[Congressional Record Volume 150, Number 71 (Wednesday, May 19, 2004)]
[House]
[Pages H3260-H3358]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2005
The SPEAKER pro tempore. Pursuant to House Resolution 648 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 4200.
{time} 1433
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 4200) to authorize appropriations for fiscal year 2005 for
military activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 2005, and for other purposes, with
Mr. Hastings of Washington in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from California (Mr. Hunter) and the
gentleman from Missouri (Mr. Skelton) each will control 60 minutes.
The Chair recognizes the gentleman from California (Mr. Hunter).
Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this is a bill that was put together with the
bipartisan work of all members of the House Committee on Armed
Services, the defense bill for the United States. It was engaged in
with a great deal of detail by Republicans and Democrats to try to do
the very best we could for the people that wear the uniform of the
United States.
Beyond that, Mr. Chairman, we have had enormous publicity the last
number of days about the mess at Abu Ghraib. I estimated we have
probably devoted as much media attention to that mess involving now, as
identified, some seven personnel, as we did to the Normandy invasion,
and that is an imbalance. It is time to refocus.
The subjects of the refocus should be the 135,000 great personnel
doing their job in Iraq and the tens of thousands doing their job in
Afghanistan and around the world in this war against terrorism. So I
just thought I might start out, Mr. Chairman, by reminding my
colleagues that while that much-publicized mess was taking place with
just a few people at Abu Ghraib Prison, Master Sergeant Tony Prior was
taking on an enemy position in Afghanistan and was single-handedly
taking out four insurgents, the last one in hand-to-hand combat to win
the Silver Star.
Jeffrey Bohr, Gunnery Sergeant Jeffrey Bohr was over in Iraq laying
down a field of fire to protect his wounded Marines who otherwise would
have been killed, and he laid down that field of fire until he himself
was killed.
I have dozens of such citations, Mr. Chairman, on the leadership
desk, and I would hope that Members walk down. And if their heads are
filled with all of the publicity about a few bad apples at Abu Ghraib
Prison, I want them to pick up those citations and read about the good
apples, the great Americans who fill out this 2.5-million-person force
that wear the uniform of the United States, active, Guard and Reserve.
This bill is a big bill, and my great partner, the gentleman from
Missouri (Mr. Skelton), the ranking member, have worked on it along
with all of the members of the committee. Almost all of our members
have gone to Iraq now. A lot of them have also gone to Afghanistan,
some of them multiple times. We have visited troops, held extensive
hearings, and we put together a bill that we think supplies the
wherewithal, the equipment for our troops to get the job done.
Let me go over a couple of those things, and then I want to listen to
my colleagues on the Democrat side of the aisle who have been such
great partners in this endeavor.
First, we have tried to focus on this theater in Iraq because our
people need equipment, they need to have the very best equipment. They
are over there in the heat and in enemy fire with oppressive living
conditions. We have devoted and focused our dollars on that theater, so
we pulled some money out of some areas that are not right now relevant,
closely relevant, to that warfighting theater, more long-range things,
things that are peripheral.
We focused that money on things like force protection, up-armored
Humvees, steel for the trucks, the 5-ton trucks for the Army, 7-ton
trucks for the Marine Corps, replenishment of ammunition, surveillance
capability so we can see the bad guys and engage them before they can
get in tight to our troops. All of the leverage we can give them with
high technology, we give them in this bill.
We also look to their families. We have this 3.5 percent pay raise
across the board, we have an expansion of the amount of money that our
troops now get for hazardous duty and for separation from their family.
We have also put in a survivor benefit for the widows of our military
people and for the widowers of our military people so they will not
have this offset against Social Security.
We have tried to do a lot of things on the people's side. We have a
great bill with our military housing, our MILCON projects. We have
privatization, the cap removed from 2006 on, and we are going to work
to make sure there is no seam between 2005 and 2006.
Beyond that, the ranking member and I and a number of other folks
have been working and looking at force levels. We now have 10 Army
divisions; we used to have 18 in 1991. We have a relatively small
Marine Corps, roughly 177,000. We realize we are going to need more
people.
And for families who say, How come Joe is not here again for
Christmas, whether he is Guard, Reserve, or active, one answer is, we
have such a small force that the people have to go more often. And so
we have increased in strength by some 10,000 this year, 10,000 next
year and 10,000 the next year, and that coincides with Chief of Staff
of the Army Schumacher's plan to increase the fighting strength of the
U.S. Army by three brigades this year, three brigades next year, and
four brigades the year after to add 10 new fighting brigades to the
Army for a total of 43. We have also increased the U.S. Marines Corps
by 3,000 personnel per year for the next 3 years.
To do that and to do a lot of the other things that we are flowing to
the troops, we have also bolted onto this package a supplemental for
$25 billion. That supplemental will handle the closing months of this
year to make sure that our troops do not run thin on supplies or
replenishment or new capabilities in the last few months of this year.
It also helps General Schumacher to stand up this new modular force
that he is putting into effect and reshaping the Army.
So we have that $25 billion bolted on, and that has lots of good
stuff for the troops. It helps to sustain us through any tough things
that we may see in the last several months of this year.
Now, we are going to need a new supplemental. We all know that. The
chairman of the Committee on the Budget, the gentleman from Iowa (Mr.
Nussle) talked about that and put a $50 billion wedge in the budget,
acknowledging that fact; and we are going to have to come around at
some point and have a new supplemental to get through 2005. It all
depends on how far we can reasonably project. We think this $25 billion
bolt-on that we are doing will do the right things for the troops.
We have gone right down through the unfunded requirements list,
things that our Army, Navy, Marine Corps, and our Air Force sent to us,
things that they said we need, Congress, we do not have the money for
them. And we went in and paid for those things so we can pull them out
and deliver them to the troops in this supplemental we have bolted on.
So this is a great bill. I want to commend the ranking member and all
of the great members of the Armed Services Committee. We have great
subcommittee chairmen who have worked some very tough issues; their
ranking members have worked them hard, and we have brought this bill,
in what is a
[[Page H3261]]
contentious political season, we brought this bill out on a 60-0 vote.
It was a 60-0 vote because we have common ground, and that common
ground is the Armed Forces of the United States and their well-being.
Mr. Chairman, I reserve the balance of my time.
Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise to urge my colleagues to support this national
defense authorization bill. I will leave aside my disappointment on the
rule. We are past that, and we are now discussing the bill in general
debate.
This bill is a good bill. It is a solid bill, and I wish first to
thank the chairman, the gentleman from California (Mr. Hunter) for his
work, for his collegial markup, and for his leadership on the bill, as
it was in the committee and reported to the House. We thank the
gentleman for that.
This bill is an important one because it funds the military for a
year, which is good news for the United States military. For those in
uniform at the individual level, it makes a number of improvements on
how our soldiers live. Most significantly, it raises the cap on family
housing construction. Military service can weigh heavy on a family, and
I believe it is much easier for a deployed soldier to know that the
family back home is living in decent conditions.
The 3.5 percent larger paycheck, of course, helps. The bill also
increases the end strength, that is, the troop strength of the Army and
Marine Corps. Since 1995, I have been urging this and as a result in
the supplemental part, the $25 billion part of this bill, which is
something which should have been done and is done, we are increasing
the Army in strength by 10,000, 30,000 over 3 years; and the Marine
Corps by 3,000, 9,000 over 3 years.
More broadly, the bill provides funding for the next few months of
operations in Iraq and Afghanistan. I was disappointed to receive a
budget request that pretended we could not foresee at least some of the
level of military activity. I recently wrote that, based on historical
precedent, U.S. forces may be in Iraq for the next 50 years.
{time} 1445
Whether that is true or not, we can be sure they will be there for
more than 3 months.
We are in a war. Neither the country nor this Congress was united in
initiating the conflict, but we stand now as one with the soldiers,
sailors, airmen and Marines fighting it. I expect that much of the
debate over the next 2 days will concern Iraq, and rightly so. Let me
mention two points, if I may.
First, events of recent weeks, from open questions relating to the
transition of sovereignty, to real questions about the role of private
military contractors providing security services, to the disturbing
events at Abu Ghraib prison highlight the Congress's need to get better
information and to take our oversight role more seriously. These are
issues critical to our country's security and to our role in the world.
This bill makes some steps in those directions.
Second, though, it is important that we not let a focus on the
current conflict blind us to the needs of the future. This bill says
fiscal year 2005; but the force structures, platforms and policies
addressed in it will shape the military for 40 years or more. We have
to be prepared for the full range of threats to our Nation and its
interests.
We have learned lessons from the past. We have learned some real-life
lessons from attempting to rapidly acquire equipment to protect our
forces in Iraq. Those lessons have been incorporated into this bill
where there is streamlining acquisition language to help protect those
who are in harm's way.
I am disappointed in the bill's approach to nuclear weapons
development and not going further to fund the foreseeable costs of our
current operations. I was disappointed, too, that the amendment of the
gentlewoman from California (Ms. Linda Sanchez) to conform the Uniform
Code of Military Justice was not allowed to be on this floor.
But, Mr. Chairman, we are at war. A few moments ago, we paid tribute
to those who have served and do serve in uniform on a resolution
involving the poppy, which we all wear. But the best thing we can do
for those currently serving is to pass this bill to make sure they have
the wherewithal to continue fighting and keeping the peace and
stability in those far corners of the world. It is one way to say thank
you, we support you, not just in words but by our votes today.
Mr. Chairman, I reserve the balance of my time.
Mr. HUNTER. Mr. Chairman, I yield 3 minutes to the very distinguished
gentleman from Colorado (Mr. Hefley), chairman of the Subcommittee on
Readiness, the subcommittee which oversees the biggest increment of the
defense budget, all operations, maintenance and military construction.
Mr. HEFLEY. Mr. Chairman, today the U.S. military is deployed around
the world in support of the war against terrorism, the efforts to
rebuild Afghanistan and Iraq, and defense of the American homeland and
U.S. interests abroad. H.R. 4200, the National Defense Authorization
Act For Fiscal Year 2005, provides the resources necessary to keep the
U.S. military ready to overcome any challenge.
H.R. 4200 includes operations and maintenance funds for training,
peacetime operational tempo and depot maintenance, as well as resources
to support the troops in Iraq and Afghanistan for the first months of
fiscal year 2005. Of the $25 billion included in the bill for Operation
Iraqi Freedom and Operation Enduring Freedom, $16 billion is directly
dedicated to maintaining or improving our military readiness.
H.R. 4200 fully funds the President's environmental programs,
including $3.8 billion for pollution prevention, conservation,
compliance, and cleanup activities of the Department of Defense. The
bill also recognizes and rewards the civilian personnel who support the
global war on terror by authorizing additional pay for civilians who
are proficient in foreign languages and extending health benefits to
government employees who are mobilized Reservists.
