director of Small Business Programs
``(a) Director.--There is a Director of Small Business Programs in
the Department of the Navy. The Director is appointed by the Secretary
of the Navy.
``(b) Office of Small Business Programs.--The Office of Small
Business Programs of the Department of the Navy is the office that is
established within the Department of the Navy under section 15(k) of
the Small Business Act (15 U.S.C. 644(k)). The Director of Small
Business Programs is the head of such office.
``(c) Duties and Powers.--(1) The Director of Small Business
Programs shall, subject to paragraph (2), perform such duties regarding
small business programs of the Department of the Navy, and shall
exercise such powers regarding those programs, as the Secretary of the
Navy may prescribe.
``(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)),
except for the designations of the Director and the Office, applies to
the Director of Small Business Programs.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``5028. Director of Small Business Programs.''.
(d) Department of the Air Force Position and Office.--(1) Chapter
803 of title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 8024. Director of Small Business Programs
``(a) Director.--There is a Director of Small Business Programs in
the Department of the Air Force. The Director is appointed by the
Secretary of the Air Force.
``(b) Office of Small Business Programs.--The Office of Small
Business Programs of the Department of the Air Force is the office that
is established within the Department of the Air Force under section
15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of
Small Business Programs is the head of such office.
``(c) Duties and Powers.--(1) The Director of Small Business
Programs shall, subject to paragraph (2), perform such duties regarding
small business programs of the Department of the Air Force, and shall
exercise such powers regarding those programs, as the Secretary of the
Air Force may prescribe.
``(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)),
except for the designations of the Director and the Office, applies to
the Director of Small Business Programs.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``8024. Director of Small Business Programs.''.
SEC. 913. LEADERSHIP POSITIONS FOR THE NAVAL POSTGRADUATE SCHOOL.
(a) Designation of President.--(1) The position of Superintendent
of the Naval Postgraduate School is redesignated as President of the
Naval Postgraduate School.
(2) Any reference to the Superintendent of the Naval Postgraduate
School in any law, rule, regulation, document, record, or other paper
of the United States shall be deemed to be a reference to the President
of the Naval Postgraduate School.
(3) Sections 7042, 7044, 7048(a), and 7049(e) of title 10, United
States Code, are amended by striking ``Superintendent'' each place it
appears and inserting ``President''.
(4) The heading of section 7042 of such title is amended by
striking ``Superintendent;'' in the section heading and inserting
``President;''.
(b) Provost and Academic Dean.--(1) The position of Academic Dean
of the Naval Postgraduate School is redesignated as Provost and
Academic Dean of the Naval Postgraduate School.
(2) Any reference to the Academic Dean of the Naval Postgraduate
School in any law, rule, regulation, document, record, or other paper
of the United States shall be deemed to be a reference to the Provost
and Academic Dean of the Naval Postgraduate School.
(3)(A) Subsection (a) of section 7043 of title 10, United States
Code, is amended to read as follows:
``(a) There is at the Naval Postgraduate School the single civilian
position of Provost and Academic Dean. The Provost and Academic Dean
shall be appointed, to serve for periods of not more than five years,
by the Secretary of the Navy. Before making an appointment to the
position of Provost and Academic Dean, the Secretary shall consult with
the Board of Advisors for the Naval Postgraduate School and consider
any recommendation of the leadership and faculty of the Naval
Postgraduate School regarding an appointment to the position.''.
(B) The heading of such section is amended to read as follows:
``Sec. 7043. Provost and Academic Dean''.
(4) Sections 7043(b) and 7081(a) of title 10, United States Code,
are amended by striking ``Academic Dean'' and inserting ``Provost and
Academic Dean''.
(5) Section 5102(c)(10) of title 5, United States Code, is amended
by striking ``Academic Dean of the Postgraduate School of the Naval
Academy'' and inserting ``Provost and Academic Dean of the Naval
Postgraduate School''.
(c) Clerical Amendments.--The table of sections at the beginning of
chapter 605 of such title 10, United States Code, is amended by
striking the items related to sections 7042 and 7043 and inserting the
following new items:
``7042. President: assistants.
``7043. Provost and Academic Dean.''.
SEC. 914. UNITED STATES MILITARY CANCER INSTITUTE.
(a) Establishment.--Chapter 104 of title 10, Unite States Code, is
amended by adding at the end the following new section:
``Sec. 2117. United States Military Cancer Institute
``(a) Establishment.--(1) There is a United States Military Cancer
Institute in the University. The Director of the United States Military
Cancer Institute is the head of the Institute.
``(2) The Institute is composed of clinical and basic scientists in
the Department of Defense who have an expertise in research, patient
care, and education relating to oncology and who meet applicable
criteria for participation in the Institute.
``(3) The components of the Institute include military treatment
and research facilities that meet applicable criteria and are
designated as affiliates of the Institute.
``(b) Research.--(1) The Director of the United States Military
Cancer Institute shall carry out research studies on the following:
``(A) The epidemiological features of cancer, including
assessments of the carcinogenic effect of genetic and
environmental factors, and of disparities in health, inherent
or common among populations of various ethnic origins.
``(B) The prevention and early detection of cancer.
``(C) Basic, translational, and clinical investigation
matters relating to the matters described in subparagraphs (A)
and (B).
``(2) The research studies under paragraph (1) shall include
complementary research on oncologic nursing.
``(c) Collaborative Research.--The Director of the United States
Military Cancer Institute shall carry out the research studies under
subsection (b) in collaboration with other cancer research
organizations and entities selected by the Institute for purposes of
the research studies.
``(d) Annual Report.--(1) Promptly after the end of each fiscal
year, the Director of the United States Military Cancer Institute shall
submit to the President of the University a report on the results of
the research studies carried out under subsection (b).
``(2) Not later than 60 days after receiving the annual report
under paragraph (1), the President of the University shall transmit
such report to the Secretary of Defense and to Congress.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2117. United States Military Cancer Institute.''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon determination
by the Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of authorizations
made available to the Department of Defense in this division for fiscal
year 2005 between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred shall
be merged with and be available for the same purposes as the
authorization to which transferred.
(2) The total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$3,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN
FISCAL YEAR 2005.
(a) Fiscal Year 2005 Limitation.--The total amount contributed by
the Secretary of Defense in fiscal year 2005 for the common-funded
budgets of NATO may be any amount up to, but not in excess of, the
amount specified in subsection (b) (rather than the maximum amount that
would otherwise be applicable to those contributions under the fiscal
year 1998 baseline limitation).
(b) Total Amount.--The amount of the limitation applicable under
subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end of
fiscal year 2004, of funds appropriated for fiscal years before
fiscal year 2005 for payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to be
made under section 2501.
(c) Authorized Amounts.--Amounts authorized to be appropriated by
titles II and III of this Act are available for contributions for the
common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1), $756,000 for
the Civil Budget.
(2) Of the amount provided in section 301(1), $222,492,000
for the Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term ``common-
funded budgets of NATO'' means the Military Budget, the
Security Investment Program, and the Civil Budget of the North
Atlantic Treaty Organization (and any successor or additional
account or program of NATO).
(2) Fiscal year 1998 baseline limitation.--The term
``fiscal year 1998 baseline limitation'' means the maximum
annual amount of Department of Defense contributions for
common-funded budgets of NATO that is set forth as the annual
limitation in section 3(2)(C)(ii) of the resolution of the
Senate giving the advice and consent of the Senate to the
ratification of the Protocols to the North Atlantic Treaty of
1949 on the Accession of Poland, Hungary, and the Czech
Republic (as defined in section 4(7) of that resolution),
approved by the Senate on April 30, 1998.
SEC. 1003. REDUCTION IN OVERALL AUTHORIZATION DUE TO INFLATION SAVINGS.
(a) Reduction.--The total amount authorized to be appropriated by
titles I, II, and III is the amount equal to the sum of the individual
authorizations in those titles reduced by $1,670,000,000.
(b) Source of Savings.--Reductions required in order to comply with
subsection (a) shall be derived from savings resulting from lower-than-
expected inflation as a result of the annual review of the budget
conducted by the Office of Management and Budget.
(c) Allocation of Reduction.--The Secretary of Defense shall
allocate the reduction required by subsection (a) among the accounts in
titles I, II, and III to reflect the extent to which net inflation
savings are available in those accounts.
SEC. 1004. DEFENSE BUSINESS SYSTEMS INVESTMENT MANAGEMENT.
(a) Requirement for Defense Business Enterprise Architecture and
Transition Plan.--(1) Not later than September 30, 2005, the Secretary
of Defense shall develop--
(A) a defense business enterprise architecture covering all
defense business systems of the Department of Defense and the
functions and activities supported by such systems that--
(i) is sufficiently defined to effectively guide,
constrain, and permit implementation of interoperable
business system solutions; and
(ii) is consistent with the applicable policies and
procedures prescribed by the Director of the Office of
Management and Budget; and
(B) a transition plan for implementing the defense business
enterprise architecture.
(2) In carrying out paragraph (1), the Secretary shall act through
the Defense Business Systems Management Committee established under
subsection (h).
(b) Composition of Enterprise Architecture.--The defense business
enterprise architecture developed under subsection (a)(1)(A) shall
include the following:
(1) An information infrastructure that, at a minimum, would
enable the Department of Defense to--
(A) comply with all Federal accounting, financial
management, and reporting requirements;
(B) routinely produce timely, accurate, and
reliable financial information for management purposes;
(C) integrate budget, accounting, and program
information and systems; and
(D) provide for the systematic measurement of
performance, including the ability to produce timely,
relevant, and reliable cost information.
(2) Policies, procedures, data standards, and system
interface requirements that are to apply uniformly throughout
the Department of Defense.
(c) Composition of Transition Plan.--(1) The transition plan
developed under subsection (a)(1)(B) shall include the following:
(A) The acquisition strategy for new systems that are
expected to be needed to complete the defense business
enterprise architecture.
(B) A listing of the defense business systems as of
December 2, 2002 (known as ``legacy systems''), that will not
be part of the objective defense business enterprise
architecture, together with the schedule for terminating those
legacy systems that provides for reducing the use of those
legacy systems in phases.
(C) A listing of the legacy systems (referred to in
subparagraph (B)) that will be a part of the objective defense
business system, together with a strategy for making the
modifications to those systems that will be needed to ensure
that such systems comply with the defense business enterprise
architecture.
(2) Each of the strategies under paragraph (1) shall include
specific time-phased milestones, performance metrics, and a statement
of the financial and nonfinancial resource needs.
(d) Conditions for Use of Funds for Defense Business System
Modernization.--(1) After September 30, 2005, an officer or employee of
the United States may not obligate or expend an amount in excess of
$1,000,000 for a defense business system modernization unless the
Secretary of Defense or the official delegated authority for the system
covered by such modernization under subsection (e) has determined in
writing that such defense business system modernization--
(A) is consistent with the defense business enterprise
architecture and transition plan developed under subsection
(a); or
(B) is necessary to--
(i) achieve a critical national security capability
or address a critical requirement in an area such as
safety or security; or
(ii) prevent a significant adverse effect on a
project that is needed to achieve an essential
capability, taking into consideration the alternative
solutions for preventing such adverse effect.
(2) A violation of paragraph (1) is a violation of section
1341(a)(1)(A) of title 31, United States Code.
(e) Accountability for Defense Business Systems.--The Secretary of
Defense shall delegate authority for the planning, design, acquisition,
development, deployment, operation, maintenance, modernization, and
oversight of defense business systems as follows:
(1) To the Under Secretary of Defense for Acquisition,
Technology, and Logistics, for--
(A) defense business systems the primary purpose of
which is to support acquisition activities in the
Department of Defense;
(B) defense business systems the primary purpose of
which is to support logistics activities in the
Department of Defense; and
(C) defense business systems the primary purpose of
which is to support installations and environment
activities in the Department of Defense.
(2) To the Under Secretary of Defense (Comptroller) and
Chief Financial Officer, for--
(A) defense business systems the primary purpose of
which is to support financial management activities in
the Department of Defense; and
(B) defense business systems the primary purpose of
which is to support strategic planning and budgeting
activities in the Department of Defense.
(3) To the Under Secretary of Defense for Personnel and
Readiness, for defense business systems the primary purpose of
which is to support human resource management activities in the
Department of Defense.
(4) To the Assistant Secretary of Defense (Networks and
Information Integration) and Chief Information Officer, for
defense business systems the primary purpose of which is to
support information technology infrastructure and information
assurance activities of the Department of Defense.
(5) To the Deputy Secretary of Defense or an Under
Secretary of Defense, as designated by the Secretary of
Defense, for defense business systems the primary purpose of
which is to support any activity of the Department of Defense
not described in another paragraph of this subsection.
(f) Defense Business System Investment Review.--(1) The Secretary
of Defense shall require each official to whom authority is delegated
under subsection (e) to establish an investment review process to
review the planning, design, acquisition, development, deployment,
operation, maintenance, and modernization of all defense business
systems covered by the authority so delegated to that official, and to
analyze project cost benefits and risks of such systems.
(2) Each investment review process established under paragraph (1)
shall be consistent with the requirements of section 11312 of title 40,
United States Code, and shall include the following features:
(A) An investment review board composed of appropriate
officials from among the Armed Forces, combatant commands, the
Joint Staff, and Defense Agencies.
(B) Review and approval, by the investment review board, of
each defense business system as an investment before the
obligation or expenditure of funds on such system.
(C) Periodic review of each defense business system
investment not less often than annually.
(D) Use of threshold criteria to ensure that each defense
business system investment, and that accountability for each
defense business system investment, is reviewed at a level of
review within the Department of Defense that is appropriate for
the scope, complexity, and cost of the investment.
(E) Procedures for making determinations in accordance with
the requirements of subsection (d).
(g) Defense Business Systems Budget Exhibit.--For each budget for a
fiscal year after fiscal year 2005 that the President submits to
Congress under section 1105(a) of title 31, United States Code, the
Secretary of Defense shall include in the documentation on major
functional category 050 (National Defense) that the Secretary submits
to the congressional defense committees in support of such budget a
defense business systems budget exhibit that includes the following
information:
(1) Identification of each defense business system for
which funding is proposed in that budget.
(2) Identification of all funds, by appropriation, proposed
in that budget for each such system, including--
(A) funds for current services (to operate and
maintain the system); and
(B) funds for business systems modernization,
identified for each specific appropriation.
(3) For each such system, identification of the official to
whom authority for such system is delegated under subsection
(e).
(4) For each such system, a description of each
determination made under subsection (d) with regard to such
system.
(h) Defense Business System Management Committee.--(1) The
Secretary of Defense shall establish a Defense Business Systems
Management Executive Committee. The Committee shall be composed of the
following members:
(A) The Deputy Secretary of Defense, who shall be the
chairman of the Committee.
(B) The Under Secretary of Defense for Acquisition,
Logistics, and Technology.
(C) The Under Secretary of Defense for Personnel and
Readiness.
(D) The Under Secretary of Defense (Comptroller) and Chief
Financial Officer.
(E) The Assistant Secretary of Defense (Networks and
Information Integration) and Chief Information Officer.
(F) The Secretaries of the military departments.
(G) The heads of the Defense Agencies.
(H) Any personnel assigned to the Joint Staff, personnel
assigned to combatant commands, or other Department of Defense
personnel that the Secretary of Defense designates to serve on
the Committee.
(2) In addition to any other duties assigned to the Committee by
the Secretary of Defense, the Committee shall have the following
duties:
(A) To submit to the Secretary recommended policies and
procedures that the Committee considers necessary to
effectively integrate compliance with the requirements of this
section into all business activities and any transformation,
reform, reorganization, or process improvement initiatives
undertaken within the Department of Defense.
(B) To review and approve defense business systems
modernization plans, including review and approval of any major
update of the defense business enterprise architecture.
(C) To coordinate defense business system modernization
initiatives to maximize benefits and minimize costs for the
Department of Defense.
(D) To ensure that funds are not obligated for the
modernization of any defense business system in violation of
subsection (d)(1).
(E) To periodically report to the Secretary on the status
of defense business system modernization efforts.
(i) Definitions.--In this section:
(1) The term ``defense business system'' means any
information system (except a national security system, as
defined in section 2315 of title 10, United States Code) that
is operated by, for, or on behalf of the Department of Defense
to support business activities such as acquisition, financial
management, logistics, strategic planning and budgeting,
installations and environment, and human resource management.
(2) The term ``enterprise architecture'' has the meaning
given that term in section 3601(4) of title 44, United States
Code.
(3) The terms ``information system'' and ``information
technology'' have the meanings given those terms in section
11101 of title 40, United States Code.
(4) The term ``modernization'', with respect to a defense
business system, means the acquisition or development of a new
defense business system or any significant modification or
enhancement of an existing defense business system (other than
as necessary to maintain current services).
(j) Annual Report.--Not later than March 15 of 2005 and each year
thereafter through 2009, the Secretary of Defense shall submit to the
congressional defense committees a report on the progress made by the
Department of Defense in implementing the defense business enterprise
architecture and transition plan required by this section. Each report
shall include, at a minimum, the following information:
(1) A description of the specific actions taken and planned
to be taken to implement the defense business enterprise
architecture and the transition plan.
(2) Specific milestones, performance measures, and resource
commitments for such actions.
(k) Comptroller General Assessment.--Not later than 60 days after
the date on which the Secretary of Defense approves the defense
business enterprise architecture and transition plan developed under
subsection (a), and again each year not later than 60 days after the
submission of the annual report under subsection (j), the Comptroller
General shall submit to the congressional defense committees an
assessment of the extent to which the actions taken by the Department
comply with the requirements of this section.
(l) Relationship to Other Law.--Nothing in this section shall be
construed to modify or affect the applicability of the restrictions and
requirements provided in section 8088 of the Department of Defense
Appropriations Act, 2003 (Public Law 107-248; 116 Stat. 1556).
(m) Repeal of Superseded Law.--Section 1004 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (Public Law
107-314; 116 Stat. 2629; 10 U.S.C. 113 note) is repealed.
SEC. 1005. UNIFORM FUNDING AND MANAGEMENT OF SERVICE ACADEMY ATHLETIC
AND EXTRACURRICULAR PROGRAMS AND SIMILAR SUPPLEMENTAL
MISSION ACTIVITIES.
(a) United States Military Academy.--(1) Chapter 403 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 4359. Athletic and extracurricular programs: uniform funding
``The authority and conditions provided in subsections (a) and (b)
of section 2494 of this title shall also apply to any athletic or other
extracurricular program of the Academy that is not considered a morale,
welfare, or recreation program referred to in such section.''.
(2) The table of sections at the beginning of such title is amended
by adding at the end the following new item:
``4359. Athletic and extracurricular programs: uniform funding.''.
(b) United States Naval Academy.--(1) Chapter 603 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 6978. Athletic and extracurricular programs: uniform funding
``The authority and conditions provided in subsections (a) and (b)
of section 2494 of this title shall also apply to any athletic or other
extracurricular program of the Naval Academy that is not considered a
morale, welfare, or recreation program referred to in such section.''.
(2) The table of sections at the beginning of such title is amended
by adding at the end the following new item:
``6978. Athletic and extracurricular programs: uniform funding.''.
(c) United States Air Force Academy.--(1) Chapter 903 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 9358. Athletic and extracurricular programs: uniform funding
``The authority and conditions provided in subsections (a) and (b)
of section 2494 of this title shall also apply to any athletic or other
extracurricular program of the Academy that is not considered a morale,
welfare, or recreation program referred to in such section.''.
(2) The table of sections at the beginning of such title is amended
by adding at the end the following new item:
``9358. Athletic and extracurricular programs: uniform funding.''.
(d) Effective Date and Applicability.--This section and the
amendments made by this section shall take effect on October 1, 2004,
and shall apply with respect to funds appropriated for fiscal years
beginning on or after such date.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. EXCHANGE AND SALE OF OBSOLETE NAVY SERVICE CRAFT AND BOATS.
(a) In General.--Chapter 633 of title 10, United States Code, is
amended by inserting after section 7309 the following new section:
``Sec. 7309a. Service craft and boats: exchange or sale
``(a) In General.--The Secretary of the Navy may, in acquiring
personal property under section 503 of title 40, exchange or sell
obsolete Navy service craft or boats that are similar to such personal
property and apply the exchange allowance or proceeds of sale in whole
or part payment for such personal property.
``(b) Use of Proceeds for Cost of Preparation of Sale.--In selling
a service craft or boat under subsection (a), the Secretary shall
obtain, to the extent practicable, amounts necessary to recover the
full costs, whether direct or indirect, incurred by the Navy in
preparing the service craft or boat for sale, including costs of
towing, storage, defueling, removal and disposal of hazardous wastes,
environmental surveys to determine the presence of regulated materials
containing polychlorinated biphenyl (PCB), removal and disposal of such
materials, and other related costs.
``(c) Treatment of Additional Proceeds.--(1) Any proceeds of sale
of a service craft or boat under subsection (a) that are in addition to
amounts necessary to recover the costs of the preparation of sale of
the service craft or boat under subsection (b) shall be deposited in an
account in the Treasury established for purposes of this section.
``(2) Amounts in the account under paragraph (1) shall be available
to the Secretary for the payment of costs associated with the
preparation of obsolete Navy service craft or boats for sale or
exchange under this section. Amounts in the account shall be available
for that purpose without fiscal year limitation.
``(3) The Secretary shall, on a periodic basis, deposit amounts in
the account under paragraph (1) that are in excess of the amounts
otherwise utilized under paragraph (2) in the general Treasury as
miscellaneous receipts, or in another account in the Treasury as
otherwise provided by law.
``(d) Inapplicability of Certain Procurement Requirements.--
Notwithstanding section 503(b)(3) of title 40, section 3709 of the
Revised Statutes (41 U.S.C. 5) shall not apply to the exchange or sale
of service craft or boats under this section.
``(e) Regulations.--The Secretary may prescribe regulations
relating to the exercise of authority under this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7309 the following new item:
``7309a. Service craft and boats: exchange or sale.''.
SEC. 1012. LIMITATION ON DISPOSAL OF OBSOLETE NAVAL VESSEL.
The Secretary of the Navy may not dispose of the decommissioned
destroyer ex-Edson (DD-946) before October 1, 2007, to an entity that
is not a nonprofit organization unless the Secretary first determines
that there is no nonprofit organization that meets the criteria for
donation of that vessel under section 7306(a)(3) of title 10, United
States Code.
SEC. 1013. AWARD OF CONTRACTS FOR SHIP DISMANTLING ON NET COST BASIS.
(a) In General.--Chapter 633 of title 10, United States Code, is
amended by inserting after section 7305 the following new section:
``Sec. 7305a. Contracts for ship dismantling: award on net cost basis
``(a) Authority.--Notwithstanding any other provision of law, the
Secretary of the Navy may use net cost as a criterion in the selection
of an offeror for award of a contract for the dismantling of one or
more ships stricken from the Naval Vessel Register and may accord that
criterion such weight in the offer evaluation process as the Secretary
considers appropriate and specifies in the solicitation of offers for
that contract.
``(b) Competition.--In exercising the authority under this section,
the Secretary shall to the maximum extent practicable use the
competitive procedure or combination of competitive procedures that is
best suited under the circumstances.
``(c) Retention of Proceeds.--When the Secretary of the Navy awards
a ship dismantling contract on a net cost basis, the contractor may
retain the proceeds from the sale of scrap and reusable items from the
vessel being dismantled.
``(d) Definitions.--For purposes of this section:
``(1) The term `net cost', with respect to a contract for
the dismantling of a ship, means the amount equal to the excess
of--
``(A) the amount of the contractor's gross cost of
performance of the contract, over
``(B) the estimated value of scrap and reusable
items that the contractor removes from the ship during
performance of the contract, as stated in the
contractor's offer for such contract.
``(2) The term `scrap' means personal property that has no
value except for its basic material content.
``(3) The term `reusable item', with respect to a ship,
means any demilitarized component or removable portion of the
ship or the ship's equipment that the Navy has identified as
excess to its needs but which has potential resale value on the
open market.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7305 the following new item:
``7305a. Contracts for ship dismantling: award on net cost basis.''.
Subtitle C--Reports
SEC. 1021. REPORT ON CONTRACTOR SECURITY IN IRAQ.
(a) Report Required.--(1) Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall submit a
report on contractor security in Iraq to the congressional defense
committees. The report shall include, at a minimum--
(A) information on the security of contractor employees in
Iraq, as described in subsection (b);
(B) information on contract security personnel in Iraq, as
described in subsection (c); and
(C) any recommended actions that the Secretary considers
appropriate to enhance contractor security in Iraq.
(2) The information included in the report shall be current as of
September 30, 2004.
(b) Security of Contractor Employees in Iraq.--The report under
subsection (a) shall include information on contractor employees in
Iraq, as follows:
(1) The number of contractor employees in each of the
following categories of nationals:
(A) Nationals of the United States.
(B) Nationals of Iraq.
(C) Nationals of states other than the United
States and Iraq.
(2) For each of the categories of nationals listed in
paragraph (1), the number of casualties among contractor
employees on and after May 1, 2003.
(c) Contract Security Personnel.--The report required by subsection
(a) shall include information on contract security personnel of a
contractor in Iraq, as follows:
(1) The number of contract security personnel engaged in
providing security services to personnel or facilities in each
of the following categories:
(A) Personnel or facilities of the United States
Government or the Coalition Provisional Authority.
(B) Personnel or facilities of the Iraqi
Government.
(C) Personnel or facilities of a contractor or
subcontractor.
(2) For each of the categories of nationals listed in
subsection (b)(1), the following information:
(A) The number of contract security personnel.
(B) The range of annual rates of pay of the
contract security personnel.
(C) The number of casualties among the contract
security personnel on and after May 1, 2003.
(3) The number, types, and sources of weapons that contract
security personnel are authorized to possess in each of the
following categories:
(A) Weapons provided by coalition forces.
(B) Weapons supplied by the contractor.
(C) Weapons supplied by other sources.
(4) The extent to which contract security personnel are
equipped with other critical equipment, such as body armor,
armored vehicles, secure communications, and friend-foe
identification.
(5) An assessment of the extent to which contract security
personnel have been engaged by hostile fire on and after May 1,
2003.
(d) Forms of Report.--The report required by this section shall be
submitted in classified and unclassified forms.
(e) Definitions.--In this section:
(1) The term ``contract security personnel'' includes
employees of a contractor or subcontractor who, under a covered
contract, provide security services in Iraq to--
(A) personnel or facilities of the United States
Government or the Coalition Provisional Authority;
(B) personnel or facilities of the Iraqi
Government; or
(C) personnel or facilities of a contractor.
(2) The term ``covered contract''--
(A) means a contract entered into by an agency of
the United States Government or by the Coalition
Provisional Authority for the procurement of products
or services to be provided in Iraq, regardless of the
source of the funding for such procurement; and
(B) includes a subcontract under such a contract,
regardless of the source of the funding for such
procurement.
(3) The term ``national of the United States'' has the
meaning given such term in section 101(22) of the Immigration
and Nationality Act (8 U.S.C. 1101(22)).
(4) The term ``national'', except as provided in paragraph
(3), has the meaning given such term in section 101(21) of such
Act.
Subtitle D--Matters Relating to Space
SEC. 1031. SPACE POSTURE REVIEW.
(a) Requirement for Comprehensive Review.--In order to clarify the
national security space policy and strategy of the United States for
the near term, the Secretary of Defense shall conduct a comprehensive
review of the space posture of the United States over the posture
review period.
(b) Elements of Review.--The review conducted under subsection (a)
shall include, for the posture review period, the following:
(1) The role of space in United States military and
national security strategy, planning, and programming.
(2) The policy, requirements, and objectives for space
situational awareness.
(3) The policy, requirements, and objectives for space
control.
(4) The policy, requirements, and objectives for space
superiority, including defensive and offensive counterspace.
(5) The policy, requirements, and objectives for space
exploitation, including force enhancement and force
application.
(6) The policy, requirements, and objectives for
intelligence surveillance and reconnaissance from space.
(7) Current and planned space programs, including how each
such program will address the policy, requirements, and
objectives described in paragraphs (1) through (6).
(8) The relationship among United States military space
policy and national security space policy, space objectives,
and arms control policy.
(9) The type of systems, including space systems, that are
necessary to implement United States military and national
security space policies.
(10) The effect of United States national security space
policy on weapons proliferation.
(c) Reports.--(1) Not later than March 15, 2005, the Secretary of
Defense shall submit to the congressional defense committees an interim
report on the review conducted under subsection (a).
(2) Not later than December 31, 2005, the Secretary shall submit to
the congressional defense committees a final report on the review.
(3) Each report under this subsection shall be submitted in
unclassified form, but may include a classified annex.
(d) Posture Review Period Defined.--In this section, the term
``posture review period'' means the period beginning one year after the
date of the enactment of this Act and ending ten years after that date.
SEC. 1032. PANEL ON THE FUTURE OF MILITARY SPACE LAUNCH.
(a) In General.--(1) The Secretary of Defense shall enter into a
contract with a federally funded research and development center to
establish a panel on the future military space launch requirements of
the United States, including means of meeting such requirements.
(2) The Secretary shall enter into the contract not later than 60
days after the date of the enactment of this Act.
(b) Membership and Administration of Panel.--(1) The panel shall
consist of individuals selected by the federally funded research and
development center from among private citizens of the United States
with knowledge and expertise in one or more of the following areas:
(A) Space launch operations.
(B) Space launch technologies.
(C) Satellite and satellite payloads.
(D) State and national launch complexes.
(E) Space launch economics.
(2) The federally funded research and development center shall
establish appropriate procedures for the administration of the panel,
including designation of the chairman of the panel from among its
members.
(3) All panel members shall hold security clearances appropriate
for the work of the panel.
(4) The panel shall convene its first meeting not later than 30
days after the date on which all members of the panel have been
selected.
(c) Duties.--(1) The panel shall conduct a review and assessment of
the future military space launch requirements of the United States,
including the means of meeting such requirements.
(2) The review and assessment shall take into account matters as
follows:
(A) Launch economics.
(B) Operational concepts and architectures.
(C) Launch technologies, including--
(i) reusable launch vehicles;
(ii) expendable launch vehicles;
(iii) low cost options; and
(iv) revolutionary approaches.
(D) Payloads, including their implications for launch
requirements.
(E) Launch infrastructure.
(F) Launch industrial base.
(G) Relationships among military, civilian, and commercial
launch requirements.
(3) The review and assessment shall address military space launch
requirements over each of the 5-year, 10-year, and 15-year periods
beginning with 2005.
(d) Cooperation of Federal Agencies.--(1) The panel may secure
directly from the Department of Defense or any other department or
agency of the Federal Government any information that the panel
considers necessary to carry out its duties.
(2) The Secretary of Defense shall designate at least one senior
civilian employee of the Department of Defense and at least one general
or flag officer of an Armed Force to serve as liaison between the
Department, the Armed Forces, and the panel.
(e) Report.--Not later than one year after the date of the first
meeting of the panel under subsection (b)(4), the panel shall submit to
the Secretary of Defense and the congressional defense committees a
report on the results of the review and assessment under subsection
(c). The report shall include--
(1) the findings and conclusions of the panel on the future
military space launch requirements of the United States,
including means of meeting such requirements;
(2) the assessment of panel, and any recommendations of the
panel, on--
(A) launch operational concepts and architectures;
(B) launch technologies;
(C) launch enabling technologies; and
(D) priorities for funding; and
(3) the assessment of the panel as to the best means of
meeting the future military space launch requirements of the
United States.
(f) Termination.--The panel shall terminate 16 months after the
date on which the chairman of the panel is designated pursuant to
subsection (b)(2).
(g) Funding.--Amounts authorized to be appropriated to the
Department of Defense shall be available to the Secretary of Defense
for purposes of the contract required by subsection (a).
SEC. 1033. OPERATIONALLY RESPONSIVE NATIONAL SECURITY PAYLOADS FOR
SPACE SATELLITES.
(a) Planning, Programming, and Management.--(1) Chapter 135 of
title 10, United States Code, is amended by inserting after section
2273 the following new section:
``Sec. 2273a. Operationally responsive national security payloads
``(a) Requirement for Program Element.--The Secretary of Defense
shall ensure that operationally responsive national security payloads
of the Department of Defense for space satellites are planned,
programmed, and budgeted for as a separate, dedicated program element.
``(b) Management Authority.--The Secretary of Defense shall assign
management authority for the program element required under subsection
(a) to the Director of the Office of Force Transformation.
``(c) Definition of Operationally Responsive.--In this section, the
term `operationally responsive', with respect to a national security
payload for a space satellite, means an experimental or operational
payload not in excess of 5,000 pounds that--
``(1) can be developed and acquired within 18 months after
authority to proceed with development is granted; and
``(2) is responsive to requirements for capabilities at the
operational and tactical levels of warfare.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2273 the
following new item:
``2273a. Operationally responsive national security payloads.''.
(b) Time for Implementation.--Section 2273a(a) of title 10, United
States Code, shall apply with respect to fiscal years beginning after
September 30, 2005.
(c) Funding.--Of the amount authorized to be appropriated under
section 201(4), $25,000,000 shall be available for research,
development, test, and evaluation of operationally responsive national
security payloads for space satellites.
SEC. 1034. NONDISCLOSURE OF CERTAIN PRODUCTS OF COMMERCIAL SATELLITE
OPERATIONS.
(a) Disclosure Prohibited.--Land remote sensing information may not
be disclosed under section 552 of title 5, United States Code.
(b) Land Remote Sensing Information Defined.--In this section, the
term ``land remote sensing information''--
(1) means any data that--
(A) are collected by land remote sensing; and
(B) are prohibited from sale to customers other
than the United States Government and its affiliated
users under the Land Remote Sensing Policy Act of 1992
(15 U.S.C. 5601 et seq.); and
(2) includes any imagery and other product that is derived
from such data.
(c) State or Local Government Disclosures.--Land remote sensing
information provided by the head of a department or agency of the
United States to a State or local government may not be made available
to the general public under any State or local law relating to the
disclosure of information or records.
(d) Safeguarding Information.--The head of each department or
agency of the United States having land remote sensing information
within that department or agency or providing such information to a
State or local government shall take such actions, commensurate with
the sensitivity of that information, as are necessary to protect that
information from disclosure prohibited under this section.
(e) Other Definitions.--In this section, the terms ``land remote
sensing'' and ``United States Government and its affiliated users''
have the meanings given such terms in section 3 of such Act (15 U.S.C.
5602).
Subtitle E--Defense Against Terrorism
SEC. 1041. TEMPORARY ACCEPTANCE OF COMMUNICATIONS EQUIPMENT PROVIDED BY
LOCAL PUBLIC SAFETY AGENCIES.
(a) Authority.--Chapter 155 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2613. Emergency communications equipment: temporary acceptance
from local public safety agencies
``(a) Authority for Temporary Acceptance of Equipment.--(1) Under
regulations prescribed by the Secretary concerned, the commander of a
military installation may include in a disaster response agreement with
a local public safety agency a clause that provides for the commander
to accept from the public safety agency for use during a natural or
man-made disaster any communications equipment that is useful for
communicating with such agency during a joint response by the commander
and such agency to such disaster.
``(2) The authority under paragraph (1) includes authority to
accept services related to the operation and maintenance of
communications equipment accepted under that paragraph.
``(3) In the case of a military installation administered by an
officer or employee of the United States, such officer or employee may
exercise the authority of a commander under this section.
``(b) Conditions.--Acceptance of communications equipment and
services by a commander from a public safety agency under subsection
(a) is subject to the following conditions:
``(1) Acceptance of equipment is authorized only to the
extent that communications equipment under the control of the
commander is inadequate to meet requirements for communicating
with that public safety agency during a joint response to a
disaster.
``(2) Acceptance of services for the operation or
maintenance of communications equipment is authorized only to
the extent that capabilities under the control of the commander
are inadequate to operate or maintain such equipment.
``(c) Liability.--(1) An emergency response agreement under this
section shall include a clause that--
``(A) specifies the means for the commander to pay for use,
loss, or damage of equipment, and for services, accepted under
the agreement; or
``(B) ensures that the United States is not liable for
costs incurred for the acceptance and use of the equipment or
services nor for any loss or damage of such equipment.
``(2) No person providing services accepted under an emergency
response agreement may be considered to be an officer, employee, or
agent of the United States for any purpose.
``(d) Guidance.--The Secretary of Defense shall prescribe guidance
for the administration of the requirements and authority under this
section.
``(e) Definitions.--In this section:
``(1) The term `emergency response agreement' means a
memorandum of agreement or memorandum of understanding that
provides for mutual support by Department of Defense personnel
and local public safety agency personnel in response to a
natural or man-made disaster.
``(2) The term `military installation' has the meaning
given such term in section 2801(c) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2613. Emergency communications equipment: temporary acceptance from
local public safety agencies.''.
SEC. 1042. FULL-TIME DEDICATION OF AIRLIFT SUPPORT FOR HOMELAND DEFENSE
OPERATIONS.
(a) Determination Required.--(1) The Secretary of Defense shall
determine the feasibility and advisability of dedicating an airlift
capability of the Armed Forces on a full-time basis to the support of
homeland defense operations, including operations in support of
contingent requirements for transporting Weapons of Mass Destruction
Civil Support Teams, Air Force expeditionary medical teams, and
Department of Energy emergency response teams in response to natural
disasters and man-made disasters.
(2) In making the determination under paragraph (1), the Secretary
shall take into consideration the results of the study required under
subsection (b).
(b) Requirement for Study and Plan.--(1) The Secretary of Defense
shall conduct a study of the existing plans and capabilities of the
Department of Defense for meeting contingent requirements for
transporting teams described in subsection (a)(1) in response to
natural disasters and man-made disasters.
(2) The Secretary shall prepare a plan for resolving any
deficiencies in the existing plans and capabilities for meeting the
transportation requirements described in paragraph (1).
(3) The Secretary of Defense shall require the commander of the
United States Northern Command and the commander of the United States
Transportation Command to carry out jointly the study required under
paragraph (1) and to prepare jointly the plan required under paragraph
(2).
(c) Report.--Not later than April 1, 2005, the Secretary shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the results of the study under
subsection (b). The report shall include the following matters:
(1) The Secretary's determination under subsection (a).
(2) An assessment and discussion of the adequacy of
existing plans and capabilities of the Department of Defense
for meeting the transportation requirements described in
subsection (b)(1).
(3) The plan required under subsection (b)(2).
(d) Definition.--In this section, the term ``Weapons of Mass
Destruction Civil Support Team'' has the meaning given such term in
section 305b(e) of title 37, United States Code.
SEC. 1043. SURVIVABILITY OF CRITICAL SYSTEMS EXPOSED TO CHEMICAL OR
BIOLOGICAL CONTAMINATION.
(a) Requirement for Implementation Plan.--Not later than 120 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a plan, for
implementation by the Department of Defense, that sets forth a
systematic approach for ensuring the survivability of defense critical
systems upon contamination of such systems by chemical or biological
agents.
(b) Content.--At a minimum, the plan under subsection (a) shall
include--
(1) policies for ensuring that the survivability of defense
critical systems in the event of contamination by chemical or
biological agents is adequately addressed throughout the
Department of Defense;
(2) a systematic process for identifying which systems are
defense critical systems;
(3) specific testing procedures to be used during the
design and development of new defense critical systems; and
(4) a centralized database that--
(A) contains comprehensive information on the
effects of chemical and biological agents and
decontaminants on materials used in defense critical
systems; and
(B) is easily accessible to personnel who have
duties to ensure the survivability of defense critical
systems upon contamination of such systems by chemical
and biological agents.
(c) Defense Critical Systems Defined.--In this section, the term
``defense critical system'' means a Department of Defense system that
is critical to the national security of the United States.
Subtitle F--Matters Relating to Other Nations
SEC. 1051. HUMANITARIAN ASSISTANCE FOR THE DETECTION AND CLEARANCE OF
LANDMINES AND EXPLOSIVE REMNANTS OF WAR.
(a) Restatement and Expansion of Authority.--(1) Chapter 20 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 406. Humanitarian assistance for the detection and clearance of
landmines and explosive remnants of war
``(a) In General.--Under regulations prescribed by the Secretary of
Defense, members of the armed forces may provide humanitarian
assistance for the detection and clearance of landmines or explosive
remnants of war in a foreign country, including activities relating to
the furnishing of education, training, and technical assistance, if the
Secretary determines that the provision of such assistance will
promote--
``(1) the security interests of both the United States and
the country in which such assistance is to be provided; and
``(2) the specific operational readiness skills of the
members of the armed forces who provide such assistance.
``(b) Limitations on Activities of Members of the Armed Forces.--
The Secretary shall ensure that no member of the armed forces, while
providing assistance under this section--
``(1) engages in the physical detection, lifting or
destroying of landmines or explosive remnants of war (unless
the member does so for the concurrent purpose of supporting a
United States military operation); or
``(2) provides such assistance as part of a military
operation that does not involve the armed forces.