In keeping with the theme of this year's bill, The Year of the
Soldier, H.R. 4200 contains additional funds for soldier equipment and
protective gear, authorizes the Secretary of Defense to reimburse those
soldiers who needed protective body armor, but had to buy it
themselves, and provides $9.9 billion for military construction and
family housing. The bill also contains a provision to eliminate the cap
on military housing privatization program as of October 1, 2005, saving
this successful program which has improved housing for tens of
thousands of military families from termination.
Finally, H.R. 4200 contains a provision that would delay the next
base closure round until 2007, pending DoD reports to Congress on a
number of absolutely critical, yet still unresolved, infrastructure-
related issues. This provision is neither an election-year stunt nor an
effort to kill BRAC forever. To the contrary, it is reflective of deep
bipartisan concern that the U.S. military is undergoing too much
turbulence to allow the 2005 BRAC round to be a fully informed,
effective process.
We are a Nation at war against terrorism. Our military is rebuilding
Afghanistan and Iraq. The Department of Defense is contemplating the
most significant overseas basing changes since World War II. The
military requirements to defend the homeland continue to evolve and
military transformation continues to change the basic training and
operational requirements of our Nation's forces. Each of these issues
is a significant factor in determining the domestic basing needs of our
Nation's military, and each of these issues is not yet resolved. Until
the Department resolves these issues and Congress has the opportunity
to review and approve these decisions, a base closure round is
premature and is sure to result in poor closure and realignment
decisions. As a Nation, we simply cannot afford to close a military
installation in the 2005 BRAC round only to discover in 2010 that the
assets at that base were both irreplaceable and now lost forever.
Mr. Chairman, this is a good bill. I encourage the support of
everyone for this piece of legislation.
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from
Texas (Mr. Ortiz), the ranking member on the Subcommittee on Readiness.
[[Page H3262]]
(Mr. ORTIZ asked and was given permission to revise and extend his
remarks.)
Mr. ORTIZ. Mr. Chairman, I want to thank the gentleman from
California and the gentleman from Missouri for the fine work that they
have done in putting this bill together; and, of course, as the ranking
member of the Subcommittee on Readiness, I am pleased to join the
gentleman from Colorado in commending H.R. 4200 to my colleagues'
attention and urge them to vote for this great bill because we have
worked together as a nonpartisan group. We have every reason to be
proud of this bill as a whole and the readiness-related portions in
particular. It reflects fair and thoughtful leadership and a lot of
hard, bipartisan work on the part of the committee. Again I thank the
gentleman from Colorado for that. Also I want to say thank you to our
staff because it is not easy when you are working on a $400 billion
bill to be able to put everything together and bring it to the floor.
So to the staff, thank you for a great job.
I would first like to say how proud I am of our military forces and
of the thousands of civilian workers who work night and day to support
our military. We owe them a debt of gratitude for their service.
Mr. Chairman, we are a Nation at war. This bill that we have put
together is a prudent way to approach the difficult balancing of
competing demands to assure that our troops have what they need for
success. To that end, we have authorized nearly $120 billion for their
peacetime operating and maintenance requirements. But, of course, we
are not in a peacetime environment. For example, the Army testified
that coming into this fiscal year it had $1.2 billion of unfunded
maintenance requirements as it began bringing its equipment back from
Iraq and Afghanistan.
Not only that, we are now depending a little too much on the Reserves
and the National Guard. It has come to my attention that sometimes this
equipment stays behind. They do not bring it back with them. The
gentlemen who serve as National Guardsmen and Reserves are first
responders in our communities. When they come back, they might not even
have the equipment to train with because it is left behind. H.R. 4200
makes some progress on those concerns, but we know that we can expect a
significant bill to come due when we begin to reset the force, repair
the equipment as it returns from the war, and restock our prepositioned
assets. That bill will be billions of dollars.
Today I ask my colleagues to support this bill. It is a good bill. It
is a bipartisan bill. This is exactly what our troops need.
Mr. HUNTER. Mr. Chairman, I want to thank the gentleman from Colorado
and the gentleman from Texas for their great work.
Mr. Chairman, I yield 5 minutes to the gentleman from New Jersey (Mr.
Saxton), who chairs the Subcommittee on Terrorism which oversees all of
our special operators and who has spent a ton of his time this last
year going to some very inconvenient places to make sure that our
troops get what they need.
Mr. SAXTON. Mr. Chairman, let me begin by thanking and congratulating
the chairman and the ranking member for the great leadership that they
have each shown in bringing us through this process beginning in
January, working through February, March and April; and here we are on
May 20 taking another step forward in this process of making sure that
we provide the resources that are needed by our troops in this, The
Year of the Troops, which is what this bill is named after.
I rise in strong support of the bill, the National Defense
Authorization Act for Fiscal Year 2005. Last week the Committee on
Armed Services approved this bill unanimously, continuing the
committee's tradition of bipartisanship in addressing the defense needs
for our Nation. The bill contains several initiatives that will aid the
armed services and the Federal Government as a whole in the ongoing war
against terrorism and contains several promising provisions that will
help to transform the military services.
At the request of the gentleman from California (Mr. Hunter), we
adopted the theme The Year of the Soldier and emphasized initiatives
that would directly assist our deployed forces. We are aware of the
challenges they face in Iraq and Afghanistan and want to do everything
we can to make conditions safer for them and to make it possible for
them to be ever so effective. An important element in the committee's
Year of the Soldier theme is force protection, and that is a concern
that influenced all we did this year.
We have taken a number of actions in this bill to provide the
resources and direction to better equip our men and women who are
serving selflessly in dangerous conditions overseas. In this bill, we
provide for our valiant warriors in the Special Operations Command. We
have authorized funds, for example, for several items in the SOCOM
commander's unfunded requirements priority list and have authorized
additional funding that would provide some necessary operational
flexibility for special operations forces on the ground.
We continue to believe that the best way to fight terrorism is to
keep terrorists far from our shores. I continue to believe that the
Special Operations Command is one of our most effective weapons in this
mission. This bill bolsters the command's capabilities in several ways.
Next, the bill provides increased funding to accelerate the
development and fielding of advanced technologies for emerging critical
operations needs, including projection of our forces against improvised
explosive devices and rocket and mortar attack and to provide real-time
surveillance of suspected enemy activities.
I could add here, Mr. Chairman, there is a very strong provision
which we added late in the game because at a hearing on April 21 it
became apparent that it took just too long to field new kinds of
technologies. We have provided a special program to provide
capabilities for the chief of staff of the Army and his staff to
provide in a more quick fashion the capabilities that are needed by our
soldiers.
In addition, this bill provides increased funding for combating
terrorism in terms of technological support to accelerate the
development and fielding of advanced technologies for the fight against
terrorism.
Finally, we continue to expand our successful initiative of last year
to develop chemical and biological defense countermeasures.
Mr. Chairman, I would be remiss if I did not say a word about
something that we are doing for those who have fought in previous wars.
We have found the resources this year to add $7 billion over a 10-year
period to bolster and bring up to date the survivors benefit program
that retired individuals and their spouses are able to avail themselves
of.
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We move the percentage of survivors benefits, that is, generally
widows, from a 35 percent level to a 55 percent level.
This SBP program is an extremely important program because what
happened was that in the past, when a member who served in the military
passed away, his surviving spouse, usually, of course, his widow, would
receive 55 percent of his retired pay up until she turned 62 and then
that percentage would drop to 35 percent.
We have fixed that in providing $7 billion over 10 years to bring
that 35 percent back up over a 4-year period to the 55 percent level.
This is important. It is a way of saying thank you to those who have
served our country and is a very important part of our bill.
In closing, I just want to express my appreciation to the members of
the Terrorism, Unconventional Threats and Capabilities Subcommittee,
who contributed so mightily to this bill, and particularly thank the
gentleman from Massachusetts (Mr. Meehan), the ranking member, with
whom I have worked closely over the years.
This is an excellent bill. I congratulate the chairman for bringing
it here. I urge all Members to vote ``yes'' on this bill.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
New
[[Page H3263]]
York (Mr. Israel), a member of the committee.
Mr. ISRAEL. Mr. Chairman, I thank the gentleman for yielding me this
time.
I rise in strong support of this authorization. And, of course, we
have to give credit where credit is due, and that is to the gentleman
from California (Mr. Hunter), chairman, and to the gentleman from
Missouri (Mr. Skelton), ranking member.
This bill includes funding for transformational weapons systems that
will help our military meet the challenges of the 21st century,
billions of dollars for new naval destroyers, Army combat systems, and
fighter aircraft programs.
These programs may be worthwhile, but I remember back in January when
I was on a C-130 traveling from Kuwait to Baghdad, a member of the 1st
Armored Division looked at me and said, Congressman, you have got to do
something about these improvised explosive devices, these roadside
bombs. They are the biggest threat that we face.
There has been a lot of talk in Washington about countering these
threats with hardware, with systems that are lighter and leaner and
faster, more precise, more agile, more lethal; and I understand the
need for that hardware transformation, but we also need a software
transformation. Our committee had Major General Robert Scales before
us, he is the former Commandant of the U.S. Army War College; and he
talked about the fact that our troops have exquisite situational
awareness, but we need to invest them with more cultural awareness.
They know where every tank is, their speed, their direction, their
firepower, how they are arrayed. What we need to make sure of is that
they know who is in the tank, what language they are speaking, not just
their firepower but their willpower. And that is why I want to thank
our chairman and ranking member for including in this authorization two
amendments that I offered which will establish a Defense Language
Office within the Department of Defense and require the Secretary of
Defense to assess the military's foreign language and cultural
awareness capabilities. Those skills are just essential to success in
the future.
Mr. Chairman, it is indisputable to us that our current forces are
doing an extraordinary job of adapting to challenges on the ground.
They deserve defense budgets that anticipate 21st century changes, not
Cold War challenges. They deserve defense budgets that value their
minds as well as their arms. And I want to again thank the gentleman
from California (Chairman Hunter) and the gentleman from Missouri (Mr.
Skelton), ranking member, for including the amendments that I proposed
in this authorization; and I urge the other body to accept those
amendments.
Mr. HUNTER. Mr. Chairman, I yield 2 minutes to the very distinguished
gentlewoman from Texas (Ms. Granger), who has great expertise in the
area of defense.
Ms. GRANGER. Mr. Chairman, I rise in strong support of the National
Defense Authorization Act for Fiscal Year 2005. I want to commend the
gentleman from California (Chairman Hunter); the gentleman from
Missouri (Mr. Skelton), ranking member; and the entire committee for
bringing this bill to the House floor at this crucial time for
America's Armed Forces. The committee had to balance many difficult
needs and did a great job.
The last several months have been very difficult for our men and
women serving in the United States military. The actions of a few at
Abu Ghraib Prison in Iraq must not reflect badly on their fellow
soldiers, sailors, Marines and airmen serving so bravely in the war on
terrorism. The barbaric murder of an American civilian captured on
videotape has reminded us of the true nature of our enemy and why we
must win this war. Our troops are on the front lines fighting this war
for each and every one of us, and they deserve our full support and
gratitude.
By passing the defense authorization bill this week, the House of
Representatives will send a strong message of support to our troops and
a resolve to friends and enemies across the globe. We must stand firm
and continue our fight against terrorism. There is no more important
battle today.
The bill authorizes over $420 billion for the Department of Defense
and the national security programs at the Department of Energy. It
includes many important provisions for our troops, their families, and
America's veterans.
The bill also authorizes an additional $25 billion in supplemental
funding to ensure that our men and women fighting in Iraq and
Afghanistan will have all the resources they need.
Finally, the bill funds many important weapons programs that will
ensure our military strength for decades to come. I want to focus on
some of those critical weapons programs: the F-34 Joint Strike Fighter,
the F/A-22 Raptor, and the V-22 Osprey.
The F-35 Joint Strike Fighter, or JSF as we call it, will be the
prime multirole fighter for the Air Force, Navy, and Marine Corps for
the 21st century. The defense authorization bill fully funds the
President's budget request for continued development of the JSF.
The basic JSF design, with several modifications to meet each
service's needs, will be used for all three services. The aircraft will
have the best next-generation avionics, weapons systems, and stealth
capabilities. It will also have dramatically increased range over our
current fighters. We simply must continue to develop the Joint Strike
Fighter, and the underlying bill fully supports the program.
The F/A-22 Raptor is the Air Force's state-of-the-art, next-
generation fighter aircraft. As with the JSF, the committee has fully
funded the President's request for the F/A-22. Specifically, the bill
includes funding to build 24 new F/A-22s over the next fiscal year.
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from
Texas (Mr. Reyes), ranking member on the Strategic Forces Subcommittee.
Mr. REYES. Mr. Chairman, I thank the ranking member for yielding me
this time, and I thank our chairman for always working together in a
very strong bipartisan manner on this very important committee as it
involves the national security of our country.
Mr. Chairman, the Strategic Forces Subcommittee has jurisdiction over
some of the most contentious and controversial issues considered by the
overall committee, including ballistic missile defense and nuclear
weapon development programs. While we did not reach complete bipartisan
accord on these two issues, the subcommittee and the committee
generally had substantive and cordial debates on all of these matters.
I am somewhat disappointed, Mr. Chairman, that even though the bill
contains $10 billion for various ballistic missile defense programs, no
amendment was made in order to allow for legitimate debate and a vote
on important policy issues related to those programs.
I am, however, pleased that we will have an opportunity to debate the
wisdom of developing new nuclear weapons. The mark contains the
President's budget request for both the Robust Nuclear Earth Penetrator
and an initiative to study new nuclear weapons designs called Advanced
Concepts. I will encourage my colleagues to vote in favor of the
Tauscher amendment which would transfer these funds to a more realistic
and conventional alternative to ``bunker busting.''
Our committee reached bipartisan agreement on the space programs
within this mark. We reduced funding for the Transformational Satellite
Communications program by $100 million and prevent the Air Force from
downselecting a prime contractor on space-based radar until they
provide a report to Congress. Members on both sides of the aisle are
concerned about the affordability and the technological readiness of
these programs.
Overall, the mark of the Strategic Forces Subcommittee is one that I
support. I am especially pleased that we were able to reach a
bipartisan agreement to add funding for THAAD, which is critical and
important to better protecting our troops in the field of theater-range
ballistic missiles. I want to thank the gentleman from Alabama (Mr.
Everett), my partner and my chairman, for his leadership on this issue
and our subcommittee in general. Even on those areas where we disagree,
he has always been a straightforward and fair individual, and it has
been a pleasure to work with him.
I also want to state today my concern about the number of troops in
our armed services. I am pleased that the
[[Page H3264]]
bill increases the end-strength levels for the Army and Marine Corps
over the next 3 years, but I remain concerned that this surely is not
enough. Simply put, we do not have enough troops to sustain our
commitments around the world, facing the current challenge. We are
starting to crack around the end-strength issue, and this may be an
indicator that we may have to reevaluate and reprioritize the various
theaters.
Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
I want to thank the gentleman for his hard work and the fact that he
has been in Iraq and Afghanistan more than any other member, which is
very important to this committee.
Mr. Chairman, I yield 4 minutes to the gentleman from Maryland (Mr.
Bartlett), the very thoughtful chairman of the Projection Forces
Subcommittee.
Mr. BARTLETT of Maryland. Mr. Chairman, before proceeding, as
chairman of the Projection Forces Subcommittee, I believe it
appropriate to first underscore the magnificent service rendered the
Nation by the men and women serving in our Armed Forces around the
world. We have called upon them and continue to call upon them to be
ready to make the ultimate sacrifice in their service to the Nation.
They continue to meet every challenge with true dedication and
commitment. We thank each and every one of them for their service, and
we thank all Americans for their unwavering support of our servicemen
and women.
History has repeatedly taught us that peace is only achieved through
strength. We have sought to apply the lessons learned from the ongoing
war on terrorism and operations in Iraq and Afghanistan to the
committee markup of the National Defense Authorization Act for Fiscal
Year 2005, in order to strengthen our Armed Forces.
Oceans cover three-fourths of the Earth's surface. The vast majority
of the world's population lives within 2 miles of a seacoast. Seventy
percent of our trade moves by sea. Clearly, maintaining America's naval
superiority is an imperative, not an option.
I am pleased to report that the National Defense Authorization Act
that we will consider increases the requested authorization for
Department of Defense programs within the jurisdiction of the
Projection Forces Subcommittee by $890 million; $296 million of the
additional authorization is for programs on the military service
chiefs' unfunded requirements list.
Authorization is included for the administration's request of one
Virginia Class submarine, three DDG-51 destroyers, one LPD-17
amphibious assault ship, and two cargo and ammunition ships.
We have also taken several initiatives to begin to address shortfalls
in important requirements of the Department of Defense. All of these
programs are viewed as critical enablers for operations in Iraq and
Afghanistan.
These programs include $150 million additional authorization to begin
development of the amphibious assault ship replacement; $96 million as
the fiscal year 2005 increment to begin the regeneration process to
restore 10 additional B-1s to combat-ready condition; $98 million to
upgrade the fleet of B-2 bombers; $100 million to continue a next-
generation bomber program to replace the now 42-year-old B-52 bomber
fleet; $95 million to begin the recapitalization of the Air Force's
aging aerial refueling tanker fleet; and $23 million to complete
development and evaluation of the Affordable Weapon System, a low-cost
cruise missile that is the successful result of an Office of Naval
Research advanced technology initiative to demonstrate the ability to
design, develop, and build a capable and affordable precision-guided
weapons system at a cost that would be an order of magnitude cheaper
than comparable weapons systems; and increased authorization for
several procurement and research and development programs of the
services.
In addition, the recommended mark includes important legislative
proposals: to accelerate the DDG-51 Aegis guided missile destroyer
modernization program; and to establish an independent body of
manufacturing experts to find ways to again make the United States
shipbuilding industry competitive. Ad hoc government policy and
business management adjustments to reductions in the fleet from 600 to
less than 300 are not adequate or acceptable to make the necessary
short-term and long-term decisions to maintain the capacity and
capability of this critical and complex industrial base. Once lost,
that industrial base cannot be easily reconstituted.
This study will rigorously analyze all of the relevant factors and
make recommendations to ensure the capability of America's shipyards to
build the ships for our Navy and to be competitive against other
shipyards in the global marketplace.
While there is much more to do, the National Defense Authorization
Act for Fiscal Year 2005 is an important step in making our country
more secure. I urge all of my colleagues to support this bill.
I would like to thank the gentleman from Mississippi (Mr. Taylor),
the ranking member of our subcommittee, for his extraordinary
partnership, dedication, and support in completing this bill. I would
like to thank all of my other colleagues on the subcommittee for their
diligence, commitment, and hard work.
I would also like to thank the gentleman from California (Mr.
Hunter), our chairman, for his leadership; and the gentleman from
Missouri (Mr. Skelton), our ranking member.
In conclusion, I would especially like to thank and recognize the
contributions of the many staff members for their invaluable assistance
in preparing H.R. 4200.
{time} 1515
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from
Texas (Mr. Turner), the ranking member of the Select Committee on
Homeland Security and a member of the Committee on Armed Services.
Mr. TURNER of Texas. Mr. Chairman, I would like to thank the chairman
and ranking member of the Committee on Armed Services for their
leadership on this bill today.
Mr. Chairman, I rise in support of our troops and in support of this
defense authorization bill, but I urge my colleagues to be up front
with the American people about the true cost of our operations in Iraq.
The supplemental $25 billion included in this bill for operations is
not enough. We all know that at the rate we are spending money in Iraq,
this will only last a few more months.
Democrats on the Committee on Armed Services unanimously supported a
$67 billion authorization to ensure we can do what is necessary to
provide stability in Iraq, and we have been denied the opportunity to
have a vote on this issue on the floor by the Committee on Rules.
To accomplish our goal in Iraq, we need additional troop strength; we
must commit whatever is necessary to force protection; we need to
increase recruiting and training for the Iraqi military and police
forces; and, finally, we need a bold and urgent plan that gives the
Iraqi people the opportunity to determine their own destiny.
We have set a June 30 deadline for the handover of political
authority to the interim Iraqi Government. The President has correctly
said we must keep this deadline. Deadlines are important motivators;
they give purpose and direction and urgency to both planning and
execution. The Iraqi people must also keep the deadline to adopt a
permanent constitution on or before October 15, 2005.
It is equally clear that we should also establish a clear and
unambiguous deadline of December 31, 2005, to turn over complete
responsibility for peacekeeping to the Iraqi civilian police and the
Iraqi military. Thereafter, we should commit, if invited by the new
government to participate in an international advisory group, to assist
the Iraqi people in a successful transition to stability and democracy.
The Iraqi people are capable, resourceful, and educated; and we know
that stability can be achieved with hard work and strong commitment. We
can and should encourage and support democracy in Iraq; but in the
final analysis, the Iraqi people must choose democracy and a form of
government fashioned by their own history, their own values, and their
own initiatives.
Our brave soldiers and the American people have already and will
continue to pay in blood and treasure to achieve this goal. A clear
timetable will more likely achieve a successful outcome. Both the
people of America and the people of Iraq deserve no less.