``(c) Requirement for Approval of Secretary of State.--Humanitarian
assistance for the detection and clearance of landmines and remnants of
war may not be provided under this section to any foreign country
unless the Secretary of State specifically approves the provision of
such assistance to such foreign country.
``(d) Availability of Funds for Certain Expenses.--(1) To the
extent provided in Acts authorizing appropriations for military
activities of the Department of Defense, funds authorized to be
appropriated to the Department for a fiscal year for humanitarian
assistance shall be available for the purpose of providing assistance
under this section.
``(2) Expenses incurred as a direct result of providing
humanitarian assistance under this section to a foreign country shall
be paid out of funds specifically appropriated for such purpose.
``(3) Expenses covered by paragraph (2) include the following:
``(A) Travel, transportation, and subsistence expenses of
Department of Defense personnel providing humanitarian
assistance under this section.
``(B) The cost of any equipment, services, or supplies
acquired for the purpose of carrying out or supporting the
provision of such assistance, including any nonlethal,
individual, or small-team landmine or explosive remnant of war
clearing equipment or supplies that are to be transferred or
otherwise furnished to a foreign country in furtherance of the
provision of assistance under this section.
``(4) The cost of equipment, services and supplies provided in any
fiscal year to a foreign country under paragraph (3)(B) may not exceed
$5,000,000.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``406. Humanitarian assistance for the detection and clearance of
landmines and explosive remnants of war.''.
(b) Repeal of Superseded Authority.--Section 401 of such title is
amended--
(1) in subsection (a), by striking paragraph (4);
(2) in subsection (b)--
(A) in paragraph (1), by striking ``(1)''; and
(B) by striking paragraph (2);
(3) in subsection (c)--
(A) by striking paragraphs (2) and (3); and
(B) by redesignating paragraph (4) as paragraph
(2); and
(4) in subsection (e), by striking paragraph (5).
SEC. 1052. USE OF FUNDS FOR UNIFIED COUNTERDRUG AND COUNTERTERRORISM
CAMPAIGN IN COLOMBIA.
(a) Authority.--(1) In fiscal years 2005 and 2006, funds available
to the Department of Defense to provide assistance to the Government of
Colombia may be used by the Secretary of Defense to support a unified
campaign by the Government of Colombia against narcotics trafficking
and against activities by organizations designated as terrorist
organizations, such as the Revolutionary Armed Forces of Colombia
(FARC), the National Liberation Army (ELN), and the United Self-Defense
Forces of Colombia (AUC).
(2) The authority to provide assistance for a campaign under this
subsection includes authority to take actions to protect human health
and welfare in emergency circumstances, including the undertaking of
rescue operations.
(b) Applicability of Certain Laws and Limitations.--The use of
funds pursuant to the authority in subsection (a) shall be subject to
the following:
(1) Sections 556, 567, and 568 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2002
(Public Law 107-115; 115 Stat. 2160, 2165, and 2166).
(2) Section 8077 of the Department of Defense
Appropriations Act, 2004 (Public Law 108-87; 117 Stat. 1090).
(c) Numerical Limitation on Assignment of United States
Personnel.--Notwithstanding section 3204(b) of the Emergency
Supplemental Act, 2000 (Division B of Public Law 106-246; 114 Stat.
575), as amended by the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2002 (Public Law 107-115; 115
Stat. 2131), the number of United States personnel assigned to conduct
activities in Colombia in connection with support of Plan Colombia
under subsection (a) in fiscal years 2005 and 2006 shall be subject to
the following limitations:
(1) The number of United States military personnel assigned
for temporary or permanent duty in Colombia in connection with
support of Plan Colombia may not exceed 800.
(2) The number of United States individual citizens
retained as contractors in Colombia in connection with support
of Plan Colombia who are funded by Federal funds may not exceed
600.
(d) Limitation on Participation of United States Personnel.--No
United States Armed Forces personnel, United States civilian employees,
or United States civilian contractor personnel employed by the United
States may participate in any combat operation in connection with
assistance using funds pursuant to the authority in subsection (a),
except for the purpose of acting in self defense or of rescuing any
United States citizen, including any United States Armed Forces
personnel, United States civilian employee, or civilian contractor
employed by the United States.
(e) Relation to Other Authority.--The authority provided by
subsection (a) is in addition to any other authority in law to provide
assistance to the Government of Colombia.
SEC. 1053. ASSISTANCE TO IRAQ AND AFGHANISTAN MILITARY AND SECURITY
FORCES.
(a) Authority.--Subject to the limitations in subsection (c), the
Secretary of Defense may provide assistance in fiscal year 2005 to Iraq
and Afghanistan military or security forces solely to enhance their
ability to combat terrorism and support United States or coalition
military operations in Iraq and Afghanistan, respectively.
(b) Type of Assistance.--Assistance provided under subsection (a)
may include equipment, supplies, services, and training.
(c) Limitations.--(1) The Secretary of Defense may provide
assistance under this section only with the concurrence of the
Secretary of State.
(2) The cost of assistance provided under this section may be paid
only out of funds available to the Department of Defense for fiscal
year 2005 for operation and maintenance and may not exceed
$150,000,000.
(d) Relationship to Other Authority.--The authority to provide
assistance under this section is in addition to any other authority to
provide assistance to Iraq and Afghanistan.
(e) Congressional Notification.--Not later than 15 days before
providing assistance to a recipient under this section, the Secretary
of Defense shall submit to the congressional defense committees a
notification of the assistance proposed to be provided.
SEC. 1054. ASSIGNMENT OF NATO NAVAL PERSONNEL TO SUBMARINE SAFETY
RESEARCH AND DEVELOPMENT PROGRAMS.
(a) Authority.--Chapter 631 of title 10, United States Code, is
amended by inserting after the item relating to section 7205 the
following new section:
``Sec. 7206. Submarine safety research and development: acceptance of
services of NATO naval personnel
``(a) Authority.--The Secretary of the Navy may, subject to
subsection (e), accept the assignment of one or more members of the
navy of another member country of the North Atlantic Treaty
Organization to a command of the Navy for work on the development,
standardization, or interoperability of submarine vessel safety and
rescue systems and procedures if the Secretary determines that doing so
would facilitate the development, standardization, and interoperability
of submarine vessel safety and rescue systems and procedures for the
Navy, the navy of that foreign country, and any other navy involved in
that work.
``(b) Reciprocity Not Required.--The authority under subsection (a)
is not an exchange program. Reciprocal assignments of members of the
Navy to a navy of a foreign country is not a condition for the exercise
of such authority.
``(c) Payment of Personnel Costs.--(1) The acceptance of a member
of a navy of a foreign country under this section is subject to the
condition that the government of that country pay the salary, per diem
allowance, subsistence costs, travel costs, cost of language or other
training, and other costs for that member in accordance with the laws
and regulations of such country.
``(2) Paragraph (1) does not apply to the following costs:
``(A) The cost of temporary duty directed by the Secretary
of the Navy or an officer of the Navy authorized to do so.
``(B) The cost of a training program conducted to
familiarize, orient, or certify foreign naval personnel
regarding unique aspects of their assignments.
``(C) Any cost incident to the use of the facilities of the
Navy in the performance of assigned duties.
``(d) Relationship to Other Authority.--The provisions of this
section shall apply to any other authority that the Secretary of the
Navy may exercise, subject to the concurrence of the Secretary of
State, to enter into an agreement with the government of a foreign
country to provide for the assignment of members of the navy of that
foreign country to a Navy submarine safety program. The Secretary of
the Navy may prescribe regulations for the application of this section
in the exercise of such authority.
``(e) Termination of Authority.--The Secretary of the Navy may not
accept the assignment of a member of the navy of a foreign country
under this section after September 30, 2008.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7205 the following new item:
``7206. Submarine safety research and development: acceptance of
services of NATO naval personnel.''.
Subtitle G--Other Matters
SEC. 1061. TECHNICAL AMENDMENTS RELATING TO DEFINITIONS OF GENERAL
APPLICABILITY IN TITLE 10, UNITED STATES CODE.
(a) Clarification of Definition of ``Operational Range''.--Section
101(e)(3) of title 10, United States Code, is amended by striking
``Secretary of Defense'' and inserting ``Secretary of a military
department''.
(b) Amendments Relating to Definition of Congressional Defense
Committees.--(1) Section 2215 of title 10, United States Code, is
amended--
(A) in subsection (a)--
(i) by striking ``(a) Certification Required.--'';
and
(ii) by striking ``congressional committees
specified in subsection (b)'' and inserting
``congressional defense committees''; and
(B) by striking subsection (b).
(2) Section 2515(d) of such title is amended--
(A) by striking ``Report.--(1)'' and inserting ``Report.--
'';
(B) by striking ``congressional committees specified in
paragraph (2)'' and inserting ``congressional defense
committees''; and
(C) by striking paragraph (2).
(3) Section 2676(d) of such title is amended by striking
``appropriate committees of Congress'' in the first sentence and
inserting ``congressional defense committees''.
SEC. 1062. TWO-YEAR EXTENSION OF AUTHORITY OF SECRETARY OF DEFENSE TO
ENGAGE IN COMMERCIAL ACTIVITIES AS SECURITY FOR
INTELLIGENCE COLLECTION ACTIVITIES ABROAD.
Section 431(a) of title 10, United States Code, is amended by
striking ``December 31, 2004'' and inserting ``December 31, 2006''.
SEC. 1063. LIABILITY PROTECTION FOR PERSONS VOLUNTARILY PROVIDING
MARITIME-RELATED SERVICES ACCEPTED BY THE NAVY.
Section 1588(d)(1) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(F) In the case of a person aboard a sailing vessel of
the Navy to engage in the training of Navy personnel or in a
competition involving Navy personnel, the following provisions
of law relating to claims in admiralty for damages or loss:
``(i) The Act entitled `An Act authorizing suits
against the United States in admiralty, suits for
salvage services, and providing for the release of
merchant vessels belonging to the United States from
arrest and attachment in foreign jurisdictions, and for
other purposes', approved March 9, 1920 (commonly known
as the `Suits in Admiralty Act') (46 U.S.C. App. 741 et
seq.).
``(ii) The Act entitled `An Act authorizing suits
against the United States in admiralty for damage
caused by and salvage services rendered to public
vessels belonging to the United States, and for other
purposes', approved March 3, 1925 (commonly known as
the `Public Vessels Act') (46 U.S.C. App. 781 et
seq.).''.
SEC. 1064. LICENSING OF INTELLECTUAL PROPERTY.
(a) Authority.--Subchapter II of chapter 134 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2260. Licensing of intellectual property: retention of fees
``(a) Authority.--Under regulations prescribed by the Secretary of
Defense, the Secretary concerned may license trademarks, service marks,
certification marks, and collective marks owned or controlled by the
Secretary concerned and may retain and expend fees received from such
licensing in accordance with this section.
``(b) Designated Marks.--The Secretary concerned shall designate
the trademarks, service marks, certification marks, and collective
marks as to which the Secretary exercises the authority to retain
licensing fees under this section.
``(c) Use of Fees.--The Secretary concerned shall use fees retained
under this section for purposes as follows:
``(1) For payment of the following costs incurred by the
Secretary:
``(A) Costs of securing trademark registrations.
``(B) Costs of operating the licensing program
under this section.
``(2) For morale, welfare, and recreation activities under
the jurisdiction of the Secretary, to the extent (if any) that
the total amount of the licensing fees available under this
section for a fiscal year exceed the total amount needed for
such fiscal year under paragraph (1).
``(d) Availability.--Fees received in a fiscal year and retained
under this section shall be available for obligations in such fiscal
year and the following two fiscal years.
``(e) Definitions.--In this section, the terms `trademark',
`service mark', `certification mark', and `collective mark' have the
meanings given such terms in section 45 of the Act entitled `An Act to
provide for the registration and protection of trademarks used in
commerce, to carry out the provisions of certain international
conventions, and for other purposes', approved July 5, 1946 (commonly
referred to as the `Trademark Act of 1946') (15 U.S.C. 1127).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2260. Licensing of intellectual property: retention of fees.''.
SEC. 1065. DELAY OF ELECTRONIC VOTING DEMONSTRATION PROJECT.
Section 1604(a) of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1277; 42 U.S.C. 1973ff
note) is amended--
(1) in paragraph (1), by striking ``2002'' and inserting
``2006''; and
(2) in paragraph (2)--
(A) by striking ``2002'' and inserting ``2006'';
and
(B) by striking ``2004'' and inserting ``2008''.
SEC. 1066. WAR RISK INSURANCE FOR MERCHANT MARINE VESSELS.
(a) Extension of Authority.--Section 1214 of the Merchant Marine
Act, 1936 (46 U.S.C. App. 1294) is amended by striking ``June 30,
2005'' and inserting ``December 31, 2008''.
(b) Investment of Funds Excess to Short-Term Needs.--Section 1208
of such Act (46 U.S.C. App. 1288) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) in subsection (a), by striking ``Upon the request of
the Secretary of Transportation,'' and all that follows and
inserting the following:
``(b)(1) The Secretary of Transportation may request the Secretary
of the Treasury to invest such portion of the insurance fund under
subsection (a) as is not, in the judgment of the Secretary of
Transportation, required to meet the current needs of the fund. The
Secretary of the Treasury may make the requested investments.
``(2) Investments under paragraph (1) shall be made in public debt
securities of the United States that--
``(A) mature at times suitable to the needs of the
insurance fund; and
``(B) bear interest rates determined by the Secretary of
the Treasury, taking into consideration current market yields
on outstanding marketable obligations of the United States of
comparable maturity.
``(3) The interest and benefits accruing from securities under this
subsection shall be deposited to the credit of the insurance fund.''.
SEC. 1067. REPEAL OF QUARTERLY REPORTING REQUIREMENT CONCERNING
PAYMENTS FOR DISTRICT OF COLUMBIA WATER AND SEWER
SERVICES AND ESTABLISHMENT OF ANNUAL REPORT BY TREASURY.
(a) Water and Water Service Supplied for the Use of the Government
of the United States.--Section 106(b)(5) of the District of Columbia
Public Works Act of 1954 (sec. 34-2401.25(b), D.C. Official Code), as
amended by section 401 of the Miscellaneous Appropriations Act, 2001
(as enacted by reference in section 1(a)(4) of the Consolidated
Appropriations Act, 2001), is amended to read as follows:
``(5) Not later than the 15th day of the month following the
beginning of the fiscal year (beginning with fiscal year 2005), the
Secretary of the Treasury with respect to each Federal department,
establishment, or agency receiving water services from the District of
Columbia shall submit a report to the Committee on Government Reform of
the House of Representatives, the Committee on Governmental Affairs of
the Senate, and the Committees on Appropriations of the House of
Representatives and Senate analyzing the promptness of payment with
respect to the services furnished to such department, establishment, or
agency.''.
(b) Sanitary Sewer Service Charges for United States Government.--
Section 212(b)(5) of the District of Columbia Public Works Act of 1954
(sec. 34-2112(b), D.C. Official Code), as amended by section 401 of the
Miscellaneous Appropriations Act, 2001 (as enacted by reference in
section 1(a)(4) of the Consolidated Appropriations Act, 2001), is
amended to read as follows:
``(5) Not later than the 15th day of the month following the
beginning of the fiscal year (beginning with fiscal year 2005), the
Secretary of the Treasury with respect to each Federal department,
establishment, or agency receiving sanitary sewer services from the
District of Columbia shall submit a report to the Committee on
Government Reform of the House of Representatives, the Committee on
Governmental Affairs of the Senate, and the Committees on
Appropriations of the House of Representatives and Senate analyzing the
promptness of payment with respect to the services furnished to such
department, establishment, or agency.''.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY
SEC. 1101. SCIENCE, MATHEMATICS, AND RESEARCH FOR TRANSFORMATION
(SMART) DEFENSE SCHOLARSHIP PILOT PROGRAM.
(a) Requirement for Program.--(1) The Secretary of Defense shall
carry out a pilot program to provide financial assistance for education
in science, mathematics, engineering, and technology skills and
disciplines that, as determined by the Secretary, are critical to the
national security functions of the Department of Defense and are needed
in the Department of Defense workforce.
(2) The pilot program under this section shall be carried out for
three years beginning on October 1, 2004.
(b) Scholarships.--(1) Under the pilot program, the Secretary of
Defense may award a scholarship in accordance with this section to a
person who--
(A) is a citizen of the United States;
(B) is pursuing an undergraduate or advanced degree in a
critical skill or discipline described in subsection (a) at an
institution of higher education; and
(C) enters into a service agreement with the Secretary of
Defense as described in subsection (c).
(2) The amount of the financial assistance provided under a
scholarship awarded to a person under this subsection shall be the
amount determined by the Secretary of Defense as being necessary to pay
all educational expenses incurred by that person, including tuition,
fees, cost of books, laboratory expenses, and expenses of room and
board. The expenses paid, however, shall be limited to those
educational expenses normally incurred by students at the institution
of higher education involved.
(c) Service Agreement for Recipients of Assistance.--(1) To receive
financial assistance under this section--
(A) in the case of an employee of the Department of
Defense, the employee shall enter into a written agreement to
continue in the employment of the department for the period of
obligated service determined under paragraph (2); and
(B) in the case of a person not an employee of the
Department of Defense, the person shall enter into a written
agreement to accept and continue employment in the Department
of Defense for the period of obligated service determined under
paragraph (2).
(2) For the purposes of this subsection, the period of obligated
service for a recipient of a scholarship under this section shall be
the period determined by the Secretary of Defense as being appropriate
to obtain adequate service in exchange for the financial assistance
provided under the scholarship. In no event may the period of service
required of a recipient be less than the total period of pursuit of a
degree that is covered by the scholarship. The period of obligated
service is in addition to any other period for which the recipient is
obligated to serve in the civil service of the United States.
(3) An agreement entered into under this subsection by a person
pursuing an academic degree shall include any terms and conditions that
the Secretary of Defense determines necessary to protect the interests
of the United States or otherwise appropriate for carrying out this
section.
(d) Refund for Period of Unserved Obligated Service.--(1) A person
who voluntarily terminates service before the end of the period of
obligated service required under an agreement entered into under
subsection (c) shall refund to the United States an amount determined
by the Secretary of Defense as being appropriate to obtain adequate
service in exchange for financial assistance.
(2) An obligation to reimburse the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
(3) The Secretary of Defense may waive, in whole or in part, a
refund required under paragraph (1) if the Secretary determines that
recovery would be against equity and good conscience or would be
contrary to the best interests of the United States.
(4) A discharge in bankruptcy under title 11, United States Code,
that is entered less than five years after the termination of an
agreement under this section does not discharge the person signing such
agreement from a debt arising under such agreement or under this
subsection.
(e) Relationship to Other Programs.--The pilot program under this
section is in addition to the authorities provided in chapter 111 of
title 10, United States Code. The Secretary of Defense shall coordinate
the provision of financial assistance under the authority of this
section with the provision of financial assistance under the
authorities provided in such chapter in order to maximize the benefits
derived by the Department of Defense from the exercise of all such
authorities.
(f) Recommendation on Pilot Program.--Not later than February 1,
2007, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a plan for
expanding and improving the national defense science and engineering
workforce educational assistance pilot program carried out under this
section as appropriate to improve recruitment and retention to meet the
requirements of the Department of Defense for its science and
engineering workforce on a short-term basis and on a long-term basis.
(g) Institution of Higher Education Defined.--In this section, the
term ``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (21 U.S.C.
1001).
SEC. 1102. FOREIGN LANGUAGE PROFICIENCY PAY.
(a) Eligibility for Service Not Related to Contingency
Operations.--Section 1596a(a)(2) of title 10, United States Code, is
amended by striking ``during a contingency operation supported by the
armed forces''.
(b) Effective Date and Applicability.--The amendment by this
section shall take effect on October 1, 2004, and shall apply with
respect to months beginning on or after such date.
SEC. 1103. PAY AND PERFORMANCE APPRAISAL PARITY FOR CIVILIAN
INTELLIGENCE PERSONNEL.
(a) Pay Rates.--Section 1602(a) of title 10, United States Code, is
amended by striking ``in relation to the rates of pay provided in
subpart D of part III of title 5 for positions subject to that subpart
which have corresponding levels of duties and responsibilities'' and
inserting ``in relation to the rates of pay provided for comparable
positions in the Department of Defense, including Senior Executive
Service positions (as defined in section 3132 of title 5) or other
senior level positions''.