[[Page H3265]]
Mr. HUNTER. Mr. Chairman, I yield 4 minutes to the gentleman from
Alabama (Mr. Everett), the chairman of our Subcommittee on Strategic
Forces which oversees our nuclear component, space assets, and many
critical aspects of national security.
(Mr. EVERETT asked and was given permission to revise and extend his
remarks.)
Mr. EVERETT. Mr. Chairman, first of all, let me say how much I enjoy
being on this great committee. There is not a member of this committee
that is not interested in serving the American fighting man and woman.
We owe much of our attitude to our great leadership from our full
committee chairman, the gentleman from California (Mr. Hunter), and our
ranking member, the gentleman from Missouri (Mr. Skelton). I would be
remiss if I did not also note it is a pleasure for me to work with my
ranking member and partner, the gentleman from Texas (Mr. Reyes). He
has made great contributions to this markup.
Mr. Chairman, ongoing operations in Iraq and against terrorism at
large call for a fresh look at military requirements. These lessons
learned illustrate that today's defense forces must be powerful,
versatile, and be able to deploy globally with great speed.
Moreover, our national security investment must continue the
development of transformational capabilities of future systems. Given
that, this bill supports the administration's objectives while making
significant improvements to the budget request and incorporating the
chairman's theme of supporting the war fighter.
Mr. Chairman, the Subcommittee on Strategic Forces' effort continues
to fund missile defense, military space and atomic energy programs. As
we quickly approach the deployment of the Nation's first national
missile defense capability later this summer, this bill fully funds the
GMD system.
In the area of military space, the bill shifts funds from longer-term
follow-on systems to more near-term capabilities, including the
Operationally Responsive Satellite and the Advanced EHF Satellite. The
bill adds funding for the SBIRS High program and ensures sufficient
technological maturity for the Space Based Radar and the TSAT program.
Within Atomic Energy Defense Activities, the bill funds the National
Nuclear Security Administration at the budget request. The bill
includes modest reductions for directed stockpile work and campaigns
while adding $50 million for infrastructure upgrades that are badly
needed. The committee recommends $5.88 billion for defense site
acceleration completion, an increase of $62 million over fiscal year
2004.
Mr. Chairman, the committee's recommendation addresses the
administration's objectives, many of DoD's unfunded requirements, and
Member priorities. I urge my colleagues to support this important
legislation.
Mr. SKELTON. Mr. Chairman, I yield 5 minutes to the gentleman from
South Carolina (Mr. Spratt), the ranking member on the Committee on the
Budget and also a distinguished member of the Committee on Armed
Services.
(Mr. SPRATT asked and was given permission to revise and extend his
remarks.)
Mr. SPRATT. Mr. Chairman, first of all, I commend my good friend, the
chairman. We do not agree about everything; nevertheless, I hope that
is not a sign of what is about to come. He does a wonderful job of
chairing the committee, and he has brought to the floor a good piece of
legislation. We thought it could be better. I wish there were more
amendments in order, but I do not want to diminish the significance of
what is in the bill.
Mr. Chairman, with troops in the field being bombed and shot at, we
cannot be stinting about what we provide our troops. We have got to
give them the resources they need to do the tough tasks that they have
taken on. But with the defense bill before us running at a level of
$422 billion, that is an increase of $125 billion in 3 years, and with
the costs of our operations in Iraq alone approaching $200 billion by
the end of next year, military and economic reconstruction, Congress
also cannot relax its oversight responsibilities and we should not
rubber-stamp what the administration sends us.
That is why I thought more of the 100-odd amendments we offered
should have been made in order. We could have a good, full debate on
the House floor about priorities. That is why I wanted to take the
ballistic missile defense account, which the administration wants to
increase by $1.2 billion, to make it twice as big as any other program
in the procurement and R&D accounts; why I wanted to take just a little
bit, $400 million off the top of that, leaving an increase of $800
million; take a little off the top of that and then spread it to
someplace else in the budget where I think it would do a lot more good,
and that is in compensating the backbone of our military services, our
NCOs and warrant officers, with a pay raise above the level provided
other troops, at least in the rate of increase.
In addition, I wanted to provide $25 million to $50 million, that is
all, so we could say to every troop we send into combat, Uncle Sam will
pick up the premium and we will see to it that every one of you has
$250,000 of group life insurance.
Now, there are some good things in this bill, as I said. I want to
congratulate the chairman for leaning on DoD to send us a supplemental,
because we were sailing into the next year under the artificial
representation that we had enough money and we could move it around and
we could get to the next calendar year. We cannot do it.
But I do not think we should give the administration a blank check,
and, to a great extent, we have not done that; and I commend the
chairman for that. We have provided some line item specificity in title
15 of this bill. We have also, in response to the administration's
request for transfer authority, we said to them you can have transfer
authority for $3 billion, but not for $25 billion. All of that is an
improvement over the request.
But nobody should think that $25 billion is going to get us through
the year. We will be lucky if it takes us to March. That is because we
are spending $4 billion to $5 billion easily every month in Iraq; it is
not likely to go down. We are spending $700 million to $900 million
every month in Afghanistan; it is not likely to go down. We are
spending $500 million a month for Noble Eagle, United States air
defense and other things like that. It is close to $6 billion a month.
The arithmetic is easy, even on the back of an envelope. $6 billion
times 12 months is $72 billion. We have only provided $25 billion of
it. We could easily have another supplemental coming in 2005 of $50
billion.
That is why I want to remind everybody of the budget. It just so
happens we are going to have the defense bill back to back with the
budget; and let us keep in mind when the administration talks about
runaway spending, the increase in spending in the budget, that much of
it is occurring in the defense accounts. That is not to diminish or
damn the amount of money that is being spent there; it is essential.
But it also gets added into the calculation, and it is having an
impact.
If you look at current services for everything in the discretionary
budget and look at the spikes that are really standing out, what you
will find is that 90 to 95 percent of the increase in discretionary
spending over the last 4 fiscal years, every year has either been
defense, homeland security, and our response to 9/11.
Quickly, let me show you a chart that is almost too much to read from
this perspective. Basically, what we show here is the FYDP, the Future
Years Defense Program, run out of 10 years, when Mr. Bush came to
office was about $3.6 trillion in 2001. If you include what he has
added, plus the costs just through this year of Iraq, it is about $4.6
trillion. If you go back and make some reasonable adjustments for
policy changes in procurement and also add in the cost of Iraq and
Afghanistan after 2005, you are easily up to a $1.5 trillion increase
in spending.
Mr. Chairman, what I am saying is that we cannot forget the budget;
we cannot forget the deficit. It has a huge impact on the economy. The
economy is the first instrument of our national defense.
Secondly, sooner or later, if these costs keep running at this level,
we have got to turn to the American people and ask more than our troops
to share the sacrifice; we have to ask the American people to pick up
some of the
[[Page H3266]]
costs that we are running here for our defense and homeland security.
The bill has to be paid sooner or later, the day of reckoning is
coming, and we are only postponing it with the budget we will take up
after this bill is considered today.
Mr. HUNTER. Mr. Chairman, I yield 3 minutes to the gentleman from
California (Mr. McKeon), a very distinguished member of the committee.
Mr. McKEON. Mr. Chairman, I rise today in strong support of H.R.
4200, the National Defense Authorization Act For Fiscal Year 2005.
First, I would like to commend the gentleman from California
(Chairman Hunter) and the ranking member, the gentleman from Missouri
(Mr. Skelton), for their leadership in bringing this good bill to the
floor. The gentleman from California (Mr. Hunter) was referred to this
morning in our conference as the troop's chairman, and I think that is
exactly what he is; and he has brought a bill that is great for the
troops.
Mr. Chairman, hundreds of thousands of brave American soldiers,
including mothers, fathers, sisters and brothers, are fighting to
protect our freedom and liberty throughout the world; and we owe it to
them and to their families to pass this bill today.
The cornerstone of H.R. 4200 is the $2 billion plan to equip our
troops with the latest and most state-of-the-art safety equipment,
including body armor, armored Humvees, and armor add-on kits for thin-
skinned vehicles.
Many times the best and most innovative of these technologies are
developed by our Nation's small businesses who are able to produce
cutting-edge military equipment at a lower cost. That is why we have
included language in the bill to encourage the Department of Defense to
provide greater consideration to the advantages and innovations offered
by small business.
The bill also directs the Department to award more contracts to small
businesses through broader utilization of phase 3 of the Small Business
Innovative Research Program. I thank the gentleman from California
(Chairman Hunter), the gentleman from Pennsylvania (Chairman Weldon),
and the committee staff for working with me to include this language in
the bill.
I cannot overstate the strong impact that small businesses have on
the Department of Defense. Our country's small businesses are the
engines of American technological innovation, and they will
significantly enhance the ability of the American war fighter and help
save many lives.
Mr. Chairman, H.R. 4200 is a solid bill which focuses on protecting
our troops on the battlefield and strengthening our support for them at
home. It contains several other provisions that I support, including a
solid pay raise for our troops, increases in their hardship pay, and
elimination of their out-of-pocket expenses for housing, among other
things.
{time} 1530
This package is the least we could do for our brave men and women of
the Armed Forces who risk their lives every day to protect America and
our freedoms around the world. I urge all of my colleagues to vote
``yes'' on H.R. 4200.
Mr. SKELTON. Mr. Chairman, I yield 3\1/2\ minutes to the gentleman
from Mississippi (Mr. Taylor), the ranking member of the Subcommittee
on Projection Forces.
Mr. TAYLOR of Mississippi. Mr. Chairman, the young men and women who
serve in our Nation's Armed Forces are not Democrats, they are not
Republicans; they are Americans. And I am happy to say that I feel like
the package that was put together was not put together by Democrats or
Republicans, but by Americans who care about our Nation's defense. And
I think it does some very good things.
First and foremost, I would like to commend my colleague, the
gentleman from Colorado (Mr. Hefley) for his efforts in working with us
to delay the next round of base closures. As we have pointed out, we
are growing the Army. Almost everyone in the Army is spoken for. They
are either in Iraq, just got home from Iraq or getting ready to go to
Iraq.
This is a time of great uncertainty, and we do not need to further
complicate that uncertainty by closing bases with a number that was
artificially picked prior to September 11.
It is my understanding that there will be efforts to put the next
round of base closures back into the bill. I would encourage my
colleagues to vote against that. We have come to a very fair compromise
when people like me, who would just as soon do away with BRAC entirely,
and a level head like the gentleman from Colorado (Mr. Hefley) said, we
should delay it. And I support that delay.
We should continue to work and we continue to work on programs that
protect our troops. With things like up-armored Humvees, with things
like jammers to prevent improvised explosive devices from unnecessarily
taking the lives of young Americans. We have worked to provide
hazardous duty pay for those people whose primary military mission is
fire-fighting.
As my great colleague from Maryland has said, we have taken several
significant steps to help our Nation's Navy and shipbuilding programs
with three destroyers, a submarine, an amphibious cargo ship, an
amphibious assault ship for the Marine Corps, and the LHD, which is
also an amphibious assault ship for the Marine Corps.
We have taken steps to limit the amount of foreign flag vessels that
can be leased by our Nation's Navy. Again, my chairman, the gentleman
from Maryland (Mr. Bartlett) is doing a great job of trying to
revitalize American shipbuilding. We do not help that one bit when we
go out and lease foreign-flag vessels. They should be made here in our
country, instead of being built and leased from overseas.
We have worked, and again, I want to compliment all of my colleagues,
I think this passed unanimously, to fix the problem with the survivor
benefits program where the widows of the people who served in our
Nation's military were not given what they were promised. Their
retirement benefit was reduced by their Social Security. That should
not be the case and I commend everyone who worked on that, in
particular, my friend from Pensacola, Florida (Mr. Miller), who is a
sponsor of that amendment.
The last thing I would like to mention to my colleagues is, we are
indeed at war. Over 700 young Americans have lost their lives in Iraq.
More, including a great football player, have lost their lives in
Afghanistan; and we are truly blessed by every single person who
chooses to serve our Nation in its Armed Forces.
I would point out that in just a little while we will be having a
vote on the conference report to our Nation's budget. And I would like
to ask my colleagues, in addition to supporting this bill, to keep in
mind that those who are fortunate enough not to have to fight in this
war ought to, at the very least, be willing to pay for it now, not with
borrowed money and not with sticking future generations of Americans
with a bill that we are not willing to pay.
So I would encourage Members to vote for the defense authorization
bill. I would encourage Members to vote against bringing BRAC back into
this bill; and I would encourage Members to vote against the budget
that does not pay for this bill with today's dollars, but pays for this
bill with borrowed money that our children will have to pay.
Mr. HUNTER. Mr. Chairman, I want to thank the gentleman who just
spoke for his hard work on this bill.
Mr. Chairman, I yield 2 minutes to the gentleman from Indiana (Mr.
Chocola).
Mr. CHOCOLA. Mr. Chairman, I want to thank the chairman for yielding
me time and for his leadership on bringing this very important
legislation to the floor.
This legislation supports our American men and women in uniform and
it helps give them the tools to defend the freedoms that we all hold so
dear and to keep our country safe. Specifically, I want to thank the
chairman for his wisdom in investing $830 million approximately in
Humvee production.
Humvees are manufactured in my district in Mishawaka, Indiana, by AM
General. The men and women at AM General certainly do a tremendous job
in manufacturing this very effective tool in the war on terror. And the
investment in this production is certainly good for the 2,500 employees
at AM General, it is good for our local economy, but most importantly,
it provides a force protection tool for our soldiers that saves
American lives.
[[Page H3267]]
As an example, about a year ago I went to Bethesda Naval Hospital and
I met with a young Marine who had been injured in combat in Iraq. He
told the story of the Navy corpsman, after he was hit, that dragged him
to safety between two Humvees that were strategically placed in the
battlefield.
Just 2 weeks ago I met another Marine that had lost his right arm in
combat in Iraq. I flew to my district with the President, and as the
President stepped off the plane, the Marine shook his hand and told him
the story about how he owed his life to the fact that he was in an up-
armored Humvee when he was injured.
It is because of thousands of stories like this that I urge my
colleagues to support H.R. 4200, because it does exactly what it should
do. It provides our troops with the tools they need to win the war on
terror and supports them in their efforts so they can be successful.
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from
Arkansas (Mr. Snyder), the ranking member on the Subcommittee on Total
Force.
Mr. SNYDER. Mr. Chairman, I rise in support of this good bill. This
is a bill that will help the quality of life for both our service
members and their families. It is a bill for the troops. It is a bill
for their families.
I know that as a Nation and as a Congress we have ongoing
disagreements and discussions about our national security policy, about
Iraq, about issues all around the world; but while we are having that
debate and in this discussion, this bill was put together that I think
accounts for the unanimous support of the committee, 60 to zero, with
people who are on different sides of these many issues, because it is a
bill for the troops and their families.
I wish it could have been a better bill, and I think it could have
been a better process had we, as a House, today voted to let more than
100 Members have amendments on the floor that were denied the right to
be heard. But I do appreciate the work of the chairman of the
Subcommittee on Total Force, the gentleman from New York (Mr. McHugh)
as well as the gentleman from California (Mr. Hunter), the chairman of
the committee.
I know it is a good process when the chairman of the committee does
not win all of his amendments during the committee process this year. I
think we had a full and vigorous debate. Of course, I appreciate the
work of the gentleman from Missouri (Mr. Skelton), our ranking member.
It is a bill for the troops. It will provide a 3.5 percent pay raise
for the troops, which is a half percent more than the average private
sector pay increase. It also eliminates out-of-pocket housing costs for
service members and their families. It provides a permanent increase in
imminent danger pay and family separation allowance, as well as
increases the hardship duty pay from $300 to $750.
It includes providing active duty tuition assistance to Reservists
who are mobilized, and it also makes permanent the TRICARE coverage for
mobilized Reservists 90 days prior to activation and 180 days of
transitional assistance following their separation from service.
I was also glad to see the great work done by the committee on the
survivors benefits program. I would like to acknowledge two Members who
are not members of our committee, the gentleman from Florida (Mr.
Miller) who had the bill's sponsor to change the survivors benefit
program, and the gentleman from Texas (Mr. Edwards), a former member of
the committee, who also did good work on advocating on behalf of
changing that program. I think that will help a lot of spouses of
military retirees who have lost their mate. It is a very important
issue.
Finally, I want to say in conclusion, I do support this bill;
however, I think we should have allowed more time and had more
amendments. It is particularly distressing on a committee in which we
talk about our bipartisanship, that some of the most senior and
experienced members, such as the gentleman from South Carolina (Mr.
Spratt) and the gentleman from Missouri (Mr. Skelton) and his
recommendations for amendments were denied an opportunity.
We had a bipartisan amendment. The gentleman from North Carolina (Mr.
Price) and the gentleman from Connecticut (Mr. Shays), who had an
amendment, both senior Members, not of the committee but of this
Congress, were denied a right to be heard on the House floor today and
tomorrow on their amendment. It would have been a better process and a
better bill if that had gone forward.
But I do support the bill and urge other Members to do so also.
Mr. HUNTER. Mr. Chairman, I thank the gentleman from Arkansas (Mr.
Snyder) for his hard work on the bill.
Mr. Chairman, I yield 3\1/2\ minutes to the gentleman from North
Carolina (Mr. Hayes), a gentleman with a real heart for our soldiers.
Mr. HAYES. Mr. Chairman, I want to recognize my good friend, the
soldiers' chairman, the gentleman from California (Mr. Hunter) for
everything he has done to bring this bill together that supports our
troops.
I rise today in support of H.R. 4200, legislation we have crafted in
the Committee on Armed Services that focuses on force protection and
personnel benefits, designating 2005 as the Year of the Troops. For the
soldiers and airmen in my district at Fort Bragg and Pope Air Force
Base, the ability to adequately execute the mission for which they are
called and care for their families are the two issues that are second
to none.
I believe this legislation makes significant progress in these areas
and will enable our men and women in uniform to continue successfully
prosecuting the war on terrorism.
A trip to Iraq this past March, the second I have made, did nothing
but reinforce my pride in our Nation's warfighters. These brave men and
women served with honor and distinction as they liberated a nation.
Troops from the 8th district of North Carolina have been at the very
tip of the spear that ended the dark reign of Saddam Hussein and
continued to lead the way in postconflict resolution in Iraq and
Afghanistan.
This legislation, first and foremost, takes care of our most vital
asset, our military, our people. It provides every service member an
across-the-board 3.5 percent pay raise and increases the force
structure of the Army and Marine Corps. It also boosts the maximum
amount of hardship duty pay and eliminates out-of-pocket housing
expenses. Furthermore, it closes the gap that some deployed Reservists
and members of the National Guard face when their military pay is less
than their civilian pay.
It is the first time in history that steps have been taken to replace
income loss while Reservists are away from their civilian jobs.
Currently, about 3,500 members of the North Carolina Guard are deployed
in support of Operation Iraqi Freedom, the largest deployment in our
State's history. It is vital that we take every measure to care for
their families while they are away.
I am also happy the committee is urging the Department of Defense to
consider programs being proposed at the University of North Carolina
and others to help ease the hardship of these families and what they
face.
Additionally, I would like to mention the direct effect this
legislation will have for men and women at Fort Bragg and Pope. There
is almost $200 million for infrastructure and housing improvements at
these two installations. It includes $10 million more than was in the
President's request for a barracks complex at Fort Bragg. I worked hard
to secure this funding, along with others, because it will help improve
the living conditions of the 16th MP brigade, the unit that spent many
months in Iraq.
The National Defense Authorization Act addresses other critical
issues, fortifying the defense industrial base, ensuring the Department
of Defense purchases products that are made in America. My top two
priorities are national security and economic security. There is
seldom, if ever, a reason that these two goals should be considered
mutually exclusive. I have vowed to always work to protect and promote
the U.S. manufacturing industry, and we must develop transparency
within the DOD procurement process.
Providing visibility on the Berry amendment, which stipulates
domestic sourcing requirements, is crucial and is in this bill. This is
vital to protect our workers and our soldiers and our national
security, and it is just as important to protect our economic security
here at home.
[[Page H3268]]
The gentleman from California (Mr. Hunter) has worked so hard to
provide this, and I thank him again.
Mr. Chairman, this is a great bill. It supports our wonderful men and
women in uniform. I urge our most enthusiastic support.
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentlewoman from
California (Ms. Loretta Sanchez), a member of the Committee on Armed
Services.
Ms. LORETTA SANCHEZ of California. Tailhook, Aberdeen, Air Force
Academy rapes, rapes in the Pacific theater, rapes in the Iraqi
theater.
Mr. Chairman, I rise today to talk about what is not in this bill. A
sensible, conservative legislative initiative that would have made it
easier for the military to prosecute sexual assault offenses in the
armed services.
The majority prohibited me from offering an amendment that would have
made this vital change to the Uniform Code of Military Justice. It
would have replaced a woefully outdated statute currently being used by
the military to prosecute sexual assault with a version we use at the
Federal level, title 18, used also in 37 other States, that was
approved by this body 18 years ago.
The current military mechanism for prosecuting sexual assault was
written in the 1950s, and it really does not reflect today's reality.
My bill would have emphasized the acts of the perpetrator, rather than
the reaction of the victim during an assault, which is an all-too-
common complaint within the military justice system.