(b) Performance Appraisal System.--Section 1606 of such title is
amended by adding at the end the following new subsection:
``(d) Performance Appraisals.--(1) The Defense Intelligence Senior
Executive Service shall be subject to a performance appraisal system
which, as designed and applied, is certified by the Secretary of
Defense under section 5307 of title 5 as making meaningful distinctions
based on relative performance.
``(2) The performance appraisal system applicable to the Defense
Intelligence Senior Executive Service under paragraph (1) may be the
same performance appraisal system that is established and implemented
within the Department of Defense for members of the Senior Executive
Service.''.
SEC. 1104. ACCUMULATION OF ANNUAL LEAVE BY INTELLIGENCE SENIOR LEVEL
EMPLOYEES.
Section 6304(f)(1) of title 5, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``in a position'';
(2) in subparagraphs (A), (B), (C), (D), and (E), by
inserting ``a position in'' before ``the'';
(3) by striking ``or'' at the end of subparagraph (D);
(4) by striking the period at the end of subparagraph (E)
and inserting ``; or''; and
(5) by adding at the end the following new subparagraph:
``(F) a position designated as an Intelligence Senior Level
position under section 1607(a) of title 10.''.
SEC. 1105. PAY PARITY FOR SENIOR EXECUTIVES IN DEFENSE NONAPPROPRIATED
FUND INSTRUMENTALITIES.
(a) Authority.--Chapter 81 of title 10, United States Code, is
amended by inserting after section 1587 the following new section:
``Sec. 1587a. Employees of nonappropriated fund instrumentalities:
senior executive pay levels
``(a) Authority.--To achieve the objective stated in subsection
(b), the Secretary of Defense may regulate the amount of total
compensation that is provided for senior executives of nonappropriated
fund instrumentalities who, for the fixing of pay by administrative
action, are under the jurisdiction of the Secretary of Defense or the
Secretary of a military department.
``(b) Pay Parity.--The objective of an action taken with respect to
the compensation of a senior executive under subsection (a) is to
provide for parity between the total compensation provided for such
senior executive and total compensation that is provided for Department
of Defense employees in Senior Executive Service positions or other
senior executive positions.
``(c) Standards of Comparability.--Subject to subsection (d), the
Secretary of Defense shall prescribe the standards of comparison that
are to apply in the making of the determinations necessary to achieve
the objective stated in subsection (b).
``(d) Establishment of Pay Rates.--The Secretary of Defense shall
apply subsections (a) and (b) of section 5382 of title 5 in the
regulation of compensation under this section.
``(e) Relationship to Pay Limitation.--The Secretary of Defense may
exercise the authority provided in subsection (a) without regard to
section 5373 of title 5.
``(f) Definitions.--In this section:
``(1) The term `compensation' includes rate of basic pay.
``(2) The term `Senior Executive Service position' has the
meaning given such term in section 3132 of title 5.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1587 the following new item:
``1587a. Employees of nonappropriated fund instrumentalities: senior
executive pay levels.''.
SEC. 1106. HEALTH BENEFITS PROGRAM FOR EMPLOYEES OF NONAPPROPRIATED
FUND INSTRUMENTALITIES.
(a) Establishment.--(1) Chapter 81 of title 10, United States Code,
as amended by section 1105(a), is further amended by inserting after
section 1587a the following new section:
``Sec. 1587b. Employees of nonappropriated fund instrumentalities:
health benefits program
``(a) Program Required.--The Secretary of Defense shall provide a
uniform health benefits program for employees of the Department of
Defense assigned to a nonappropriated fund instrumentality of the
United States.
``(b) Exemption From State and Local Laws, Taxes, and Other
Requirements.--The exemption in section 8909(f) of title 5 shall apply
to the program under subsection (a) and to a carrier, underwriting
contractor, and plan administration contractor under such program in
the same manner and to the same extent as such exemption applies under
section 8909(f) of such title to an approved health benefits plan under
chapter 89 of such title and a carrier, underwriting subcontractor, and
plan administration subcontractor, respectively, of such a plan.''.
(2) The table of sections at the beginning of such chapter, as
amended by section 1105(b), is further amended by inserting after the
item relating to section 1587a the following new item:
``1587b. Employees of nonappropriated fund instrumentalities: health
benefits program.''.
(b) Repeal of Superseded Law.--Section 349 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2727; 10 U.S.C. 1587 note) is repealed.
TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
SEC. 1201. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of CTR Programs.--For purposes of section 301 and
other provisions of this Act, Cooperative Threat Reduction programs are
the programs specified in section 1501(b) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2731; 50 U.S.C. 2362 note).
(b) Fiscal Year 2005 Cooperative Threat Reduction Funds Defined.--
As used in this title, the term ``fiscal year 2005 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs shall be available for obligation for three fiscal
years.
SEC. 1202. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $409,200,000 authorized
to be appropriated to the Department of Defense for fiscal year 2005 in
section 301(19) for Cooperative Threat Reduction programs, the
following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$58,522,000.
(2) For nuclear weapons storage security in Russia,
$48,672,000.
(3) For nuclear weapons transportation security in Russia,
$26,300,000.
(4) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$40,030,000.
(5) For chemical weapons destruction in Russia,
$158,400,000.
(6) For biological weapons proliferation prevention in the
former Soviet Union, $54,959,000.
(7) For defense and military contacts, $8,000,000.
(8) For activities designated as Other Assessments/
Administrative Support, $14,317,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2005 Cooperative Threat Reduction funds may
be obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (8) of subsection (a) until 30 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the
amount of funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2005 Cooperative Threat Reduction funds for
a purpose for which the obligation or expenditure of such funds is
specifically prohibited under this title or any other provision of law.
(c) Limited Authority To Vary Individual Amounts.--(1) Subject to
paragraphs (2) and (3), in any case in which the Secretary of Defense
determines that it is necessary to do so in the national interest, the
Secretary may obligate amounts appropriated for fiscal year 2005 for a
purpose listed in any of the paragraphs in subsection (a) in excess of
the specific amount authorized for that purpose.
(2) An obligation of funds for a purpose stated in any of the
paragraphs in subsection (a) in excess of the specific amount
authorized for such purpose may be made using the authority provided in
paragraph (1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for a purpose stated in any of
paragraphs (5) through (8) of subsection (a) in excess of 125 percent
of the specific amount authorized for such purpose.
SEC. 1203. MODIFICATION AND WAIVER OF LIMITATION ON USE OF FUNDS FOR
CHEMICAL WEAPONS DESTRUCTION FACILITIES IN RUSSIA.
(a) Modification of Limitation.--Section 1305 of the National
Defense Authorization Act for Fiscal Year 2000 (22 U.S.C. 5952 note) is
amended by striking ``or expended''.
(b) Waiver Authority.--The conditions described in section 1305 of
the National Defense Authorization Act for Fiscal Year 2000, as amended
by subsection (a), shall not apply to the obligation of funds during a
fiscal year for the planning, design, or construction of a chemical
weapons destruction facility in Russia if the President submits to
Congress a written certification with respect to such fiscal year that
includes--
(1) a statement as to why the waiver of the conditions
during the fiscal year covered by such certification is
consistent with the national security interests of the United
States; and
(2) a plan to promote a full and accurate disclosure by
Russia regarding the size, content, status, and location of its
chemical weapons stockpile.
SEC. 1204. INCLUSION OF DESCRIPTIVE SUMMARIES IN ANNUAL COOPERATIVE
THREAT REDUCTION REPORTS AND BUDGET JUSTIFICATION
MATERIALS.
Section 1307 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2165; 22 U.S.C.
5952 note) is amended--
(1) in subsection (a), by striking ``as part of the
Secretary's annual budget request to Congress'' in the matter
preceding paragraph (1) and inserting ``in the materials and
manner specified in subsection (c)''; and
(2) by adding at the end the following new subsection:
``(c) Inclusion in Certain Materials Submitted to Congress.--The
summary required to be submitted to Congress in a fiscal year under
subsection (a) shall be set forth by project category, and by amounts
specified in paragraphs (1) and (2) of that subsection in connection
with such project category, in each of the following:
``(1) The annual report on activities and assistance under
Cooperative Threat Reduction programs required in such fiscal
year under section 1308 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398).
``(2) The budget justification materials submitted to
Congress in support of the Department of Defense budget for the
fiscal year succeeding such fiscal year (as submitted with the
budget of the President under section 1105(a) of title 31,
United States Code).''.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2005''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Anniston Army Depot.. $23,690,000
Fort Rucker.......... $16,500,000
Alaska......................... Fort Richardson...... $24,300,000
Fort Wainwright...... $92,459,000
Arizona........................ Fort Huachuca........ $18,000,000
California..................... Fort Irwin........... $38,100,000
Sierra Army Depot.... $13,600,000
Colorado....................... Fort Carson.......... $63,158,000
Georgia........................ Fort Benning......... $71,777,000
Fort Gillem.......... $5,800,000
Fort McPherson....... $4,900,000
Fort Stewart/Hunter $65,495,000
Army Air Field......
Hawaii......................... Helemano Military $75,300,000
Reservation.
Hickam Air Field..... $11,200,000
Pohakuloa Training $40,000,000
Area.
Schofield Barracks... $162,792,000
Wheeler Army Air $24,000,000
Field.
Kansas......................... Fort Riley........... $59,550,000
Kentucky....................... Fort Campbell........ $92,000,000
Fort Knox............ $75,750,000
Louisiana...................... Fort Polk............ $70,953,000
Maryland....................... Aberdeen Proving $13,000,000
Ground.
Missouri....................... Fort Leonard Wood.... $28,150,000
New Mexico..................... White Sands Missile $33,000,000
Range.
New York....................... Fort Drum............ $7,950,000
Fort Hamilton........ $7,600,000
Military Entrance $6,200,000
Processing Station,
Buffalo.
United States $60,000,000
Military Academy,
West Point.
North Carolina................. Fort Bragg........... $101,687,000
Oklahoma....................... Fort Sill............ $14,400,000
Pennsylvania................... Letterkenny Depot.... $11,400,000
Texas.......................... Fort Bliss........... $20,100,000
Fort Hood............ $78,088,000
Fort Sam Houston..... $11,400,000
Virginia....................... Fort A.P. Hill....... $14,775,000
Fort Myer............ $49,526,000
Washington..................... Fort Lewis........... $57,200,000
-----------------
Total............ $1,563,800,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Grafenwoehr............ $77,200,000
Italy.......................... Livorno................ $26,000,000
Korea.......................... Camp Humphreys......... $12,000,000
---------------
Total.................. $115,200,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations or locations, for the purposes, and in
the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Fort Richardson............ 92 Units................... $42,000,000
Fort Wainwright............ 246 Units.................. $124,000,000
Arizona................................. Fort Huachuca.............. 205 Units.................. $41,000,000
Yuma Proving Grounds....... 55 Units................... $14,900,000
Kansas.................................. Fort Riley................. 126 Units.................. $33,000,000
New Mexico.............................. White Sands Missile Range.. 156 Units.................. $31,000,000
Oklahoma................................ Fort Sill.................. 247 Units.................. $47,000,000
Virginia................................ Fort Lee................... 218 Units.................. $46,000,000
Fort Monroe................ 68 Units................... $16,000,000
-------------
Total.................. $394,900,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(5)(A), the
Secretary of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $29,209,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(a)(5)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $211,990,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2004, for military
construction, land acquisition, and military family housing functions
of the Department of the Army in the total amount of $3,507,891,000, as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $1,534,500,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $115,200,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$20,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $154,335,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $636,099,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $928,907,000.
(6) For the construction of phase 3 of a barracks complex
renewal, Capron Road, Schofield Barracks, Hawaii, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2003 (division B of Public Law 107-314; 116
Stat. 2681), $48,000,000.
(7) For the construction of phase 3 of a maintenance
complex at Fort Sill, Oklahoma, authorized by section 2101(a)
of the Military Construction Authorization Act for Fiscal Year
2003 (division B of Public Law 107-314; 116 Stat. 2681), as
amended by section 2106 of this Act, $13,100,000.
(8) For the construction of phase 2 of a barracks complex,
5th and 16th Street, at Fort Stewart/Hunter Army Air Field,
Georgia, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2004 (division B
of Public Law 108-136; 117 Stat. 1697), as amended by section
2105 of this Act, $32,950,000.
(9) For the construction of phase 2 of the Lewis and Clark
instructional facility, at Fort Leavenworth, Kansas, authorized
by section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1697), $44,000,000.
(10) For the construction of phase 2 of a barracks complex
at Wheeler Sack Army Air Field, Fort Drum, New York, authorized
by section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1697), as amended by section 2105 of this Act,
$48,000,000.
(11) For the construction of phase 2 of a barracks complex,
Bastogne Drive, at Fort Bragg, North Carolina, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1697), $48,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a);
(2) $41,000,000 (the balance of the amount authorized under
section 2101(a) for an upgrade to Drum Road at the Helemano
Military Reservation, Hawaii);
(3) $25,000,000 (the balance of the amount authorized under
section 2101(a) to construct a vehicle maintenance facility at
Schofield Barracks, Hawaii);
(4) $25,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex, 42nd
Street and Indiana Avenue, at Fort Campbell, Kentucky);
(5) $22,000,000 (the balance of the amount authorized under
section 2101(a) for the construction of a basic combat training
complex at Fort Knox, Kentucky);
(6) $31,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex,
Blackjack Street, Fort Bragg, North Carolina); and
(7) $25,500,000 (the balance of the amount authorized under
section 2101(a) for construction of a library and learning
center at the United States Military Academy, New York).
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2004 PROJECTS.
The table in section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public Law 108-
136; 117 Stat. 1697) is amended--
(1) in the item relating to Fort Stewart, Georgia, by
striking ``$113,500,000'' in the amount column and inserting
``$114,450,000'';
(2) in the item relating to Fort Drum, New York, by
striking ``$130,700,000'' in the amount column and inserting
``$135,700,000''; and
(3) by striking the amount identified as the total in the
amount column and inserting ``$1,043,150,000''.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2003 PROJECT.
The table in section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public Law 107-
314; 116 Stat. 2681), as amended by section 2105(a)(2) of the Military
Construction Authorization Act for Fiscal Year 2004 (division B of
Public Law 108-136; 117 Stat. 1701), is further amended--
(1) in the item relating to Fort Sill, Oklahoma, by
striking ``$39,652,000'' in the amount column and inserting
``$40,752,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,157,267,000''.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................ Marine Corps Air $26,670,000
Station, Yuma.
California..................... Marine Corps Base, $38,455,000
Camp Pendleton.
Naval Air Facility, El $54,331,000
Centro.
Recruit Depot, San $8,110,000
Diego.
Connecticut.................... Naval Submarine Base, $50,302,000
New London.
District of Columbia........... Naval Observatory, $3,239,000
Washington.
Florida........................ Eglin Air Force Base.. $2,060,000
Naval Station, Mayport $6,200,000
Georgia........................ Strategic Weapons $16,000,000
Facility Atlantic,
Kings Bay............
Illinois....................... Naval Training $74,781,000
Station, Great Lakes.
Maine.......................... Naval Air Station, $4,690,000
Brunswick............
Portsmouth Naval $7,860,000
Station..............
Maryland....................... Naval Surface Warfare $13,900,000
Center, Indian Head..
Mississippi.................... Naval Construction $4,350,000
Battalion Center,
Gulfport.............
Nevada......................... Naval Air Station, $4,980,000
Fallon...............
North Carolina................. Marine Corps Air $35,140,000
Station, New River...
Marine Corps Base, $13,420,000
Camp Lejeune.........
Washington County..... $136,900,000
Rhode Island................... Naval Station Newport. $9,080,000
Virginia....................... Camp Elmore Marine $13,500,000
Corps Detachment.
Marine Corps Base, $46,270,000
Quantico.............
Naval Air Station, $2,770,000
Oceana...............
Naval Amphibious Base, $2,850,000
Little Creek.
Naval Station, Norfolk $4,330,000
Naval Weapons Station, $9,870,000
Yorktown.............
Washington..................... Naval Shipyard Puget $20,305,000
Sound, Bremerton.
Naval Station, $74,125,000
Bremerton.
Strategic Weapons $131,090,000
Facility Pacific,
Bangor...............
----------------
Total............. $815,578,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Diego Garcia................... Naval Support Facility, $17,500,000
Diego Garcia..........
Guam........................... Naval Station, Guam.... $33,200,000
Italy.......................... Sigonella.............. $22,550,000
---------------
Total.............. $73,250,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2204(a)(3), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations, and in the
amount, set forth in the following table:
Navy: Unspecified Worldwide
------------------------------------------------------------------------
Installation or
Location location Amount
------------------------------------------------------------------------
Worldwide Unspecified.......... Unspecified Worldwide.. $52,658,000
---------------
Total.............. $52,658,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a)(6)(A), the Secretary of the Navy may
construct or acquire family housing units (including land acquisition
and supporting facilities) at the installations or locations, for the
purposes, and in the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location Purpose Amount
----------------------------------------------------------------------------------------------------------------
North Carolina.......................... Marine Corps Air Station, 198 Units.................. $27,002,000
Cherry Point..............
-------------
Total.................. $27,002,000
----------------------------------------------------------------------------------------------------------------
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a)(6)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $112,105,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2004, for military
construction, land acquisition, and military family housing functions
of the Department of the Navy in the total amount of $1,825,576,000, as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $676,198,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $73,250,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2201(c), $18,560,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$12,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $87,067,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $139,107,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $704,504,000.
(7) For the construction of phase 2 of the tertiary sewage
treatment plant at Marine Corps Base, Camp Pendleton,
California, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2004 (division B
of Public Law 108-136; 117 Stat. 1703), $25,690,000.
(8) For the construction of phase 2 of the general purpose
berthing pier at Naval Weapons Station, Earle, New Jersey,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2004, $49,200,000.
(9) For the construction of phase 2 of pier 11 replacement
at Naval Station, Norfolk, Virginia, authorized by section
2201(a) of the Military Construction Authorization Act for
Fiscal Year 2004, $40,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a);
(2) $21,000,000 (the balance of the amount authorized under
section 2201(a) for the replacement of an aircraft parking
apron and hangar at Naval Air Facility El Centro, California);
(3) $70,000,000 (the balance of the amount authorized under
section 2201(a) to acquire land interests for an outlying
landing field in Washington County, North Carolina);
(4) $95,320,000 (the balance of the amount authorized under
section 2201(a) for construction of a limited area production
and storage complex at the Strategic Weapons Facility Pacific,
Bangor, Washington); and
(5) $40,000,000 (the balance of the amount authorized under
section 2201(a) for the construction of a bachelor enlisted
quarters at Naval Station Bremerton, Washington).
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2004 PROJECTS.
The table in section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public Law 108-
136; 117 Stat. 1703) is amended--
(1) in the item relating to Various Locations, CONUS, by
striking ``$56,360,000'' in the amount column and inserting
``$61,510,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,341,022,000''.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alaska......................... Elmendorf Air Force $54,057,000
Base.
Arizona........................ Davis-Monthan Air Force $10,029,000
Base.
Luke Air Force Base.... $10,000,000
Arkansas....................... Little Rock Air Force $5,031,000
Base.
California..................... Beale Air Force Base... $10,186,000
Edwards Air Force Base. $9,965,000
Travis Air Force Base.. $15,244,000
Colorado....................... Buckley Air Force Base. $12,247,000
Delaware....................... Dover Air Force Base... $9,500,000
Florida........................ Patrick Air Force Base. $8,800,000
Georgia........................ Moody Air Force Base... $9,600,000
Robins Air Force Base.. $15,000,000
Hawaii......................... Hickam Air Force Base.. $34,400,000
Maui Site.............. $7,500,000
Louisiana...................... Barksdale Air Force $13,800,000
Base.
Maryland....................... Andrews Air Force Base. $17,100,000
Mississippi.................... Columbus Air Force Base $7,700,000
Montana........................ Malmstrom Air Force $5,600,000
Base.
Nebraska....................... Offut Air Force Base... $6,721,000
New Mexico..................... Cannon Air Force Base.. $9,500,000
North Carolina................. Pope Air Force Base.... $15,150,000
North Dakota................... Minot Air Force Base... $9,900,000
Ohio........................... Wright-Patterson Air $9,200,000
Force Base.
Oklahoma....................... Altus Air Force Base... $10,500,000
Tinker Air Force Base.. $8,000,000
South Carolina................. Shaw Air Force Base.... $3,300,000
South Dakota................... Ellsworth Air Force $11,800,000
Base.