{time} 1545
It would have expressly provided for cases involving voluntary and
involuntary intoxication of the victim, which are common fact patterns
in military sexual assault cases.
It would have expanded the definition of sexual abuse to include a
broader scope of sex acts.
It would have also included a provision which specifically relates to
the sexual abuse of a prisoner, unlike the current UCMJ. This provision
is particularly timely given the tragic incidents which have occurred
in Abu Ghraib prison.
We are facing a sexual assault crisis within our armed services. Our
women and our men are being raped in Iraq. The Army currently has
investigations of 110 counts of sexual abuse in Iraq and Afghanistan.
Some say this is combat-related stress. Well, in March of this year,
the Air Force reported that it is investigating 92 reports of rape in
the Pacific. Those troops are not in combat.
In a report released by the Department of Defense just this week, it
was reported that across the Department of Defense there were 901
reported cases of rape in 2002 and over 1,000 in 2003. Now, I think
that is a problem, and the Pentagon obviously thinks it is a problem,
also.
So this would be an opportunity to make some positive changes on this
issue because it is our job as Members of Congress to provide oversight
of the executive departments of this Nation. It is our responsibility
to provide assurances to men and women in uniform that they are safe
and that when crimes are committed, our laws assure that justice will
be served.
I am disappointed that my amendment is not being considered today. I
think it is a disservice to the military men and women of our Nation.
Mr. HUNTER. Mr. Chairman, I yield 3 minutes to the gentleman from
Florida (Mr. Miller), the gentleman who is the author, the father of
this great benefit package for military survivors that was embedded in
this bill and is good news for hundreds of thousands of families.
Mr. MILLER of Florida. Mr. Chairman, I thank my chairman of the full
committee for the time; and, Mr. Chairman, I proudly rise today in
support of H.R. 4200, our National Defense Authorization Act of 2005.
As the chairman said, this legislation fully restores the survivor
benefit plan annuity to what was promised to America's surviving
spouses, and I applaud my Committee on Armed Services colleagues for
bringing a quarter of a million military widows and widowers one step
closer to seeing increases in their monthly checks next year. This is a
Defense authorization measure which this entire body can be proud of.
Since coming to Congress, I have been working on this issue of
particular interest, restoration of the minimum survivor benefit plan
basic annuity to 55 percent for those survivors aged 62 years of age
and older. Under present law, surviving spouses are subject to a
reduction to 35 percent as part of the initial SBP law that was enacted
in 1972, but this critical piece of information did not find its way
into military retirement briefings and to the SBP election forms until
many years later.
Here is a 1982 election form. Nowhere will my colleagues find in this
form the offset mentioned. Survivors have felt betrayed by this bait-
and-switch; and at 35 percent, SBP provides only a poverty-level or
lower annuity to most survivors, even those of relatively senior
officers.
For nearly 3 years, we have worked with members of the committee, my
colleagues on the Committee on Veterans' Affairs and numerous VSOs, to
introduce SBP bills that will bring the needed equity. Both bills that
I have introduced in Congress have received strong bipartisan support
with over 300 Members sponsoring one or both measures, and I am proud
that this committee has produced SBP reform that exceeds even my
greatest expectation.
H.R. 4200 will fully eliminate the so-called ``widow's tax'' by April
1, 2008, in under 5 years. I thank the gentleman from California (Mr.
Hunter) and the first rate Committee on Armed Services staff who
literally worked round the clock to make this happen.
Once again, our Nation is calling upon the members of the U.S. Armed
Forces to defend democracy and freedom. We have no doubt that these
brave men and women will rise to the challenge. However, for those who
have selected to make their career the U.S. military, they face an
unknown risk.
This giant leap forward sends a clear message to the men and women
who have provided our national defense. Today, we are a grateful
Nation, and this Congress is making good on our promises to our Armed
Forces. This battle has been hard fought, and its victory is shared by
so many whose efforts have been tireless and unrelenting.
I thank my colleagues who have stood by me to realize this victory.
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the distinguished
gentleman from Tennessee (Mr. Cooper), a member of our Committee on
Armed Services.
Mr. COOPER. Mr. Chairman, I thank my friend, the gentleman from
Missouri, for yielding me the time.
Mr. Chairman, unfortunately, we will not be allowed to debate the
true cost of this war. That is ironic because I think most Americans,
whether they are for or against the conflict, at least want honest
answers from this body. They want to know what the real casualty rate
is, something that, unfortunately, Secretary Wolfowitz could not recall
in a hearing the other day. They also want to know about the dollars
and cents.
In the first Iraq war, which I proudly supported, the American
taxpayer really did not have to pay even $10 billion for that war. This
cost is already approaching $200 billion. That is not necessarily a bad
thing because I think most Americans not only support the war; they
want us to win and bring our troops home safely.
Here with this bill, despite the many fine things that are in the
legislation, most every Member of this House, Republican or Democrat,
has already voted for a budget which contained $50 billion for our
troops, $50 billion, five zero billion dollars. But what is in this
bill? $25 billion dollars for the troops. Why the difference? Why the
difference?
Actually, the $25 billion is a partial victory, and I congratulate
the chairman because, before, the White House did not want any money in
the bill for the troops in Iraq or Afghanistan. They wanted that to be
handled entirely separately. So, finally, we have an acknowledgment of
$25 billion.
But is Iraq safer than it was a few months ago? Is that why the
number is less than the $50 billion that we have all already supported?
No. Iraq is more dangerous than it was before.
I am worried a false impression is being created here. There are many
good things in this legislation, but when it comes to funding Iraq and
Afghanistan, we are pretending with this
[[Page H3269]]
bill, and we are allowing no amendments to this section, we are
pretending that the cost is $25 billion.
This $25 billion is pretty curious because it really does not kick in
until October 1 of this fall, the new fiscal year; and then it will
last us a whopping 3 or 4 months, so that our men and women in uniform
in Iraq and Afghanistan are going to have to start worrying about
Christmastime whether the new Congress and a possible new White House
is going to be as supportive of their efforts. We know our troops are
going to be there. We know our troops are going to be there in large
numbers. Why do we not go ahead and properly fund them?
The current policy in this bill is as silly as knowing you are
running out of gas when you are on a long car trip, refusing to buy any
new gas until way down the road somewhere, about October, and then when
you finally get to the pump, you are buying $25 worth of gas when you
should be filling up the tank.
Mr. Chairman, this bill refuses to fill up the tank. It refuses to
fully fund our troops in Iraq and Afghanistan. It does fund them for 3
or 4 months; but that is a piecemeal, shortsighted funding scheme that
does a disservice to our men and women in uniform.
Mr. SKELTON. Mr. Chairman, may I inquire of the time remaining,
please.
The CHAIRMAN pro tempore (Mr. Camp). The gentleman from Missouri (Mr.
Skelton) has 27 minutes remaining. The gentleman from California (Mr.
Hunter) has 25 minutes remaining.
Mr. HUNTER. Mr. Chairman, I yield myself 2 minutes.
Let me just say in response to my colleague who has just spoken that
we did something that was unprecedented in this bill, which was look
into the future, into the last several months of this year, and decide
that, even though we all agreed and the budget chairman announced on
the floor and to the world that we were going to need supplementals of
$50 billion this next year, we decided that we did not want to have any
strain on the troops in the closing months of this year before
Congress, after the election, could put together another supplemental.
So we provided this bridge, which even the gentleman will admit
carries us well into the next year, into the next calendar year; and we
did fully provide for the additional forces that we have in the field,
the 1st Armored Division, which is going to be an additional $750,000.
For all of the armor upgrades, we have got roughly $1 billion for armor
upgrades in Humvees and trucks, for all of the modernization that the
chief of staff of the Army needs for modularity, that is, building this
new brigade centric force for the U.S. Army.
The reason we do not go off into the new year and say, okay, should
it be $50 billion, should it be $75 billion is very simple. We cannot
see the future. We do not know how much weight this new Iraqi military
is going to be able to take on their shoulders, how fast we are going
to be able to make this handoff; and all of those things drive the
costs of operation. But this takes good care of the troops for a long
period of time during this bridge period; and that is the reason we did
it, to give the troops confidence.
It is above and beyond the $422 billion bill that we have. I think,
Mr. Chairman, it does a good job in looking out for the troops.
Mr. Chairman, I yield 3 minutes to the gentleman from Pennsylvania
(Mr. Weldon), the chairman of the Subcommittee on Tactical Air and Land
Forces, whose subcommittee oversees the most massive part of
modernization and our biggest programs for aircraft and land systems,
who has done a great job working this issue.
(Mr. WELDON of Pennsylvania asked and was given permission to revise
and extend his remarks.)
Mr. WELDON of Pennsylvania. Mr. Chairman, I want to thank our
chairman of the committee for an outstanding bill. I think it is one of
the best Defense bills since I have been in Washington in 18 years, and
I want to also thank the distinguished ranking member who is one of the
finest gentlemen in this Congress and someone that both the chairman
and I are proud to serve with.
I tell my colleagues that the chairman is correct. This bill is for
the soldier. It directly deals with the issues that our soldiers are
experiencing and the problems and challenges they are experiencing in
the Iraq and Afghan theater, and it provides an aggressive and
appropriate response.
In fact, we are proud of the fact that under our chairman's
leadership we have had almost every member of the committee visit Iraq
and Afghanistan to interact with our troops so that we did not base our
own decisions in a vacuum on what was told to us by our military
leaders; but rather, we went over and we talked to the troops. We
interacted with them in a firsthand way and then came to terms with the
President's budget request and what we thought was needed.
We increased funding just within my subcommittee's jurisdiction by
$4.3 billion for additional programs and modernization. That includes
$700 million of additional money for up-armored Humvees. It includes
additional money for improvised explosive devices, for UAVs, for
personal protection, for surveillance, for the Predator and the Shadow,
for the Bradley fighting vehicle modernization, for Hellfire missiles;
and across the board we provide the funding that we know our troops
need.
The gentleman referred to a shortfall. I can tell my colleagues,
after we got the President's budget, we asked the services, what are
your unfunded priorities. The total amount of unfunded priorities, as
given to us by the service chiefs, was $12 billion. We more than
compensated for the unfunded priorities and look forward to what the
costs are going to be to continue our presence in Iraq and Afghanistan,
and we took care of that because of the vision of our chairman and our
ranking member in working together.
Now, we are going to have to come back and ask for additional
dollars, yes; but this bill does a more than adequate job to take care
of the needs that we have identified and that our service chiefs have
identified, but it goes beyond that.
We specify in this bill that any modernization must also be given to
our Guard and Reserve units based on their being deployed in the
theater. So the new equipment we buy will not just go to our active
duty forces; but under this legislation, it will go to Guard and
Reserve units who have been serving over there and who need the latest
state-of-the-art equipment. But we even go further than this.
We deal with some tough issues. We deal with the issue of
outsourcing. Under the chairman's leadership, starting last year, we
put money into a fund to come up with innovative ways to have
manufacturing components done here in the U.S. as opposed to overseas.
{time} 1600
This year, we added $50 million of additional money to that pot. And
we have challenged our companies to work with labor unions so that when
they contemplate outsourcing 10 or more jobs, we have a financial
mechanism in place to bring labor and management together to find
common solutions that will allow that company to reduce costs and keep
those potential outsourced jobs right here in America.
So this bill covers a lot of territory. It is good legislation, and I
encourage my colleagues to accept it and vote for it.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Texas (Ms. Jackson-Lee).
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. Mr. Chairman, the evidence of the unity of
the Committee on Armed Services presents itself in unanimous support of
this committee on this bill. I thank the gentleman from Missouri (Mr.
Skelton) and the chairman, the gentleman from California (Mr. Hunter),
as well, for collaborating at that level. And I guess I rise today
simply to be united behind our troops, but I do offer my concerns.
I had an amendment that would direct the Department of Defense to
award a contract to an independent phone bank for tending to rape and
sexual assault victims in a confidential manner within 3 months of
enactment of this bill. It was needed and not made in order.
My second amendment would have directed the Department of Defense to
conduct a full review into the situations women are placed in within
the
[[Page H3270]]
Armed Forces. The review would specifically focus on the intimidation
many women feel they may face in the Armed Forces in relation to
higher-ranking male officers, who often place female subordinates in
compromising situations. But, likewise, it would discuss, of course,
some of the issues that we see in Iraq.
But today I rise to say singularly that my vote will be offered to
provide the kind of funding that we see in this bill for the troops,
the $705 million for up-armored Humvees, the $332 million for ballistic
armor for other Humvees, and, yes, the over $104 billion for military
personnel, in particular the dollars that we will have for Iraq and
Afghanistan. There is a great need.
America, however, needs to be told the truth. And as I stand here,
united with our troops, I demand and call for the accountability of
those who are responsible for the incidents and the activities in the
Iraqi prison and the other collapse of the Iraqi effort.
I want victory in Iraq and in Afghanistan as well. I want democracy
and security in Afghanistan and Iraq. And I want our troops to be safe,
I want other veterans to be safe, I want their widows and families to
be safe. We are unified behind that.
But I see no reason to continue with the leadership of Secretary
Rumsfeld. We must hold the higher ranking accountable.
Today, I stand with the troops in support of this legislation.
I rise today with grave concerns in regards to the deficiencies of
this National Defense Authorization Act. It is truly unfortunate that
the brave men and women of our Armed Forces are fighting around the
world while the Department of Defense is in the current state it is in.
Leadership must be accountable for the actions of the Armed Forces; the
unfortunate events taking place in Iraq have caused our Nation
irreparable harm.
congresswoman jackson-lee's amendments
I am most disappointed with the decision of the Rules Committee not
to make my amendments in order. I can find no real substantive or
procedural reason why my two Amendments would be ruled out of order.
Unfortunately, there is no substitute to this National Defense
Authorization Act; therefore there is a greater need for appropriate
amendments. My two amendments would have addressed two glaring issues
that continue to trouble members of our Armed Forces.
My first amendment would direct the Department of Defense to award a
contract to an independent phone bank for tending to rape and sexual
assault victims in a confidential manner within 3 months of its
enactment. That phone bank would be required to have the expertise and
training programs in place to allow operators to cope with unique
situations arising from sexual abuse in the military context. This
phone bank would be open to members of the Armed Forces and their
families. I hope we all understand the devastation caused by rape and
sexual assault. However, what we fail to recognize is the fact that
members of the Armed Forces and their families are in a unique
situation that is not faced by other Americans. Because of this fact it
is imperative members of the Armed Forces and their families have an
outlet to receive counseling and advice for issues related to rape and
sexual assault without the fear that their report might be sent to
their superiors in the Armed Forces without their consent.
My second amendment would have directed the Department of Defense to
conduct a full review into the situations women are placed in within
the Armed Forces. This review would specifically focus on the
intimidation many women in the Armed Forces may face in relation to
higher ranking male officers who often place female subordinates in
compromising situations. Also, to have been addressed specifically by
the review are the delicate situations women in the Armed Forces are
placed in when stationed abroad especially when in relation to direct
contact with enemy combatants and prisoners. The Department of Defense
would then report the full findings of this review and appropriate
remedies to the problem within 6 months to the Senate and House Armed
Services Committees. I feel strongly that such a review is necessary
after the recent torture scandal that took place in Iraq. It has become
obvious that women stationed abroad in Iraq were not placed in proper
situations. Pfc. Lynndie England, who is accused of being involved in
the torture and humiliation of Iraqi prisoners, says that her actions
were forced by her superiors in the military. I will not pass judgment
on Pfc. England until her court-martial has taken place, but what I do
know is that it is entirely possible that she was intimidated.
Furthermore, why were female soldiers guarding Iraqis in a prison when
we know that it would be deeply offensive to the Iraqi public to do so?
I am not saying that women should not be serving in Iraq, what I am
stating is that women in Iraq shouldn't be placed in precarious
situations which are not advantageous to them or to the mission we are
hoping to accomplish in Iraq. The Department of Defense needs to
conduct this review because no member of the Armed Forces should be
intimidated into taking actions that they know to be wrong. It must be
clear to everyone in this body that this review is necessary in light
of recent events that have unfortunately placed women in the Armed
Forces in a bad light.
iraq torture scandal
I have great consternation with the fact that this Defense
Authorization does nothing to address the prison situation that led to
the Iraq torture scandal. The court-martial of a few enlisted soldiers
will not solve a problem that is endemic. There are many steps to be
taken to make sure that our men and women of the Armed Forces are not
being put in uncertain situations. It must be obvious to all Members of
this body that we need a proper system of jails to hold Iraqi prisoners
and appropriate training of our soldiers to guard these prisoners.
I was pleased to see that Representative Abercrombie's language on
independent contractors was added to this Authorization. It has become
painstakingly clear that the Pentagon has no control on the number of
activities of independent contractors in Iraq. Apart from their own
safety, which we cannot guarantee, independent contractors have been
involved in a number of dubious situations which have placed further
undue burden on our Armed Forces.
The recent events in Iraq have made it even more painfully clear to
me that this Administration has no real exit plan from Iraq. The truth
is that this war was poorly planned from the start and the recent
torture scandal has only furthered that thought. This authorization
addresses a number of issues affecting our Armed Forces, but it does
not properly address the needs of our Armed Forces who are still
stationed in Iraq.
missile defense
It is truly unfortunate to that this Defense Authorization continues
this Administration's policy of having misplaced priorities. Instead of
directing more money for proper planning in Iraq, or for greater
protection equipment for our troops, or maybe for greater pay raises
for our troops; this Administration has decided to budget $10.2 billion
for missile defense next year--twice the request for any other weapons
system. Missile defense systems are not new, in fact they have been
discussed for decades. The truth is that missile defense systems have
proven to be overly complex, unreliable, and often been little more
than pipe dreams. Why in good conscience, in this time of budget
constraints and increased need, would we allocate even more money for
failed programs? There are more responsible ways to budget this money.
Money from the Defense Authorization should go to our men and women in
the Armed Forces who actually defend our Nation instead of into
programs that just waste needed funds.
spratt amendment
It is sad to see that so many relevant and necessary amendments to
this Defense Authorization were not ruled in order. Perhaps the most
relevant amendment was that submitted by my distinguished colleague,
Representative Spratt. His amendment would have provided $414.4 million
for targeted pay raises, reimbursement of life insurance premiums for
service members that are in imminent danger, 3 Marine Corps' troop
protection unfunded requirements, and improvements to the PAC-3
ballistic missile defense system. These necessary defense budget items
would have been offset by targeted cuts to 4 ballistic missile defense
program elements, the Ground-based Midcourse Defense system, BMD
Products, BMD Technology, and the BMD Systems Interceptor.
Representative Spratt has found a very reasonable compromise that still
results in Ballistic Missile Defense programs receiving an increase in
funding over the 2004 level. It is truly unfortunate that such a
pertinent amendment was not ruled in order and debated by this entire
body. When the amendment process is compromised like it has been here
then the legislative process suffers and unfortunately that means our
Armed Forces will suffer as a result of this Defense Authorization.
I hope in the future that such significant legislation as this will
involve the debate and full consideration of all necessary and relevant
amendments. The men and women of our Armed Forces and indeed the
American people as a whole deserve as much.
Amendment to H.R. 4200, as Reported
Offered by Ms. Jackson-Lee of Texas
At the end of title V (page 200, after line 24), insert the
following new section:
[[Page H3271]]
SEC. __. CONTRACT FOR INDEPENDENT TELEPHONE BANK FOR TENDING
TO RAPE AND SEXUAL ASSAULT VICTIMS IN THE
MILITARY CONTEXT.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall award a contract for
the establishment of a telephone bank, operated independently
from the Department of Defense, for counseling of members of
the Armed Forces, and family members of members of Armed
Forces, who are victims of rape, sexual assault, or other
forms of sexual abuse. The contract shall require that such
counseling be provided on a confidential basis and that the
entity awarded the contract have expertise and training
programs in place to allow operators to cope with unique
situations arising from sexual abuse in the military context.
____
Amendment to H.R. 4200, as Reported
Offered by Ms. Jackson-Lee of Texas
At the end of title V (page 200, after line 24), insert the
following new section:
SEC. __. REVIEW OF SITUATIONS IN WHICH WOMEN IN THE ARMED
FORCES ARE PLACED WHILE SERVING IN THE ARMED
FORCES.
(a) Review.--The Secretary of Defense shall conduct a full
review into the situations women in the Armed Forces are
placed in within the Armed Forces. The review shall
specifically address--
(1) the intimidation many women in the Armed Forces face in
relation to higher ranking male officers who often place
female subordinates in compromising situations; and
(2) the delicate situations women in the Armed Forces are
placed in when stationed abroad, especially in relation to
direct contact with enemy combatants and prisoners.
(b) Report.--The Secretary of Defense shall submit a report
on the review under subsection (a) to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives not later than 180 days after
the date of the enactment of this Act. The report shall set
forth the full findings of the review and appropriate
remedies to problems identified in the review.
Mr. HUNTER. Mr. Chairman, I yield 4 minutes to the gentleman from New
York (Mr. McHugh), who chairs the Subcommittee on Total Force, which
oversees the 2.5 million Americans in uniform.