Tennessee...................... Arnold Air Force Base.. $22,000,000
Texas.......................... Dyess Air Force Base... $11,000,000
Lackland Air Force Base $2,596,000
Sheppard Air Force Base $50,284,000
Utah........................... Hill Air Force Base.... $20,813,000
---------------
Total.................. $446,523,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Ramstein Air Base...... $25,404,000
Greenland...................... Thule Air Base......... $19,800,000
Guam........................... Andersen Air Base...... $19,593,000
Italy.......................... Aviano Air Base........ $6,760,000
Korea.......................... Kunsan Air Base........ $37,100,000
Osan Air Base.......... $18,600,000
Portugal....................... Lajes Field, Azores.... $5,689,000
United Kingdom................. Royal Air Force, $5,500,000
Lakenheath.
---------------
Total.............. $138,446,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(3), the Secretary
of the Air Force may acquire real property and carry out military
construction projects for the installations and locations, and in the
amounts, set forth in the following table:
Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Installation or
Location location Amount
------------------------------------------------------------------------
Worldwide Classified........... Worldwide Unspecified $28,794,000
Classified.
Worldwide Unspecified.......... Worldwide Unspecified.. $26,121,000
---------------
Total.............. $54,915,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2304(6)(A),
the Secretary of the Air Force may construct or acquire family housing
units (including land acquisition and supporting facilities) at the
installations or locations, for the purposes, and in the amounts set
forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona................................. Davis-Monthan Air Force 250 Units.................. $48,500,000
Base......................
California.............................. Edwards Air Force Base..... 218 Units.................. $41,202,000
Vandenberg Air Force Base.. 120 Units.................. $30,906,000
Florida................................. MacDill Air Force Base..... 61 Units................... $21,723,000
MacDill Air Force Base..... Housing Maintenance $1,250,000
Facility.
Idaho................................... Mountain Home Air Force 147 Units.................. $39,333,000
Base......................
Mississippi............................. Columbus Air Force Base.... Family Housing Management $711,000
Facility..................
Missouri................................ Whiteman Air Force Base.... 160 Units.................. $37,087,000
Montana................................. Malmstrom Air Force Base... 115 Units.................. $29,910,000
North Carolina.......................... Seymour Johnson Air Force 167 Units.................. $32,693,000
Base......................
North Dakota............................ Grand Forks Air Force Base. 90 Units................... $26,169,000
Minot Air Force Base....... 142 Units.................. $37,087,000
South Carolina.......................... Charleston Air Force Base.. Fire Station............... $1,976,000
South Dakota............................ Ellsworth Air Force Base... 75 Units................... $21,482,000
Texas................................... Dyess Air Force Base....... 127 Units.................. $28,664,000
Goodfellow Air Force Base.. 127 Units.................. $20,604,000
Germany................................. Ramstein Air Base.......... 144 Units.................. $57,691,000
Italy................................... Aviano Air Base............ Family Housing Office...... $2,542,000
Korea................................... Osan Air Base.............. 117 Units.................. $46,834,000
United Kingdom.......................... Royal Air Force, Lakenheath 154 Units.................. $43,976,000
-------------
Total.................. $570,340,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(6)(A), the
Secretary of the Air Force may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $38,266,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, Unites States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(6)(A), the Secretary of the Air Force may improve existing
military family housing units in an amount not to exceed $238,353,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
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 $2,487,824,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $446,523,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $138,446,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2301(c), $54,915,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $13,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $124,085,000.
(6) For military housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $846,959,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $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 and locations inside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Intelligence Agency.... Bolling Air Force Base, $6,000,000
District of Columbia..
Defense Logistics Agency....... Defense Distribution $22,300,000
Depot, New Cumberland,
Pennsylvania..........
Defense Distribution $10,100,000
Depot, Richmond,
Virginia..............
Defense Fuel Support $3,589,000
Point, Naval Air
Station Oceana,
Virginia..............
Marine Corps Air $22,700,000
Station, Cherry Point,
North Carolina........
Naval Air Station, $3,900,000
Kingsville, Texas.....
Naval Station, Pearl $3,500,000
Harbor, Hawaii........
Tinker Air Force Base, $5,400,000
Oklahoma..............
Travis Air Force Base, $15,100,000
California............
Missile Defense Agency......... Huntsville, Alabama.... $19,560,000
National Security Agency....... Fort Meade, Maryland... $15,007,000
Special Operations Command..... Corona, California..... $13,600,000
Fleet Combat Training $5,700,000
Center, Dam Neck,
Virginia..............
Fort A.P. Hill, $1,500,000
Virginia..............
Fort Bragg, North $42,888,000
Carolina..............
Fort Campbell, Kentucky $3,500,000
Fort Stewart/Hunter $17,600,000
Army Air Field,
Georgia...............
Naval Air Station, $1,000,000
North Island,
California............
Naval Amphibious Base, $33,200,000
Little Creek, Virginia
Stennis Center, $6,000,000
Mississippi...........
Tri-Care Management Activity... Buckley Air Force Base, $2,100,000
Colorado..............
Fort Belvoir, Virginia. $100,000,000
Fort Benning, Georgia.. $7,100,000
Jacksonville, Florida.. $28,438,000
Langley Air Force Base, $50,800,000
Virginia..............
Marine Corps Recruit $25,000,000
Depot, Parris Island,
South Carolina........
---------------
Total.............. $465,582,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2404(a)(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Education Agency....... Grafenwoehr, Germany... $36,247,000
Vilseck, Germany....... $9,011,000
Naval Station, Guam.... $26,964,000
Defense Logistics Agency....... Defense Fuel Support $19,113,000
Point, Lajes Field,
Portugal..............
Special Operations Command..... Naval Station, Guam, $2,200,000
Marianas Islands......
Tri-Care Management Activity... Diego Garcia........... $3,800,000
Grafenwoehr, Germany... $13,000,000
---------------
Total.............. $110,335,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the amounts appropriated pursuant
to the authorization of appropriations in section 2404(a)(3), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations, and in the
amounts, set forth in the following table:
Defense Agencies: Unspecified Worldwide
------------------------------------------------------------------------
Installation or
Location location Amount
------------------------------------------------------------------------
Worldwide Classified........... Worldwide Unspecified $7,400,000
Classified............
Worldwide Unspecified.......... Worldwide Unspecified.. $2,900,000
---------------
Total.............. $10,300,000
------------------------------------------------------------------------
SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2404(a)(9)(A), the Secretary of Defense may improve existing
military family housing units in an amount not to exceed $49,000.
SEC. 2403. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2404(a)(7), the Secretary of Defense may
carry out energy conservation projects under section 2865 of title 10,
United States Code, in the amount of $60,000,000.
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2004, for military
construction, land acquisition, and military family housing functions
of the Department of Defense (other than the military departments) in
the total amount of $980,557,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $408,582,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $110,335,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2401(c), $10,300,000.
(4) For unspecified minor military construction projects
under section 2805 of title 10, United States Code,
$20,938,000.
(5) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$10,000,000.
(6) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $62,182,000.
(7) For energy conservation projects authorized by section
2404, $60,000,000.
(8) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $246,116,000.
(9) For military family housing functions:
(A) For improvement of military family housing and
facilities, $49,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $49,575,000.
(C) For credit to the Department of Defense Family
Housing Improvement Fund established by section
2883(a)(1) of title 10, United States Code, $2,500,000.
(10) For the construction of phase 6 of a munitions
demilitarization facility at Pueblo Chemical Activity,
Colorado, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division B
of Public Law 104-201; 110 Stat. 2775), as amended by section
2406 of the Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106-65; 113 Stat. 839) and
section 2407 of the Military Construction Authorization Act for
Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat.
2698), $44,792,000.
(11) For the construction of phase 5 of a munitions
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act of 2002 (division B of
Public Law 107-107; 115 Stat. 1298) and section 2405 of the
Military Construction Authorization Act for Fiscal Year 2003
(division B of Public Law 107-314; 116 Stat. 2698),
$37,094,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a); and
(2) $57,000,000 (the balance of the amount authorized under
section 2401(a) for the replacement of a hospital at Fort
Belvoir, Virginia).
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2004, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment program authorized by
section 2501, in the amount of $165,800,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years beginning
after September 30, 2004, for the costs of acquisition, architectural
and engineering services, and construction of facilities for the Guard
and Reserve Forces, and for contributions therefor, under chapter 1803
of title 10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United
States, $371,430,000; and
(B) for the Army Reserve, $63,047,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $25,285,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $214,418,000; and
(B) for the Air Force Reserve, $99,206,000.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2007; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2008.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations of
appropriations therefor) for which appropriated funds have been
obligated before the later of--
(1) October 1, 2007; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2008 for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2002
PROJECTS.
(a) Extension of Certain Projects.--Notwithstanding section 2701 of
the National Defense Authorization Act for Fiscal Year 2001 (division B
of Public Law 107-107; 115 Stat. 1301), authorizations set forth in the
tables in subsection (b), as provided in section 2101 or 2302 of that
Act, shall remain in effect until October 1, 2005, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2006, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Army: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................ Fort Wainwright.......... Power Plant Cooling Tower.... $23,000,000
Hawaii................................ Pohakuloa Training Area.. Parker Ranch Land Acquisition $1,500,000
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Colorado.............................. Buckley Air Force Base... Construct Family Housing (55 $11,400,000
Units)......................
Louisiana............................. Barksdale Air Force Base. Replace Family Housing (56 $7,300,000
Units)......................
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2001
PROJECT.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2001 (division B of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat. 1654A-407)),
authorizations set forth in the table in subsection (b), as provided in
section 2102 of that Act and extended by section 2702 of the Military
Construction Authorization Act for Fiscal Year 2004 (division B of
Public Law 108-136; 117 Stat. 1716), shall remain in effect until
October 1, 2005, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2006, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
South Carolina........................ Fort Jackson............. New Construction-Family $250,000
Housing (1 Unit)............
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this Act shall take
effect on the later of--
(1) October 1, 2004; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. INCREASE IN THRESHOLDS FOR UNSPECIFIED MINOR MILITARY
CONSTRUCTION PROJECTS.
(a) Increase.--Section 2805(a)(1) of title 10, United States Code,
is amended--
(1) by striking ``$1,500,000'' and inserting
``$2,500,000''; and
(2) by striking ``$3,000,000'' and inserting
``$4,000,000''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2004.
SEC. 2802. MODIFICATION OF APPROVAL AND NOTICE REQUIREMENTS FOR
FACILITY REPAIR PROJECTS.
(a) Increase in Threshold for Approval Requirement.--Subsection (b)
of section 2811 of title 10, United States Code, is amended by striking
``$5,000,000'' and inserting ``$7,500,000''.
(b) Information Required in Cost Estimate for Multi-Year
Projects.--Subsection (d)(1) of such section is amended by inserting
before the semicolon the following: ``, including, in the case of a
multi-year repair project to a single facility, the total cost of all
phases of such project''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2004.
SEC. 2803. ADDITIONAL REPORTING REQUIREMENTS RELATING TO ALTERNATIVE
AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY
HOUSING.
(a) Project Reports.--Paragraph (2) of subsection (a) of section
2884 of title 10, United States Code, is amended to read as follows:
``(2) The report on a proposed contract, conveyance, or lease under
paragraph (1) shall include the following:
``(A) A description of the contract, conveyance, or lease,
including a summary of the terms of the contract, conveyance,
or lease.
``(B) A description of the authorities to be utilized in
entering into the contract, conveyance, or lease and the
intended method of participation of the United States in the
contract, conveyance, or lease (including a justification of
the intended method of participation).
``(C) A statement of the scored cost of the contract,
conveyance, or lease (as determined by the Office of Management
and Budget).
``(D) A statement of the United States funds required for
the contract, conveyance, or lease and a description of the
source of such funds.
``(E) An economic assessment of the life cycle costs of the
contract, conveyance, or lease, including an estimate of the
amount of United States funds that would be paid over the life
of the contract, conveyance, or lease from amounts derived from
payments of government allowances (including basic allowance
for housing under section 403 of title 37) if the housing
affected by the project were fully occupied by military
personnel over the life of the contract, conveyance, or
lease.''.
(b) Annual Reports.--Subsection (b) of such section is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5) A report setting forth--
``(A) an estimate of the amounts of basic allowance
for housing under section 403 of title 37 that will be
paid during the fiscal year in which the budget is
submitted to members of the armed forces living in
housing provided under the authorities in this
subchapter during such fiscal year, set forth by armed
force; and
``(B) an estimate of the amounts of basic allowance
for housing that will be paid during the fiscal year
for which the budget is submitted to members of the
armed forces living in such housing during such fiscal
year, set forth by armed force.''.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. RECODIFICATION AND CONSOLIDATION OF CERTAIN AUTHORITIES AND
LIMITATIONS RELATING TO REAL PROPERTY ADMINISTRATION.
(a) Certain Provisions on Land Acquisition.--
(1) Recodification.--Section 2661 of title 10, United
States Code, is amended by adding at the end the following new
subsections:
``(c) Commissions on Land Purchase Contracts.--The maximum amount
payable as a commission on a contract for the purchase of land from
funds appropriated for the Department of Defense is 2 percent of the
purchase price.
``(d) Availability of Funds for Acquisition of Certain Interests in
Lands.--Appropriations available to the Department of Defense for
operation and maintenance or construction may be used for the
following:
``(1) The acquisition of land or interests in land under
section 2672 of this title.
``(2) The acquisition of interests in land under section
2675 of this title.''.
(2) Stylistic amendments.--Such section is further
amended--
(A) in subsection (a), by inserting ``Availability
of Funds for Repair of Facilities and for Installation
of Equipment.--'' after ``(a)''; and
(B) in subsection (b), by inserting ``Leases;
Defense Access Roads.--'' after ``(b)''.
(b) Certain Provisions on Use of Facilities.--Section 2679 of such
title is amended to read as follows:
``Sec. 2679. Use of facilities: use by private organizations; use as
polling places
``(a) Use of Space and Equipment by Veterans Service
Organizations.--(1) Upon certification to the Secretary concerned by
the Secretary of Veterans Affairs, the Secretary concerned shall allow
accredited, paid, full-time representatives of the organizations named
in section 5902 of title 38, or of other organizations recognized by
the Secretary of Veterans Affairs, to function on military
installations under the jurisdiction of the Secretary concerned that
are on land and from which persons are discharged or released from
active duty.
``(2) The commanding officer of a military installation allowing
representatives to function on the installation under paragraph (1)
shall allow the representatives to use available space and equipment at
the installation.
``(3) The regulations prescribed to carry out section 2679 of title
10, United States Code (as in effect on the day before the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2005), that are in effect on January 1, 1958, shall remain in effect
until changed by joint action of the Secretary concerned and the
Secretary of Veterans Affairs.
``(4) This subsection does not authorize the violation of measures
of military security.
``(b) Licenses to American National Red Cross for Erection and Use
of Buildings.--(1) Under such conditions as the Secretary concerned may
prescribe, such Secretary may issue a revocable license to the American
National Red Cross to--
``(A) erect and maintain, on any military installation
under the jurisdiction of such Secretary, buildings for the
storage of supplies; or
``(B) use, for the storage of supplies, buildings erected
by the United States.
``(2) Supplies stored in buildings erected or used under this
subsection are available to aid the civilian population in a serious
national disaster.
``(c) Use of Certain Facilities as Polling Places.--(1)
Notwithstanding chapter 29 of title 18 (including sections 592 and 593
of such title) or any other provision of law, the Secretary of Defense
or Secretary of a military department may not (except as provided in
paragraph (3)) prohibit the designation or use of a qualifying facility
under the jurisdiction of such Secretary as an official polling place
for Federal, State, or local elections.
``(2) A Department of Defense facility is a qualifying facility for
purposes of this subsection if as of December 31, 2000--
``(A) the facility is designated as an official polling
place by a State or local election official; or
``(B) the facility has been used as such an official
polling place since January 1, 1996.
``(3) The limitation in paragraph (1) may be waived by the
Secretary of Defense or the Secretary of a military department with
respect to a particular Department of Defense facility if such
Secretary determines that local security conditions require prohibition
of the designation or use of that facility as an official polling place
for any election.''.
(c) Repeal of Superseded Provisions.--Sections 2666, 2670, and 2673
of such title are repealed.
(d) Clerical Amendments.--The table of sections for chapter 159 of
such title is amended--
(1) by striking the items relating to sections 2666, 2670,
and 2673; and
(2) by striking the item relating to section 2679 and
inserting the following new item:
``Sec. 2679. Use of facilities: use by private organizations; use as
polling places.''.
SEC. 2812. MODIFICATION AND ENHANCEMENT OF AUTHORITIES ON FACILITIES
FOR RESERVE COMPONENTS.
(a) Interests in Land.--
(1) Definition of term.--Section 18232 of title 10, United
States Code, is amended--
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as paragraph
(4); and
(C) by inserting after paragraph (1) the following
new paragraphs:
``(2) The term `facility' includes any armory, readiness
center, building, structure, or other improvement of real
property needed for the administration and training of any unit
of the reserve components of the armed forces.
``(3) The term `interest in land' includes a fee title,
lease, easement, license, permit, or agreement on use of a
parcel of real property needed for the administration and
training of any unit of the reserve components of the armed
forces.''.
(2) Utilization of term.--(A) Section 18231(1) of such
title is amended by inserting before the semicolon the
following: ``, and the acquisition of interests in land for
such purposes''.
(B) Section 18233 of such title is amended--
(i) in subsection (a), by inserting ``or interests
in land'' after ``facilities'' each place it appears;
and
(ii) in subsection (f)(2), by striking ``real
property'' and inserting ``interests in land''.
(C) Section 18233a(a)(1) of such title is amended by
inserting ``or interest in land'' after ``facility''.
(b) Modification and Enhancement of Acquisition Authority.--Section
18233 of such title is further amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``and to'' and inserting ``chapters 159 and
169 of this title, and''; and
(B) in paragraph (1), by striking ``transfer,'' and
inserting ``transfer from a military department,
another department or agency of the Federal Government,
or a State agency,''; and
(2) in subsection (f)(2), by striking ``exchange of
Government-owned land, or otherwise'' and inserting ``or
exchange of Government-owned land''.
(c) Authority To Carry Out Small Projects.--
(1) Modification of limitation on authority.--Section
18233a(a) of such title is further amended--
(A) in paragraph (1), by striking ``$1,500,000''
and inserting ``$750,000''; and
(B) in paragraph (2), by adding at the end the
following new subparagraph:
``(D) A repair project (as that term is defined in section
2811(e) of this title) costing less than $10,000,000.''.
(2) Recodification of authority to carry out with operation
and maintenance funds.--Chapter 1803 of title 10, United States
Code, is amended by inserting after section 18233a the
following new section:
``Sec. 18233b. Authority to carry out small projects with operation and
maintenance funds
``Under such regulations as the Secretary of Defense may prescribe,
the Secretary may spend, from appropriations available for operation
and maintenance, amounts necessary to carry out any project authorized
under section 18233(a) of this title costing not more than--
``(1) the amount specified in section 2805(c)(1)(A) of this
title, in the case of a project intended solely to correct a
deficiency that is life-threatening, health-threatening, or
safety-threatening; or
``(2) the amount specified in section 2805(c)(1)(B) of this
title, in the case of any other project.''.
(3) Repeal of superseded authority.--Section 18233a of such
title is amended by striking subsection (b).
(4) Conforming amendments.--Section 18233a of such title is
further amended--
(A) by striking ``(1) Except as provided in
paragraph (2)'' and inserting ``Except as provided in
subsection (b)''; and
(B) by redesignating paragraph (2) as subsection
(b) and in that subsection, as so redesignated--
(i) by striking ``Paragraph (1)'' and
inserting ``Subsection (a)'';
(ii) by redesignating subparagraphs (A),
(B), (C), and (D) as paragraphs (1), (2), (3),
and (4), respectively; and
(iii) in paragraph (2), as so
redesignated--
(I) by redesignating clauses (i)
and (ii) as subparagraphs (A) and (B),
respectively; and
(II) in subparagraph (B), as so
redesignated, by striking ``(I) 25
percent, or (II)'' and inserting ``(i)
25 percent, or (ii)''.
(5) Clerical amendments.--(A) The heading of section 18233a
of such title is amended to read as follows:
``Sec. 18233a. Limitation on certain projects''.
(B) The table of sections at the beginning of chapter 1803
of such title is amended by striking the item relating to
section 18233a and inserting the following new items:
``18233a. Limitation on certain projects.
``18233b. Authority to carry out small projects with operation and
maintenance funds.''.
SEC. 2813. AUTHORITY TO EXCHANGE OR SELL RESERVE COMPONENT FACILITIES
AND LANDS TO OBTAIN NEW RESERVE COMPONENT FACILITIES AND
LANDS.
(a) In General.--The Secretary of Defense may authorize each
Secretary of a military department to carry out projects to assess the
feasibility and advisability of obtaining new facilities and lands for
the reserve components of such department through the exchange or sale
of existing facilities or lands of such reserve components.
(b) Transactions Authorized.--Pursuant to the authority under
subsection (a), the Secretary of a military department may carry out
any transaction as follows:
(1) An exchange of an existing facility or existing
interest in land of a reserve component of such department for
a new facility, an interest in land, or an addition to an
existing facility for the reserve component.
(2) A sale of an existing facility or existing interest in
land of a reserve component of such department with the
proceeds of sale used to acquire a new facility, an interest in
land, or an addition to an existing facility for the reserve
component.
(3) A combination of an exchange and sale of an existing
facility, interest in land, or both of a reserve component of
such department with the use of the exchange allowance and
proceeds of sale to acquire a facility, an interest in land, or
an addition to an existing facility for the reserve component.
(c) Facilities and Lands Subject to Transaction.--A facility or
interest in land of a reserve component that may be exchanged or sold
pursuant to the authority under subsection (a) is any facility or
interest in land under the control of the military department concerned
that is not excess property, as that term is defined in section 102(3)
of title 40, United States Code.
(d) Fair Market Value To Be Obtained in Transaction.--In any
exchange or sale of an existing facility pursuant to the authority
under subsection (a), the United States shall receive cash, a
replacement facility or addition to an existing facility, an interest
in land, or a combination thereof of in an amount not less than the
fair market value of the existing facility, as determined by the
Secretary of the military department concerned.
(e) Requirements for Replacement Facilities.--(1) A facility
obtained as a replacement facility for an existing facility, or as an
addition to an existing facility, pursuant to the authority under
subsection (a) shall, as determined by the Secretary of the military
department concerned--
(A) be complete and usable, fully functional, and ready for
occupancy, and satisfy fully all operational requirements of
the existing facility; and
(B) meet all applicable Federal, State, and local
requirements relating to health, safety, fire, and the
environment.
(2) A facility obtained as a replacement facility for an existing
facility, or as an addition to an existing facility, pursuant to the
authority under subsection (a) shall meet the requirements specified in
subparagraphs (A) and (B) of paragraph (1) before the conclusion of the
exchange or sale of the existing facility concerned.
(f) Agreement Required.--The Secretary of a military department
shall carry out each transaction pursuant to the authority under
subsection (a) through an agreement for that purpose entered into by
such Secretary and the person or entity carrying out the transaction.
(g) Selection Among Competing Participants.--(1) If more than one
person or entity notifies the Secretary of a military department of an
interest in carrying out a transaction pursuant to the authority under
subsection (a), the Secretary shall, except as provided in paragraph
(2), select the person or entity to carry out the transaction through
the use of competitive procedures.
(2) The Secretary of a military department may use procedures other
than competitive procedures to select among persons and entities to
carry out a transaction pursuant to the authority under subsection (a),
but only in accordance with subsections (c) through (f) of section 2304
of title 10, United States Code.
(h) Notice and Wait Requirement.--(1) The Secretary of a military
department may not enter into an agreement pursuant to the authority
under subsection (a) until 30 days after the date on which such
Secretary submits to the congressional defense committees a report on
the agreement.
(2) A report on an agreement under paragraph (1) shall include the
following:
(A) A description of terms of the agreement, including a
description of any funds to be received by the United States
under the agreement and the proposed use of such funds.
(B) A description of the existing facility, interest in
land, or both of a reserve component covered by the agreement,
including the fair market value of such facility, interest in
land, or both and the method of determination of such fair
market value.
(C) Data on the facility or addition to an existing
facility, if any, to be received by the United States under the
agreement, which data shall meet requirements for data to be
provided Congress for military construction projects to obtain
a similar facility or addition to an existing facility.
(D) A certification that the existing facility, interest in
land, or both of a reserve component covered by the agreement
is not required by another military department.
(3) Section 2662 of title 10, United States Code, shall not apply
to any transaction carried out pursuant to the authority under
subsection (a).
(i) Treatment of Funds Received in Transactions.--(1) The Secretary
of a military department shall deposit in a special account in the
Treasury established for such purpose pursuant to section 572(b) of
title 40, United States Code, any amounts received pursuant to an
agreement entered into by such Secretary pursuant to the authority
under subsection (a).
(2) Amounts deposited by the Secretary of a military department
under paragraph (1) in the account established by such Secretary under
that paragraph with respect to an agreement shall be available to such
Secretary, without further appropriation, as follows:
(A) For the construction or acquisition of facilities, or
of additions to existing facilities, for the reserve component
concerned at the location to which such agreement applies.
(B) To the extent that such amounts are not required for
purposes of subparagraph (A), for maintenance, protection,
alteration, repair, improvement, or restoration (including
environmental restoration) of facilities or property of the
reserve component concerned at the location to which such
agreement applies.
(3) Amounts available under paragraph (2) shall remain available
until expended.
(j) Sole Authority for Exchanges of Facilities and Lands.--Except
as otherwise specifically authorized by law, during the period of the
authority under subsection (a), the authority under that subsection to
exchange facilities or interests in land of the reserve components to
obtain facilities, interests in land, or additions to facilities for
the reserve components is the sole authority available in law for that
purpose.
(k) Construction With Other Military Construction Laws.--
Transactions pursuant to the authority under subsection (a) shall not
be treated as military construction projects requiring an authorization
in law as otherwise required by section 2802 of title 10, United States
Code.
(l) Report.--Not later than March 1, 2007, the Secretary of Defense
shall submit to the congressional defense committees a report on the
exercise of the authority under subsection (a). The report shall
include the following:
(1) A description of the projects carried out under the
authority.
(2) A description of the analysis and criteria used to
identify existing facilities and interests in land to be
exchanged or sold under the authority.
(3) An assessment of the utility to the Department of
Defense of the authority, including recommendations for
modifications of such authority in order to enhance the utility
of such authority for the Department.
(4) An assessment of interest in future exchanges or sales
in the event the authority is extended.
(5) An assessment of the advisability of making the
authority, including any modifications of the authority
recommended under paragraph (3), permanent.
(m) Definitions.--In this section:
(1) The term ``facility'' includes an armory, readiness
center, or other structure, and storage or other facilities,
normally needed for the administration and training of a unit
of a reserve component.
(2) The terms ``armory'' and ``readiness center'' have the
meanings given such terms in section 18232(3) of title 10,
United States Code.
(n) Expiration Date.--No transaction may be commenced pursuant to
the authority under subsection (a) after September 30, 2006.
Subtitle C--Land Conveyances
SEC. 2821. TRANSFER OF ADMINISTRATIVE JURISDICTION, DEFENSE SUPPLY
CENTER, COLUMBUS, OHIO.
(a) Transfer Authorized.--The Secretary of the Army may transfer,
without reimbursement, to the Secretary of Veterans Affairs
administrative jurisdiction of a parcel of real property consisting of
approximately 20 acres and comprising a portion of the Defense Supply
Center in Columbus, Ohio.
(b) Use of Property.--The Secretary of Veterans Affairs may only
use the property transferred under subsection (a) as the site for the
construction of a new outpatient clinic for the provision of medical
services to veterans.
(c) Costs.--Any administrative costs in connection with the
transfer of property under subsection (a), including the costs of the
survey required by subsection (e), shall be borne by the Secretary of
Veterans Affairs.
(d) Return of Jurisdiction to Army.--If at any time the Secretary
of the Army determines that the property transferred under subsection
(a) is not being utilized for the outpatient clinic described in
subsection (b), then, at the election of the Secretary of the Army, the
Secretary of Veterans Affairs shall return to the Secretary of the Army
administrative jurisdiction of the property.
(e) Exemption From Federal Screening.--The conveyance under
subsection (a) is exempt from the requirement to screen the property
for other Federal use pursuant to section 2693 of title 10, United
States Code.
(f) Description of Property.--The exact acreage and legal
description of the real property to be transferred under subsection (a)
shall be determined by a survey satisfactory to the Secretary of the
Army.
(g) Additional Terms and Conditions.--The Secretary of the Army may
require such additional terms and conditions in connection with the
transfer under subsection (a) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2822. LAND CONVEYANCE, BROWNING ARMY RESERVE CENTER, UTAH.
(a) Conveyance Authorized.--(1) The Secretary of the Army may
convey, without consideration, to the State of Utah (in this section
referred to as the ``State'') all right, title, and interest of the
United States in and to a parcel of unimproved real property consisting
of approximately 10 acres and located at the Browning Army Reserve
Center, Utah.
(2) The purpose of the conveyance is to permit the Department of
Veterans Affairs of the State of Utah to construct and operate a
facility for the provision of nursing care for veterans.
(b) Payment of Costs of Conveyance.--(1) The Secretary may require
the State to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, and other administrative costs
related to the conveyance. If amounts paid to the Secretary in advance
exceed the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to the State.
(2) Amounts received under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by the
Secretary. Amounts so credited shall be merged with amounts in such
fund or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such fund
or account.
(c) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2823. LAND EXCHANGE, ARLINGTON COUNTY, VIRGINIA.
(a) Exchange Authorized.--(1) The Secretary of Defense may convey
to Arlington County, Virginia (in this section referred to as the
``County''), all right, title, and interest of the United States in and
to a parcel of real property, together with any improvements thereon,
consisting of not more than 4.5 acres and located along the western
boundary of the Navy Annex property, Virginia, for the purpose of the
construction of a freedmen heritage museum and an Arlington history
museum.
(2) The size of the parcel of real property conveyed under
paragraph (1) shall be such that the acreage of the parcel shall be
equivalent to the acreage of the parcel of real property conveyed under
subsection (b). The Secretary shall determine the acreage of the
parcels, and such determination shall be final.
(b) Consideration.--As consideration for the conveyance of property
under subsection (a), the County shall convey to the United States all
right, title, and interest of the County in and to a parcel of real
property, together with any improvements thereon, consisting of not
more than 4.5 acres and known as the Southgate Road right-of-way
between Arlington National Cemetery, Virginia, and the Navy Annex
property.
(c) Description of Property.--The exact acreage and legal
description of the parcels of real property to be conveyed under this
section shall be determined by surveys satisfactory to the Secretary.
(d) Payment of Costs of Conveyances.--(1) The Secretary may require
the County to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyances under subsections (a) and (b), including survey
costs, costs related to environmental documentation, and other
administrative costs related to the conveyances. If amounts are
collected from the County in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to the County.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyances. Amounts so
credited shall be merged with amounts in such fund or account, and
shall be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(e) Reversionary Interest.--(1) If at any time the Secretary
determines that the property conveyed to the County under subsection
(a) is not being used for the purposes stated in that subsection, then,
at the option of the Secretary, all right, title, and interest in and
to the property, including any improvements thereon, shall revert to
the United States, and the United States shall have the right of
immediate entry onto the property.
(2) If the Secretary exercises the reversionary interest provided
for in paragraph (1), the Secretary shall pay the County, from amounts
available to the Secretary for military construction for the Defense
Agencies, an amount equal to the fair market value of the property
covered by the reversionary interest, as determined by the Secretary.
(f) Exemption From Federal Screening.--The conveyance under
subsection (a) is exempt from the requirement to screen the property
for other Federal use pursuant to sections 2693 and 2696 of title 10,
United States Code.
(g) Inclusion of Southgate Road Right-of-Way Property in Transfer
of Navy Annex Property for Arlington National Cemetery.--Subsection (a)
of section 2881 of the Military Construction Authorization Act for
Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 879) is
amended by striking ``three parcels of real property consisting of
approximately 36 acres'' and inserting ``four parcels of real property
consisting of approximately 40 acres''.
(h) Termination of Reservation of Certain Navy Annex Property for
Memorials or Museums.--Subsection (b) of such section, as amended by
section 2863(f) of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1332) and
section 2851(a)(1) of the Military Construction Authorization Act for
Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2726), is
further amended--
(1) by striking ``(1) Subject to paragraph (2), the
Secretary'' and inserting ``The Secretary''; and
(2) by striking paragraph (2).
(i) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyances
under this section as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2824. LAND CONVEYANCE, HAMPTON, VIRGINIA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Hampton City School Board, Hampton,
Virginia (in this section referred to as the ``Board''), all right,
title, and interest of the United States in and to a parcel of real
property, including any improvements thereon, that consists of
approximately 29.8 acres, is located on Downey Farm Road in Hampton,
Virginia, and is known as the Butler Farm United States Army Reserve
Center in order to permit the Board to utilize the property for public
education purposes.
(b) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the Board accept the real
property described in subsection (a) in its condition at the time of
the conveyance, commonly known as conveyance ``as is''.
(c) Payment of Costs of Conveyance.--(1) The Secretary may require
the Board to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, and other administrative costs
related to the conveyance. If amounts are collected from the Board in
advance of the Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the Secretary to carry
out the conveyance, the Secretary shall refund the excess amount to the
Board.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and
shall be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(d) Exemption From Federal Screening.--The conveyance authorized by
subsection (a) is exempt from the requirement to screen the property
for other Federal use pursuant to section 2693 and 2696 of title 10,
United States Code.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2825. LAND CONVEYANCE, SEATTLE, WASHINGTON.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the State of Washington (in this section
referred to as the ``State'') all right, title, and interest of the
United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 9.747 acres in
Seattle, Washington, and comprising a portion of the National Guard
Facility, Pier 91, for the purpose of permitting the State to convey
the facility unencumbered for economic development purposes.
(b) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the State accept the real
property in its condition at the time of the conveyance, commonly known
as conveyance ``as is''.
(c) Administrative Expenses.--(1) The State shall reimburse the
Secretary for the administrative expenses incurred by the Secretary in
carrying out the conveyance under subsection (a), including expenses
related to surveys and legal descriptions, boundary monumentation,
environmental surveys, necessary documentation, travel, and deed
preparation.
(2) Section 2695(c) of title 10, United States Code, shall apply to
any amounts received by the Secretary as reimbursement under this
subsection.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary. The cost of
the survey shall be borne by the United States, subject to the
requirement for reimbursement under subsection (c).
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2826. TRANSFER OF JURISDICTION, NEBRASKA AVENUE NAVAL COMPLEX,
DISTRICT OF COLUMBIA.
(a) Transfer Required.--The Secretary of the Navy shall transfer to
the administrative jurisdiction of the Administrator of General
Services the parcel of Department of the Navy real property in the
District of Columbia known as the Nebraska Avenue Complex for the
purpose of permitting the Administrator to use the Complex to
accommodate the Department of Homeland Security. The Complex shall be
transferred in its existing condition.
(b) Authority To Retain Military Family Housing.--The Secretary of
the Navy may retain administrative jurisdiction over the portion of the
Complex that the Secretary considers to be necessary for continued use
as Navy family housing.
(c) Time for Transfer.--The transfer of administrative jurisdiction
over the Complex to the Administrator under subsection (c) shall be
completed not later than January 1, 2005.
(d) Relocation of Navy Activities.--As part of the transfer of the
Complex under this section, the Secretary of the Navy shall relocate
Department of the Navy activities at the Complex to other locations.
(e) Payment of Relocation Costs.--Subject to the availability of
appropriations for this purpose, the Secretary of Homeland Security
shall be responsible for the payment of--
(1) all reasonable costs, including costs to move
furnishings and equipment, related to the relocation of
Department of the Navy activities from the Complex under
subsection (d);
(2) all reasonable costs, including rent, incident to the
occupancy by such activities of interim leased space; and
(3) all reasonable costs incident to the acquisition of
permanent facilities for Department of the Navy activities
relocated from the Complex.
(f) Submission of Cost Estimates.--As soon as practicable after the
date of the enactment of this Act, but not later than January 1, 2005,
the Secretary of the Navy shall submit to the congressional defense
committees an initial estimate of the amounts that will be necessary to
cover the costs to permanently relocate Department of the Navy
activities from the Complex. The Secretary shall include in the
estimate anticipated land acquisition and facility construction costs.
The Secretary shall revise the estimate as necessary whenever
information regarding the actual costs for the relocation is obtained.
(g) Certification of Relocation Costs.--At the end of the three-
year period beginning on the date of the transfer of the Complex under
subsection (a), the Secretary of the Navy shall submit to Congress
written notice--
(1) specifying the total amount expended under subsection
(e) to cover the costs of relocating Department of the Navy
activities from the Complex;
(2) specifying the total amount expended to acquire
permanent facilities for Department of the Navy activities
relocated from the Complex; and
(3) certifying whether the amounts paid are sufficient to
complete all relocation actions.
SEC. 2827. LAND CONVEYANCE, HONOLULU, HAWAII.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration but subject to the conditions specified in
subsection (b), to the City and County of Honolulu, Hawaii, all right,
title, and interest of the United States in and to a parcel of real
property, including improvements thereon, consisting of approximately
5.16 acres located at 890 Valkenberg Avenue, Honolulu, Hawaii, and
currently used by the City and County of Honolulu as the site of a fire
station and firefighting training facility. The purpose of the
conveyance is to enhance the capability of the City and County of
Honolulu to provide fire protection and firefighting services to the
civilian and military properties in the area and to provide a location
for firefighting training for civilian and military personnel.
(b) Conditions of Conveyance.--The conveyance under subsection (a)
shall be subject to the following conditions:
(1) That the City and County of Honolulu accept the real
property in its condition at the time of the conveyance,
commonly known as conveyance ``as is''.
(2) That the City and County of Honolulu make the
firefighting training facility available to the fire protection
and firefighting units of the military departments for training
not less than 2 days per week on terms satisfactory to the
Secretary.
(c) Payment of Costs of Conveyance.--(1) The Secretary shall
require the City and County of Honolulu to cover costs to be incurred
by the Secretary, or to reimburse the Secretary for costs incurred by
the Secretary, to carry out the conveyance under subsection (a),
including survey costs, costs related to environmental documentation,
and other administrative costs related to the conveyance. If amounts
are collected from the City and County of Honolulu in advance of the
Secretary incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount, without
interest, to the City and County of Honolulu.
(2) Amounts received under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by the
Secretary in carrying out the conveyance. Amounts so credited shall be
merged with amounts in such fund or account, and shall be available for
the same purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2828. LAND CONVEYANCE, PORTSMOUTH, VIRGINIA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration, to the City of Portsmouth, Virginia (in this
section referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 0.49 acres located at
517 King Street, Portsmouth, Virginia, and known as the ``Navy YMCA
Building'', for economic revitalization purposes.
(b) Conditions of Conveyance.--The conveyance under subsection (a)
shall be subject to the following conditions:
(1) That the City accept the real property described in
subsection (a) in its condition at the time of the conveyance,
commonly known as conveyance ``as is''.
(2) That the City bear all costs related to the
environmental remediation, use, and redevelopment of the real
property.
(c) Payment of Costs of Conveyance.--(1) The Secretary may require
the City to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, and other administrative costs
related to the conveyance. If amounts paid to the Secretary in advance
exceed the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to the City.
(2) Amounts received under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by the
Secretary. Amounts so credited shall be merged with amounts in such
fund or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such fund
or account.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2829. LAND CONVEYANCE, FORMER GRIFFISS AIR FORCE BASE, NEW YORK.
(a) Conveyance Authorized.--(1) The Secretary of the Air Force may
convey to the Oneida County Industrial Development Agency, New York,
the local reuse authority for the former Griffiss Air Force Base (in
this section referred to as the ``Authority''), all right, title and
interest of the United States in and to a parcel of real property
consisting of 9.639 acres and including four buildings described in
paragraph (2) that were vacated by the Air Force in conjunction with
its relocation to the Consolidated Intelligence and Reconnaissance
Laboratory at Air Force Research Laboratory--Rome Research Site, Rome,
New York.
(2) The buildings described in this paragraph are the buildings
located on the real property referred in paragraph (1) as follows:
(A) Building 240 (117,323 square feet).
(B) Building 247 (13,199 square feet).
(C) Building 248 (4,000 square feet).
(D) Building 302 (20,577 square feet).
(3) The purpose of the conveyance under this subsection is to
permit the Authority to develop the parcel and structures conveyed for
economic purposes in a manner consistent with the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note).
(b) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the Authority accept the real
property in its condition at the time of the conveyance, commonly known
as conveyance ``as is''.
(c) Consideration.--As consideration for the conveyance of property
under subsection (a), the Authority shall pay the United States an
amount equal to the fair market of value, as determined by the
Secretary.
(d) Treatment of Proceeds.--Any consideration received under
subsection (c) shall be deposited in the Department of Defense Base
Closure Account 1990 established by section 2906 of the Defense Base
Closure and Realignment Act of 1990, and shall be available for use in
accordance with subsection (b) of such section.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Authority.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
Subtitle D--Other Matters
SEC. 2841. DEPARTMENT OF DEFENSE FOLLOW-ON LABORATORY REVITALIZATION
DEMONSTRATION PROGRAM.
(a) Follow-On Program Authorized.--(1) The Secretary of Defense may
carry out a program (to be known as the ``Department of Defense Follow-
On Laboratory Revitalization Demonstration Program'') for the
revitalization of Department of Defense laboratories. Under the
program, the Secretary may carry out minor military construction
projects in accordance with subsection (b) and other applicable law to
improve laboratories covered by the program.
(2) The program under this section is the successor program to the
Department of Defense Laboratory Revitalization Demonstration Program
carried out under section 2892 of the Military Construction
Authorization Act for Fiscal Year 1996 (division B of Public Law 104-
106; 10 U.S.C. 2805 note).
(b) Increased Maximum Amounts Applicable to Minor Construction
Projects.--For purpose of any military construction project carried out
under the program--
(1) the amount provided in the second sentence of
subsection (a)(1) of section 2805 of title 10, United States
Code, shall be deemed to be $3,000,000;
(2) the amount provided in subsection (b)(1) of such
section shall be deemed to be $1,500,000; and
(3) the amount provided in subsection (c)(1)(B) of such
section shall be deemed to be $1,000,000.
(c) Program Requirements.--(1) Not later than 30 days before
commencing the program, the Secretary shall--
(A) designate the Department laboratories at which
construction may be carried out under the program; and
(B) establish procedures for the review and approval of
requests from Department laboratories to carry out such
construction.
(2) The laboratories designated under paragraph (1)(A) may not
include Department laboratories that are contractor owned.
(3) The Secretary shall notify Congress of the Department
laboratories designated under paragraph (1)(A).
(d) Report.--Not later than September 30, 2005, the Secretary shall
submit to the congressional defense committees a report on the program
under this section. The report shall include--
(1) a list and description of the construction projects
carried out under the program, and of any projects carried out
under the program referred to in subsection (a) during the
period beginning on October 1, 2003, and ending on the date of
the enactment of this Act, including the location and costs of
each such project; and
(2) the assessment of the Secretary of the advisability of
extending or expanding the authority for the program under this
section.
(e) Construction of Authority.--Nothing in this section may be
construed to limit any other authority provided by law for any military
construction project at a Department laboratory covered by the program.
(f) Definitions.--In this section:
(1) The term ``laboratory'' includes--
(A) a research, engineering, and development
center;
(B) a test and evaluation activity owned, funded,
and operated by the Federal Government through the
Department of Defense; and
(C) a supporting facility of a laboratory.
(2) The term ``supporting facility'', with respect to a
laboratory, means any building or structure that is used in
support of research, development, test, and evaluation at the
laboratory.
(g) Expiration of Authority.--The authority to carry out a project
under the program under this section expires on September 30, 2006.
SEC. 2842. JURISDICTION AND UTILIZATION OF FORMER PUBLIC DOMAIN LANDS,
UMATILLA CHEMICAL DEPOT, OREGON.
(a) Jurisdiction.--The various parcels of real property consisting
of approximately 8,300 acres and located within the boundaries of
Umatilla Chemical Depot, Oregon, that were previously withdrawn from
the public domain are determined to be no longer suitable for return to
the public domain and are hereby transferred to the administrative
jurisdiction of the Secretary of the Army.
(b) Utilization.--The Secretary shall combine the real property
transferred under subsection (a) with other lands and lesser interests
comprising the Umatilla Chemical Depot for purposes of their management
and disposal pursuant to title II of the Defense Authorization
Amendments and Base Closure and Realignment Act of 1988 (Public Law
100-526; 10 U.S.C. 2687 note) and other applicable law.
SEC. 2843. DEVELOPMENT OF HERITAGE CENTER FOR THE NATIONAL MUSEUM OF
THE UNITED STATES ARMY.
(a) Authority To Enter Into Agreement.--(1) The Secretary of the
Army may enter into an agreement with the Army Historical Foundation, a
nonprofit organization, for the design, construction, and operation of
a facility or group of facilities at Fort Belvoir, Virginia (in this
section referred to as the ``center''), for the National Museum of the
United States Army.
(2) The center shall be used for the identification, curation,
storage, and public viewing of artifacts and artwork of significance to
the United States Army, as agreed to by the Secretary.
(3) The center may also be used to support such education,
training, research, and associated purposes as the Secretary considers
appropriate.
(b) Design and Construction.--(1) The design of the center shall be
subject to the approval of the Secretary.
(2) For each phase of the development of the center, the Secretary
may--
(A) accept funds from the Army Historical Foundation for
the design and construction of such phase of the center; or
(B) permit the Army Historical Foundation to contract for
the design and construction of such phase of the center.
(c) Acceptance of Facility.--(1) Upon satisfactory completion, as
determined by the Secretary, of any phase of the center, and upon the
satisfaction of any and all financial obligations incident thereto by
the Army Historical Foundation, the Secretary shall accept such phase
of the center from the Army Historical Foundation, and all right,
title, and interest in and to such phase of the center shall vest in
the United States.
(2) Upon becoming property of the United States, a phase of the
center accepted under paragraph (1) shall be under the jurisdiction of
the Secretary.
(d) Use of Certain Gifts.--(1) Under regulations prescribed by the
Secretary, the Commander of the United States Army Center of Military
History may, without regard to section 2601 of title 10, United States
Code, accept, hold, administer, invest, and spend any gift, devise, or
bequest of personal property of a value of $250,000 or less made to the
United States if such gift, devise, or bequest is for the benefit of
the National Museum of the United States Army or the center.
(2) The Secretary may pay or authorize the payment of any
reasonable and necessary expense in connection with the conveyance or
transfer of a gift, devise, or bequest under this subsection.
(e) Lease of Facility.--(1) The Secretary may lease, under such
terms and conditions as the Secretary considers appropriate for the
agreement authorized by subsection (a), portions of the center
developed under that subsection to the Army Historical Foundation for
use by the public, commercial and nonprofit entities, State and local
governments, and other departments and agencies of the Federal
Government for use in generating revenue for activities of the center
and for such administrative purposes as may be necessary for the
support of the center.
(2) The amount of consideration paid to the Secretary by the Army
Historical Foundation for a lease under paragraph (1) may not exceed an
amount equal to the actual cost, as determined by the Secretary, of the
operations and maintenance of the center.
(3) Notwithstanding any other provision of law, the Secretary shall
use amounts paid under paragraph (2) to cover the costs of operation of
the center.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the agreement
authorized by subsection (a) as the Secretary considers appropriate to
protect the interests of the United States.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2005 for
the activities of the National Nuclear Security Administration in
carrying out programs necessary for national security in the amount of
$9,165,145,000, to be allocated as follows:
(1) For weapons activities, $6,674,898,000.
(2) For defense nuclear nonproliferation activities,
$1,348,647,000.
(3) For naval reactors, $797,900,000.
(4) For the Office of the Administrator for Nuclear
Security, $343,700,000.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for weapons
activities, as follows:
(1) For readiness in technical base and facilities:
Project 05-D-140, Readiness in Technical Base and
Facilities Program (RTBF), project engineering and
design (PED), various locations, $11,600,000.
Project 05-D-401, Building 12-64 production bays
upgrade, Pantex Plant, Amarillo, Texas, $25,000,000.
Project 05-D-402, Beryllium Capability (BeC)
Project, Y-12 National Security Complex, Oak Ridge,
Tennessee, $3,627,000.
(2) For facilities and infrastructure recapitalization:
Project 05-D-160, Facilities and Infrastructure
Recapitalization Program (FIRP), project engineering
and design (PED), various locations, $8,700,000.
Project 05-D-601, compressed air upgrades, Y-12
National Security Complex, Oak Ridge, Tennessee,
$4,400,000.
Project 05-D-602, power grid infrastructure upgrade
(PGIU), Los Alamos National Laboratory, Los Alamos, New
Mexico, $10,000,000.
Project 05-D-603, new master substation, technical
areas I and IV, Sandia National Laboratories,
Albuquerque, New Mexico, $600,000.
(3) For safeguards and security:
Project 05-D-170, safeguards and security, project
engineering and design (PED), various locations,
$17,000,000.
Project 05-D-701, security perimeter, Los Alamos
National Laboratory, Los Alamos, New Mexico,
$20,000,000.
(4) For naval reactors:
Project 05-N-900, materials development facility
building, Schenectady, New York, $6,200,000.
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2005 for
environmental management activities in carrying out programs necessary
for national security in the amount of $6,954,402,000, to be allocated
as follows:
(1) For defense site acceleration completion,
$5,971,932,000.
(2) For defense environmental services, $982,470,000.
(b) Authorization of New Plant Project.--From funds referred to in
subsection (a)(2) that are available for carrying out plant projects,
the Secretary of Energy may carry out, for environmental management
activities, the following new plant project:
Project 05-D-405, salt waste processing facility, Savannah
River Site, Aiken, South Carolina, $52,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2005 for other defense activities in carrying
out programs necessary for national security in the amount of
$568,096,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2005 for defense nuclear waste disposal for
payment to the Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of
$108,000,000.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. LIMITATION ON AVAILABILITY OF FUNDS FOR MODERN PIT FACILITY.
(a) Limitation.--Of the amount authorized to be appropriated by
section 3101(a)(1) for the National Nuclear Security Administration for
weapons activities and available for the Modern Pit Facility, not more
than 50 percent of such amount may be obligated or expended until 30
days after the latter of the following:
(1) The date of the submittal of the revised nuclear
weapons stockpile plan specified in the joint explanatory
statement to accompany the report of the Committee on
Conference on the bill H.R. 2754 of the 108th Congress.
(2) The date on which the Administrator for Nuclear
Security submits to the congressional defense committees a
report setting forth the validated pit production requirements
for the Modern Pit Facility.
(b) Validated Pit Production Requirements.--(1) The validated pit
production requirements in the report under subsection (a)(2) shall be
established by the Administrator in conjunction with the Chairman of
the Nuclear Weapons Council.
(2) The validated pit production requirements shall--
(A) include specifications regarding the number of pits
that will be required to be produced in order to support the
weapons that will be retained in the nuclear weapons stockpile,
set forth by weapon type and by year; and
(B) take into account any surge capacity that may be
included in the annual pit production capability.
(c) Form of Report.--The report described in subsection (a)(2)
shall be submitted in unclassified form, but may include a classified
annex.
SEC. 3112. LIMITATION ON AVAILABILITY OF FUNDS FOR ADVANCED NUCLEAR
WEAPONS CONCEPTS INITIATIVE.
(a) Limitation.--None of the funds authorized to be appropriated by
this title may be obligated or expended for purposes of additional or
exploratory studies under the Advanced Nuclear Weapons Concepts
Initiative until 30 days after the date on which the Administrator for
Nuclear Security submits to the congressional defense committees a
detailed report on the activities for such studies under the Initiative
that are planned for fiscal year 2005.
(b) Form of Report.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 3113. LIMITED AUTHORITY TO CARRY OUT NEW PROJECTS UNDER FACILITIES
AND INFRASTRUCTURE RECAPITALIZATION PROGRAM AFTER PROJECT
SELECTION DEADLINE.
(a) Limited Authority To Carry Out New Projects.--Section 3114(a)
of the National Defense Authorization Act for Fiscal Year 2004 (Public
Law 108-136; 117 Stat. 1744; 50 U.S.C. 2453 note) is amended--
(1) in the subsection caption, by striking ``Deadline
for'';
(2) in paragraph (2), by striking ``No project'' and
inserting ``Except as provided in paragraph (3), no project'';
and
(3) by adding at the end the following new paragraph:
``(3)(A) Subject to the provisions of this paragraph, a project
described in subparagraph (B) may be carried out under the Facilities
and Infrastructure Recapitalization Program after December 31, 2004, if
the Administrator approves the project. The Administrator may not
delegate the authority to approve projects under the preceding
sentence.
``(B) A project described in this subparagraph is a project that
consists of a specific building, facility, or other improvement
(including fences, roads, or similar improvements).
``(C) Funds may not be obligated or expended for a project under
this paragraph until 60 days after the date on which the Administrator
submits to the congressional defense committees a notice on the
project, including a description of the project and the nature of the
project, a statement explaining why the project was not included in the
Facilities and Infrastructure Recapitalization Program under paragraph
(1), and a statement explaining why the project was not included in any
other program under the jurisdiction of the Administrator.
``(D) The total number of projects that may be carried out under
this paragraph in any fiscal year may not exceed five projects.
``(E) The Administrator may not utilize the authority in this
paragraph until 60 days after the later of--
``(i) the date of the submittal to the congressional
defense committees of a list of the projects selected for
inclusion in the Facilities and Infrastructure Recapitalization
Program under paragraph (1); or
``(ii) the date of the submittal to the congressional
defense committees of the report required by subsection (c).
``(F) A project may not be carried out under this paragraph unless
the project will be completed by September 30, 2011.''.
(b) Construction of Authority.--The amendments made by subsection
(a) may not be construed to authorize any delay in either of the
following:
(1) The selection of projects for inclusion in the
Facilities and Infrastructure Recapitalization Program under
subsection (a) of section 3114 of the National Defense
Authorization Act for Fiscal Year 2004.
(2) The submittal of the report required by subsection (c)
of such section.
SEC. 3114. MODIFICATION OF MILESTONE AND REPORT REQUIREMENTS FOR
NATIONAL IGNITION FACILITY.
(a) Notification on Milestones To Achieve Ignition.--Subsection (a)
of section 3137 of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 115 Stat. 1369) is amended by striking
``each Level I milestone and Level II milestone for the National
Ignition Facility.'' and inserting the following: ``each milestone for
the National Ignition Facility as follows:
``(1) Each Level I milestone.
``(2) Each Level II milestone.
``(3) Each milestone to achieve ignition.''.
(b) Report on Failure of Timely Achievement of Milestones.--
Subsection (b) of such section is amended by striking ``a Level I
milestone or Level II milestone for the National Ignition Facility''
and inserting ``a milestone for the National Ignition Facility referred
to in subsection (a)''.
(c) Milestones To Achieve Ignition.--Subsection (c) of such section
is amended to read as follows:
``(c) Milestones.--For purposes of this section:
``(1) The Level I and Level II milestones for the National
Ignition Facility are as established in the August 2000 revised
National Ignition Facility baseline document.
``(2) The milestones of the National Ignition Facility to
achieve ignition are such milestones (other than the milestones
referred to in paragraph (1)) as the Administrator shall
establish on any activities at the National Ignition Facility
that are required to enable the National Ignition Facility to
achieve ignition and be a fully functioning user facility by
December 31, 2011.''.
(d) Submittal to Congress of Milestones To Achieve Ignition.--Not
later than January 31, 2005, the Administrator for Nuclear Security
shall submit to the congressional defense committees a report setting
forth the milestones of the National Ignition Facility to achieve
ignition as established by the Administration under subsection (c)(2)
of section 3137 of the National Defense Authorization Act for Fiscal
Year 2002, as amended by subsection (c) of this section. The report
shall include--
(1) a description of each milestone established; and
(2) a proposal for the funding to be required to meet each
such milestone.
(e) Extension of Sunset.--Subsection (d) of section 3137 of such
Act is amended by striking ``September 30, 2004'' and inserting
``December 31, 2011''.
SEC. 3115. MODIFICATION OF SUBMITTAL DATE OF ANNUAL PLAN FOR
STEWARDSHIP, MANAGEMENT, AND CERTIFICATION OF WARHEADS IN
THE NUCLEAR WEAPONS STOCKPILE.
Section 4203(c) of the Atomic Energy Defense Act (50 U.S.C.
2523(c)) is amended is amended by striking ``March 15 of each year
thereafter'' and inserting ``May 1 of each year thereafter''.
SEC. 3116. DEFENSE SITE ACCELERATION COMPLETION.
(a) In General.--Notwithstanding any other provision of law, with
respect to material stored at a Department of Energy site at which
activities are regulated by the State pursuant to approved closure
plans or permits issued by the State, high-level radioactive waste does
not include radioactive material resulting from the reprocessing of
spent nuclear fuel that the Secretary of Energy determines--
(1) does not require permanent isolation in a deep geologic
repository for spent fuel or highly radioactive waste pursuant
to criteria promulgated by the Department of Energy by rule in
consultation with the Nuclear Regulatory Commission;
(2) has had highly radioactive radionuclides removed to the
maximum extent practical in accordance with the Nuclear
Regulatory Commission-reviewed criteria; and
(3) in the case of material derived from the storage tanks,
is disposed of in a facility (including a tank) within the
State pursuant to a State-approved closure plan or a State-
issued permit, authority for the approval or issuance of which
is conferred on the State outside of this Act.
(b) Inapplicability to Certain Materials.--Subsection (a) shall not
apply to any material otherwise covered by that subsection that is
transported from the State.
(c) Scope of Authority To Carry Out Actions.--The Department of
Energy may implement any action authorized--
(1) by a State-approved closure plan or State-issued permit
in existence on the date of enactment of this section; or
(2) by a closure plan approved by the State or a permit
issued by the State during the pendency of the rulemaking
provided for in subsection (a).
Any such action may be completed pursuant to the terms of the closure
plan or the State-issued permit notwithstanding the final criteria
adopted by the rulemaking pursuant to subsection (a).
(d) State Defined.--In this section, the term ``State'' means the
State of South Carolina.
SEC. 3117. ANNUAL REPORT ON EXPENDITURES FOR SAFEGUARDS AND SECURITY.
(a) Annual Report Required.--Subtitle C of title XLVII of the
Atomic Energy Defense Act (50 U.S.C. 2771 et seq.) is amended by adding
at the end the following new section:
``SEC. 4732. ANNUAL REPORT ON EXPENDITURES FOR SAFEGUARDS AND SECURITY.
``The Secretary of Energy shall submit to Congress each year, in
the budget justification materials submitted to Congress in support of
the budget of the President for the fiscal year beginning in such year
(as submitted under section 1105(a) of title 31, United States Code),
the following:
``(1) A detailed description and accounting of the proposed
obligations and expenditures by the Department of Energy for
safeguards and security in carrying out programs necessary for
the national security for the fiscal year covered by such
budget, including any technologies on safeguards and security
proposed to be deployed or implemented during such fiscal year.
``(2) With respect to the fiscal year ending in the year
before the year in which such budget is submitted, a detailed
description and accounting of--
``(A) the policy on safeguards and security,
including any modifications in such policy adopted or
implemented during such fiscal year;
``(B) any initiatives on safeguards and security in
effect or implemented during such fiscal year;
``(C) the amount obligated and expended for
safeguards and security during such fiscal year, set
forth by total amount, by amount per program, and by
amount per facility; and
``(D) the technologies on safeguards and security
deployed or implemented during such fiscal year.''.
(b) Clerical Amendment.--The table of contents for that Act is
amended by inserting after the item relating to section 4731 the
following new item:
``Sec. 4732. Annual report on expenditures for safeguards and
security.''.
SEC. 3118. AUTHORITY TO CONSOLIDATE COUNTERINTELLIGENCE OFFICES OF
DEPARTMENT OF ENERGY AND NATIONAL NUCLEAR SECURITY
ADMINISTRATION WITHIN NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) Authority.--The Secretary of Energy may consolidate the
counterintelligence programs and functions referred to in subsection
(b) within the Office of Defense Nuclear Counterintelligence of the
National Nuclear Security Administration and provide for their
discharge by that Office.
(b) Covered Programs and Functions.--The programs and functions
referred to in this subsection are as follows:
(1) The functions and programs of the Office of
Counterintelligence of the Department of Energy under section
215 of the Department of Energy Organization Act (42 U.S.C.
7144b).
(2) The functions and programs of the Office of Defense
Nuclear Counterintelligence of the National Nuclear Security
Administration under section 3232 of the National Nuclear
Security Administration Act (50 U.S.C. 2422), including the
counterintelligence programs under section 3233 of that Act (50
U.S.C. 2423).
(c) Establishment of Policy.--The Secretary shall have the
responsibility to establish policy for the discharge of the
counterintelligence programs and functions consolidated within the
National Nuclear Security Administration under subsection (a) as
provided for under section 213 of the Department of Energy Organization
Act (42 U.S.C. 7144).
(d) Preservation of Counterintelligence Capability.--In
consolidating counterintelligence programs and functions within the
National Nuclear Security Administration under subsection (a), the
Secretary shall ensure that the counterintelligence capabilities of the
Department of Energy and the National Nuclear Security Administration
are in no way degraded or compromised.
(e) Report on Exercise of Authority.--In the event the Secretary
exercises the authority in subsection (a), the Secretary shall submit
to the congressional defense committees a report on the exercise of the
authority. The report shall include--
(1) a description of the manner in which the
counterintelligence programs and functions referred to in
subsection (b) shall be consolidated within the Office of
Defense Nuclear Counterintelligence of the National Nuclear
Security Administration and discharged by that Office;
(2) a notice of the date on which that Office shall
commence the discharge of such programs and functions, as so
consolidated; and
(3) a proposal for such legislative action as the Secretary
considers appropriate to effectuate the discharge of such
programs and functions, as so consolidated, by that Office.
(f) Deadline for Exercise of Authority.--The authority in
subsection (a) may be exercised, if at all, not later than one year
after the date of the enactment of this Act.
SEC. 3119. TREATMENT OF DISPOSITION WASTE FROM REPROCESSING OF LOW-
LEVEL OR TRANSURANIC WASTE.
(a) In General.--Subject to subsection (c) and except as provided
in subsection (d), of the amount authorized to be appropriated by
section 3102(1) for defense environmental management for defense site
acceleration completion, a total of $350,000,000 shall be available for
activities at each site referred to in subsection (b) to stabilize,
treat, or process for disposition waste from reprocessing of low-level
or transuranic waste.
(b) Covered Sites.--The sites referred to in this subsection are as
follows:
(1) The Idaho National Engineering and Environmental
Laboratory, Idaho.
(2) The Savannah River Site, Aiken, South Carolina.
(3) The Hanford Site, Richland, Washington.
(c) Limitation.--Amounts referred to in subsection (a) shall be
available for activities described in that subsection at a site
referred to in subsection (b) only if the Secretary of Energy certifies
to the President and Congress that there is adequate certainty of the
legality of the disposition pathway contemplated by such activities at
such site as to warrant proceeding with such activities at such site.
(d) Deadline.--If the Secretary has not made a certification
described in subsection (c) regarding activities described in
subsection (a) at a site referred to in subsection (b) as of June 1,
2005, any funds referred to in subsection (a) that would otherwise be
available for such activities shall no longer be available to the
Department of Energy for any purpose as of that date.
SEC. 3120. LOCAL STAKEHOLDER ORGANIZATIONS FOR DEPARTMENT OF ENERGY
ENVIRONMENTAL MANAGEMENT 2006 CLOSURE SITES.
(a) Establishment.--(1) The Secretary of Energy shall establish for
each Department of Energy Environmental Management 2006 closure site a
local stakeholder organization having the responsibilities set forth in
subsection (c).
(2) The local stakeholder organization shall be established in
consultation with interested elected officials of local governments in
the vicinity of the closure site concerned.
(b) Composition.--A local stakeholder organization for a Department
of Energy Environmental Management 2006 closure site under subsection
(a) shall be composed of such officers and employees of the Department
of Energy at the closure site as the Secretary considers appropriate to
carry out the responsibilities set forth in subsection (c).
(c) Responsibilities.--A local stakeholder organization for a
Department of Energy Environmental Management 2006 closure site under
subsection (a) shall--
(1) solicit and encourage public participation in
appropriate activities relating to the closure of the site;
(2) disseminate information on the closure of the site to
the State government of the State in which the site is located,
local and Tribal governments in the vicinity of the site, and
persons and entities having a stake in the closure of the site;
and
(3) transmit to appropriate officers and employees of the
Department of Energy questions and concerns of governments,
persons, and entities referred to paragraph (2) on the closure
of the site.
(d) Deadline for Establishment.--The local stakeholder organization
for a Department of Energy Environmental Management 2006 closure site
shall be established not later than six months before the closure of
the site.
(e) Department of Energy Environmental Management 2006 Closure Site
Defined.--In this section, the term ``Department of Energy
Environmental Management 2006 closure site'' means each clean up site
of the Department of Energy scheduled by the Department as of January
1, 2004, for closure in 2006.
SEC. 3121. REPORT ON MAINTENANCE OF RETIREMENT BENEFITS FOR CERTAIN
WORKERS AT 2006 CLOSURE SITES AFTER CLOSURE OF SITES.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Assistant Secretary of Energy for
Environmental Management shall submit to the Secretary of Energy a
report on the maintenance of retirements benefits for workers at
Department of Energy 2006 closure sites after the closure of such
sites.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) The number of workers at Department of Energy 2006
closure sites that could lose retirement benefits as a result
of the early closure of such a site.
(2) The impact on collective bargaining agreements with
workers at Department of Energy 2006 closure sites of the loss
of their retirement benefits as described in paragraph (1).
(3) The cost of providing retirement benefits, after the
closure of Department of Energy 2006 closure sites, to workers
at such sites who would otherwise lose their benefits as
described in paragraph (1) after the closure of such sites.
(c) Transmittal to Congress.--Not later than 30 days after
receiving the report under subsection (a), the Secretary shall transmit
the report to Congress, together with such recommendations, including
recommendations for legislative action, as the Secretary considers
appropriate.
(d) Definitions.--In this section:
(1) The term ``Department of Energy 2006 closure site''
means the following:
(A) The Rocky Flats Environmental Technology Site,
Colorado.
(B) The Fernald Plant, Ohio.
(C) The Mound Plant, Ohio.
(2) The term ``worker'' means any employee who is employed
by contract to perform cleanup, security, or administrative
duties or responsibilities at a Department of Energy 2006
closure site.
(3) The term ``retirement benefits'' means health, pension,
and any other retirement benefits.
Subtitle C--Proliferation Matters
SEC. 3131. MODIFICATION OF AUTHORITY TO USE INTERNATIONAL NUCLEAR
MATERIALS PROTECTION AND COOPERATION PROGRAM FUNDS
OUTSIDE THE FORMER SOVIET UNION.
(a) Applicability of Authority Limited to Projects Not Previously
Authorized.--Subsection (a) of section 3124 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1747) is amended by inserting ``that has not previously been authorized
by Congress'' after ``states of the former Soviet Union''.
(b) Repeal of Limitation on Total Amount of Obligation.--Such
section is further amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d), (e), and (f) as
subsections (c), (d), and (e), respectively.
Subtitle D--Other Matters
SEC. 3141. INDEMNIFICATION OF DEPARTMENT OF ENERGY CONTRACTORS.
Section 170 d.(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C.
2210(d)(1)(A)) is amended by striking ``until December 31, 2004'' and
inserting ``until December 31, 2006''.
SEC. 3142. TWO-YEAR EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN
SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.
Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C.
2701(c)(1)) is amended by striking ``September 30, 2004'' and inserting
``September 30, 2006''.
SEC. 3143. ENHANCEMENT OF ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM AUTHORITIES.
(a) State Agreements.--Section 3661 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-394) (42 U.S.C. 7385o) is amended--
(1) in subsection (b), by striking ``Pursuant to agreements
under subsection (a), the'' and inserting ``The'';
(2) in subsection (c), by striking ``provided in an
agreement under subsection (a), and if''; and
(3) in subsection (e), by striking ``If provided in an
agreement under subsection (a)'' and inserting ``If a panel has
reported a determination under subsection (d)(5)''.
(b) Physician Panels.--Subsection (d) of such section is amended by
striking paragraph (2) and inserting the following new paragraph (2):
``(2) The Secretary of Health and Human Services shall, in
consultation with the Secretary of Energy, select the individuals to
serve as panel members based on experience and competency in diagnosing
occupational illnesses. The Secretary shall appoint the individuals so
selected as panel members or shall obtain by contract the services of
such individuals as panel members.''.
SEC. 3144. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF LOS ALAMOS
NATIONAL LABORATORY, NEW MEXICO.
(a) Support Through Current Management and Operations Contract.--
The Secretary of Energy shall modify applicable provisions of the
current management and operations contract for Los Alamos National
Laboratory, New Mexico, to require the contractor under the contract to
provide support to the Los Alamos Public School District, New Mexico,
for the elementary and secondary education of students by the School
District in an amount not to exceed $8,000,000 in each fiscal year.
(b) Support Through Succeeding Management and Operations
Contracts.--The Secretary shall ensure that each management and
operations contract for Los Alamos National Laboratory that is entered
into on or after the date of the enactment of this Act contains terms
requiring the contractor under such contract to provide support to the
Los Alamos Public School District for the elementary and secondary
education of students by the School District in an amount specified by
the Secretary in such contract that is appropriate for purposes of this
section.
SEC. 3145. REVIEW OF WASTE ISOLATION PILOT PLANT, NEW MEXICO, PURSUANT
TO COMPETITIVE CONTRACT.
(a) Contract Requirement.--The Secretary of Energy shall use
competitive procedures to enter into a contract to conduct independent
reviews and evaluations of the design, construction, and operations of
the Waste Isolation Pilot Plant in New Mexico (hereafter in this
section referred as the ``WIPP'') as they relate to the protection of
the public health and safety and the environment. The contract shall be
for a period of one year, beginning on October 1, 2004, and shall be
renewable for four additional one-year periods with the consent of the
contractor and subject to the authorization and appropriation of funds
for such purpose.
(b) Content of Contract.--A contract entered into under subsection
(a) shall require the following:
(1) The contractor shall appoint a Director and Deputy
Director, who shall be scientists of national eminence in the
field of nuclear waste disposal, shall be free from any biases
related to the activities of the WIPP, and shall be widely
known for their integrity and scientific expertise.
(2) The Director shall appoint staff. The professional
staff shall consist of scientists and engineers of recognized
integrity and scientific expertise who represent scientific and
engineering disciplines needed for a thorough review of the
WIPP, including disciplines such as geology, hydrology, health
physics, environmental engineering, probability risk analysis,
mining engineering, and radiation chemistry. The disciplines
represented in the staff shall change as may be necessary to
meet changed needs in carrying out the contract for expertise
in any certain scientific or engineering discipline. Scientists
employed under the contract shall have qualifications and
experience equivalent to the qualifications and experience
required for scientists employed by the Federal Government in
grades GS-13 through GS-15.
(3) Scientists employed under the contract shall have an
appropriate support staff.
(4) The Director and Deputy Director shall each be
appointed for a term of 5 years, subject to contract renewal,
and may be removed only for misconduct or incompetence. The
staff shall be appointed for such terms as the Director
considers appropriate.
(5) The rates of pay of professional staff and the
procedures for increasing the rates of pay of professional
staff shall be equivalent to those rates and procedures
provided for the General Schedule pay system under chapter 53
of title 5, United States Code.
(6) The results of reviews and evaluations carried out
under the contract shall be published.
(c) Administration.--The contractor shall establish general
policies and guidelines to be used by the Director in carrying out the
work under the contract.
SEC. 3146. COMPENSATION OF PAJARITO PLATEAU, NEW MEXICO, HOMESTEADERS
FOR ACQUISITION OF LANDS FOR MANHATTAN PROJECT IN WORLD
WAR II.
(a) Establishment of Compensation Fund.--There is established in
the Treasury of the United States a fund to be known as the Pajarito
Plateau Homesteaders Compensation Fund (in this section referred to as
the ``Fund''). The Fund shall be dedicated to the settlement of the two
lawsuits in the United States District Court for the District of New
Mexico consolidated as Civ. No. 00-60.
(b) Elements of Fund.--The Fund shall consist of the following:
(1) Amounts available for deposit in the Fund under
subsection (j).
(2) Interest earned on amounts in the Fund under subsection
(g).
(c) Use of Fund.--The Fund shall be available for the settlement of
the consolidated lawsuits in accordance with the following
requirements:
(1) The settlement shall be subject to preliminary and
final approval by the Court in accordance with rule 23(e) of
the Federal Rules of Civil Procedure.
(2) Lead Counsel and Counsel for the United States of
America shall recommend to the Court reasonable procedures by
which the claims for monies from the Fund shall be
administered, which recommendations shall include mechanisms--
(A) to identify class members;
(B) to receive claims from class members so
identified;
(C) to determine in accordance with subsection (d)
eligible claimants from among class members submitting
claims; and
(D) to resolve contests, if any, among eligible
claimants with respect to a particular eligible tract
regarding the disbursement of monies in the Fund with
respect to such eligible tract.
(3) Lead Counsel and Counsel for the United States of
America shall provide evidence to the Court to assist the Court
in--
(A) identifying each class member by name and
whereabouts;
(B) providing notice of the settlement process for
the consolidated lawsuits to each class member so
identified; and
(C) providing the forms, and describing the
procedure, for making claims to each class member so
identified.
(4) After the provision of notice to class members under
paragraph (3), if, within a time period to be established by
the Court, more than 10 percent of the class members submit to
the Court written notice of their determination to be excluded
from participation in the settlement of the consolidated
lawsuits--
(A) the Fund shall not serve as the basis for the
settlement of the consolidated lawsuits and the
provisions of this section shall have no further force
or effect; and
(B) amounts in the Fund shall not be disbursed, but
shall be retained in the Treasury as miscellaneous
receipts.
(5) The Court may award attorney fees and expenses from the
Fund pursuant to rule 23 of the Federal Rules of Civil
Procedure, except that the award of attorney fees may not
exceed 20 percent of the Fund and the award of expenses may not
exceed 2 percent of the Fund. Any attorney fees and expenses so
paid shall be paid from the Fund before distribution of the
amount in the Fund to eligible claimants entitled thereto.
(6) The Fund shall be available to pay settlement awards in
accordance with the following:
(A) The balance of the amount of the Fund that is
available for disbursement after any award of attorney
fees and expenses under paragraph (5) shall be
allocated proportionally by eligible tract according to
its acreage as compared with all eligible tracts.
(B) The allocation for each eligible tract shall be
allocated pro rata among all eligible claimants having
an interest in such eligible tract according to the
extent of their interest in such eligible tract, as
determined under the laws of the State of New Mexico.
(C) Payments from the Fund under this paragraph
shall be made by the Secretary of the Treasury.
(7) Any amounts available for disbursement with respect to
an eligible tract that are not awarded to eligible claimants
with respect to that tract by reason of paragraph (6)(B) shall
be retained in the Treasury as miscellaneous receipts.
(d) Eligible Claimants.--(1) For purposes of this section, an
eligible claimant is any class member determined by the Court, by a
preponderance of evidence and pursuant to procedures established under
subsection (c)(2), to be a person or entity who held a fee simple
ownership in an eligible tract at the time of its acquisition by the
United States during World War II for use in the Manhattan Project, or
the heir, successor in interest, assignee, or beneficiary of such a
person or entity.
(2) The status of a person or entity as an heir, successor in
interest, assignee, or beneficiary for purposes of this subsection
shall be determined under the laws of the State of New Mexico,
including the descent and distribution law of the State of New Mexico.
(e) Full Resolution of Claims Against United States.--(1) The
acceptance of a disbursement from the Fund by an eligible claimant
under this section shall constitute a final and complete release of the
defendants in the consolidated lawsuits with respect to such eligible
claimant, and shall be in full satisfaction of any and all claims of
such eligible claimant against the United States arising out of acts
described in the consolidated lawsuits.
(2) Upon the disbursement of the amount in the Fund to eligible
claimants entitled thereto under this section, the Court shall, subject
to the provisions of rule 23(e) of the Federal Rules of Civil
Procedure, enter a final judgment dismissing with prejudice the
consolidated lawsuits and all claims and potential claims on matters
covered by the consolidated lawsuits.
(f) Compensation Limited to Amounts in Fund.--(1) An eligible
claimant may be paid under this section only from amounts in the Fund.
(2) Nothing in this section shall authorize the payment to a class
member by the United States Government of any amount authorized by this
section from any source other than the Fund.
(g) Investment of Fund.--(1) The Secretary of the Treasury shall,
in accordance with the requirements of section 9702 of title 31, United
States Code, and the provisions of this subsection, direct the form and
manner by which the Fund shall be safeguarded and invested so as to
maximize its safety while earning a return comparable to other common
funds in which the United States Treasury is the source of payment.
(2) Interest on the amount deposited in the Fund shall accrue from
the date of the enactment of the Act appropriating amounts for deposit
in the Fund until the date on which the Secretary of the Treasury
disburses the amount in the Fund to eligible claimants who are entitled
thereto under subsection (c).
(h) Preservation of Records.--(1) All documents, personal
testimony, and other records created or received by the Court in the
consolidated lawsuits shall be kept and maintained by the Archivist of
the United States, who shall preserve such documents, testimony, and
records in the National Archives of the United States.
(2) The Archivist shall make available to the public the materials
kept and maintained under paragraph (1).
(i) Definitions.--In this section:
(1) The term ``Court'' means the United States District
Court for the District of New Mexico having jurisdiction over
the consolidated lawsuits.
(2) The term ``consolidated lawsuits'' means the two
lawsuits in the United States District Court for the District
of New Mexico consolidated as Civ. No. 00-60.
(3)(A) The term ``eligible tract'' means private real
property located on the Pajarito Plateau of what is now Los
Alamos County, New Mexico, that was acquired by the United
States during World War II for use in the Manhattan Project and
which is the subject of the consolidated lawsuits.
(B) The term does not include lands of the Los Alamos Ranch
School and of the A.M. Ross Estate (doing business as Anchor
Ranch).
(4) The term ``class member'' means the following:
(A) Any person or entity who claims to have held a
fee simple ownership in an eligible tract at the time
of its acquisition by the United States during World
War II for use in the Manhattan Project.
(B) Any person or entity claiming to be the heir,
successor in interest, assignee, or beneficiary of a
person or entity who held a fee simple ownership in an
eligible tract at the time of its acquisition by the
United States during World War II for use in the
Manhattan Project.
(j) Funding.--Of the amount authorized to be appropriated by
section 3101(a)(4) for the National Nuclear Security Administration for
the Office of the Administrator for Nuclear Security, $10,000,000 shall
be available for deposit in the Fund under subsection (b)(1).
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2005,
$21,268,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
SEC. 3301. DISPOSAL OF FERROMANGANESE.
(a) Disposal Authorized.--The Secretary of Defense may dispose of
up to 50,000 tons of ferromanganese from the National Defense Stockpile
during fiscal year 2005.
(b) Contingent Authority for Additional Disposal.--After the
disposal of ferromanganese authorized by subsection (a)--
(1) the Secretary may dispose of up to an additional 25,000
tons of ferromanganese from the National Defense Stockpile
before September 30, 2005; and
(2) if the Secretary completes the disposal authorized by
paragraph (1) before September 30, 2005, the Secretary may
dispose of up to an additional 25,000 tons of ferromanganese
from the National Defense Stockpile before that date.
(c) Certification.--The Secretary may dispose of ferromanganese
under paragraph (1) or (2) of subsection (b) only if the Secretary,
with the concurrence of the Secretary of Commerce, certifies to the
congressional defense committees not later than 30 days before the
commencement of disposal under the applicable paragraph that--
(1) the disposal of ferromanganese under such paragraph is
in the national interest due to extraordinary circumstances in
markets for ferromanganese;
(2) the disposal of ferromanganese under such paragraph
will not cause undue harm to domestic manufacturers of
ferroalloys; and
(3) the disposal of ferromanganese under such paragraph is
consistent with the requirements and purpose of the National
Defense Stockpile under the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98 et seq.).
(d) Delegation of Responsibility.--The Secretary of Defense and the
Secretary of Commerce may each delegate the responsibility of such
Secretary under subsection (c) to an appropriate official within the
Department of Defense or the Department of Commerce, as the case may
be.
(e) National Defense Stockpile Defined.--In this section, the term
``National Defense Stockpile'' means the stockpile provided for in
section 4 of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c).
SEC. 3302. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR CERTAIN
PREVIOUSLY AUTHORIZED DISPOSALS FROM THE NATIONAL DEFENSE
STOCKPILE.
Section 3303(a) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (50 U.S.C. 98d note) is
amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(6) $870,000,000 by the end of fiscal year 2014.''.
Calendar No. 503
108th CONGRESS
2d Session
S. 2400
[Report No. 108-260]
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2005 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
_______________________________________________________________________
May 11, 2004
Read twice and placed on the calendar