Mr. McHUGH. Mr. Chairman, I thank the gentleman, the distinguished
chairman of the committee, for yielding me this time, and it is with
great honor and pride that I rise today.
Mr. Chairman, as always, I express my deep appreciation to the
chairman, the gentleman from California (Mr. Hunter), and of course to
the ranking member, my dear friend for whom I hold so much respect, the
gentleman from Missouri (Mr. Skelton), and also my partner on the
Subcommittee on Total Force, the gentleman from Arkansas (Mr. Snyder),
for their support, their great leadership in this effort.
As we have heard, Mr. Chairman, time and time again, the chairman of
the full committee challenged all of us to make this the Year of the
Soldier. Those of us on the Subcommittee on Total Force try to make
every day the Year of the Soldier, but I think even by that normal
standard this subcommittee has done an outstanding job on both sides of
the aisle of bringing together a package of benefits and of responses
to the challenges facing our men and women in uniform that go that
extra step further, as they are for us.
The chairman spoke earlier about that 30,000 increase in total end
strength for the Army and 9,000 for the Marines, placing valuable,
much-needed troops on the ground in those places like Afghanistan, like
Iraq, and, in turn, lessening the burden on the troops back home
awaiting their next rotation or on the Reserve component.
We talked about the 3.5 percent pay increase. This is now the sixth
consecutive year in which we have provided a pay increase. This
particular 3.5 percent exceeds that of the private sector and reduces
the gap that we have been struggling to close between the private
sector and military from 5.5 to 5.1 percent. We increased the wartime
pay, the imminent danger pay, and family separation allowances that our
brave men and women in those theaters of war deserve. We added to
those.
The Reserve component is not left behind either. It is very, very
valuable. I heard my dear friend and colleague, the gentleman from
California (Mr. Lantos), earlier speak about the need to ensure that
those Reservists who find themselves financially stressed are in a
position to have their incomes supplemented. In this bill, Mr.
Chairman, for the first time in history, we propose and, in fact, do
that, from $50,000 to $3,000 a month in added income to those Guards
and Reservists who are deployed repeatedly and for extended periods of
time. It is the right thing to do and the right time to do it.
I would like to address the comments of the gentlewoman from
California (Ms. Loretta Sanchez), and she has been a leader on this
subcommittee and a leader in the House with respect to issues of sexual
harassment, sexual abuse and rape; and I commend her for her
leadership. But we want most of all to be sure that any change in the
Uniform Code of Military Justice is done appropriately and done in a
way that ensures better not fewer protections for the victim.
And in this bill we require a report from the Department of Defense.
We are going to move on that issue. Yesterday, I met with the Deputy
Secretary for Personnel, Dr. David Chu, on this very issue. I told him
that this subcommittee, Democrat and Republican alike, is committed to
reforming and updating the rules and regulations in the UCMJ with
respect to sexual harassment and rape, and told him that we wanted him
to be a partner.
But with him or without him, with or without the Department and the
services, we were going to make the changes that the gentlewoman has
discussed. This is far too important an issue to do in a hurried
manner, and I certainly look forward to the gentlewoman's being a
continued leader in that effort.
In short, Mr. Chairman, I would just say that this Subcommittee on
Total Force has worked magnificently to respond to probably the
greatest asset this Nation has today in the war on terror. And, without
question, the greatest asset this Nation has ever had, since our
founding back in 1776, is our men and women in uniform.
This is a great bill, and I urge all my colleagues to support its
passage.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from North Carolina (Mr. Price).
Mr. PRICE of North Carolina. Mr. Chairman, I want to thank the
ranking member for yielding me this time, and to commend him and the
chairman for the hard work they have done on this legislation.
I fear, however, Mr. Chairman, that my brief contribution to this
debate today must concern one of the bill's serious omissions. The
gentleman from Connecticut (Mr. Shays) and I drafted a bipartisan
amendment that would have addressed the fact that, because of loopholes
in current law, contractors in Iraq are operating in a legal fog where
they are not accountable to Iraqi laws, to U.S. laws, or to laws
governing our troops. The contractors working in Iraq are not
comfortable with this, and we should not be comfortable with it either.
Our amendment would have fixed this problem by closing loopholes in
the Military Extraterritorial Jurisdiction Act, MEJA, so that
contractors and subcontractors in Iraq and elsewhere would be
accountable under the law, and the Department of Defense would have a
clear responsibility to place violators of the law before the
appropriate bar of justice.
Our amendment had the support of the contractors themselves. The
Parliamentarian had ruled it germane. It had strong bipartisan support
and would have almost certainly passed, and yet we were not allowed to
present this amendment before this body today for a vote.
Mr. Chairman, this issue is too important for this Congress to do
nothing. The gentleman from Connecticut and I have just introduced our
amendment as a stand-alone bill. We welcome the support of colleagues,
and we hope that the House leadership will not pass up this second
chance to do the right thing.
Mr. HUNTER. Mr. Chairman, I yield 2 minutes to the gentleman from
Texas (Mr. Neugebauer).
Mr. NEUGEBAUER. Mr. Chairman, I want to thank the chairman for
working with me in adding $100 million to add 10 additional B-1
bombers. As my colleagues know, the B-1 played a very major role in
Iraq and Afghanistan, and the B-1s from Dyess Air Force Base were an
integral part of that mission.
Mr. HUNTER. Mr. Chairman, will the gentleman yield?
Mr. NEUGEBAUER. I yield to the gentleman from California.
[[Page H3272]]
Mr. HUNTER. Mr. Chairman, I want to thank the gentleman for his hard
work and his urging that we try to retrieve an additional 10 B-1
bombers. We now have 67.
The Air Force was going to cut that down to 60. We moved it back up
where we retrieved seven of the bombers that were going basically into
the bone yard, and the gentleman worked hard with myself and other
members of the committee to make sure we retrieved an additional 10
bombers. So we are taking the B-1 up to 77 bombers.
That B-1 has been a great asset for the projection of power for the
United States. It has got great speed, it can hold a tremendous
payload, and it can literally put a precision munition right through a
goalpost. In fact, we went after Saddam Hussein early on in the war in
Iraq with the B-1 bomber.
So the gentleman has been a champion of the B-1. I want to thank him
for that, and I hope he is here with me when we roll out those
additional 10 that we are bringing back from retirement.
Mr. NEUGEBAUER. Reclaiming my time, Mr. Chairman, I look forward to
that day.
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentlewoman from
California (Mrs. Davis), a member of the Committee on Armed Services.
Mrs. DAVIS of California. Mr. Chairman, I thank the gentleman for
yielding me this time, and I rise in support of this bill.
This bill contains important provisions for our troops, including a
well-deserved pay raise and additional force protection equipment. I
would like to thank my colleague from San Diego, the distinguished
chairman of the committee, for resisting calls from the Defense
Department to grant further relief from important environmental laws.
Despite the great provisions in this legislation, some serious
questions remain, and I will address one.
If you ask the Defense Department today to tell you the number of
contractor personnel serving in Iraq, you will get a shrug. That
represents a fundamental area of concern. The events in Fallujah and
the images of Abu Ghraib remind us of the role that contractor
personnel play and how their actions can affect the military mission.
We must come to terms with contractor participation and performance
on the battlefield. The questions that must be answered include: Why
are so many contractors being used in Iraq and other places? Does
anyone really know how many are present? Who is responsible for
ensuring contractors are properly trained and qualified? And to whom
are the various contractors accountable? Are they providing security
for the military, or is it the other way around?
This bill authorizes an additional $25 billion for operations in
fiscal year 2005, a figure that should have been included in the
President's budget request. So before this Congress approves additional
funding, we must come to terms with money being spent on contractor
personnel.
Mr. Chairman, lives are at stake.
Mr. HUNTER. Mr. Chairman, I yield myself 1 minute to thank the
gentlewoman who just spoke, my seatmate in California, to say something
about contractors.
God bless our contractors. The last figure I saw was that the
contractors for Halliburton, who have to run Ambush Alley, bringing our
convoys, bringing food to the troops up through the heart of the
insurgency country in Iraq, have now lost 34 of their personnel, killed
in action supplying American troops.
We have always had lots of contractors for the very simple reason
that for every troop you have out there with a rifle, you need roughly
10 people to support him down the supply line; and a lot of those
people have always been contractors. We have had them in all theaters
of the war in this last century and, obviously, in Afghanistan and
Iraq.
The four individuals who were killed in Fallujah were American
heroes, and they were trying to advance the American cause with every
bit as pure a heart and sense of honor, in fact, as mostly former
military personnel, as any of our people in the United States Marine
Corps or Army in that area of operation.
So I think that we should appreciate our contractors perhaps more
than has been noted on the House floor.
Mr. Chairman, I yield 2 minutes to the distinguished gentleman from
South Carolina (Mr. Wilson), a very good member of the committee.
{time} 1615
Mr. WILSON of South Carolina. Mr. Chairman, I would like to thank the
gentleman from California for his leadership, and the ranking member,
the gentleman from Missouri (Mr. Skelton), for his participation in
crafting a wonderful bill, H.R. 4200.
I had an opportunity last fall to accompany the gentleman from
Missouri (Mr. Skelton) to Iraq, and I saw firsthand the courage of our
troops and the difference they are making in winning the war against
terror and protecting American families.
I also had an opportunity last year of concluding 31 years' service
with the Army National Guard, and I now have two sons serving in the
Army National Guard, including one son deployed in Iraq; so this bill
has a great deal of meaning to me because of the improvements of the
statutes providing for benefits for those who serve in the Guard and
Reserves.
These benefits are going to be so meaningful for troops who are
protecting our country and are mobilized at this time. First of all,
there is the provision for new reenlistment and retention bonuses. As
we face future crises, the Guard and Reserve will have that increased
protection.
Income supplement is an issue I worked very hard on for 25 years,
premobilization and legal counseling; and the greatest concern I saw
were the sacrifices that many of our young people made where they had a
reduction in income. This will be addressed in this bill. It will be so
beneficial to families.
Finally, there is the provision for TRICARE health benefits to be
provided for National Guard members and Reservists, and I also thank
the chairman for including wording that will provide for the
establishment of State defense forces. In South Carolina, we have the
South Carolina State Guard. These are volunteers, unpaid like civil
defense forces, who stand in to protect our people when there has been
deployment of National Guard troops.
Mr. Chairman, I thank the gentleman from California (Mr. Hunter) for
ensuring our troops have the resources needed to fight the war on
terror to protect American families. I urge my colleagues to support
H.R. 4200.
Mr. SKELTON. Mr. Chairman, I yield 5 minutes to the gentleman from
Massachusetts (Mr. Meehan), the ranking member on the Subcommittee on
Terrorism and Unconventional Threats and Capabilities.
Mr. MEEHAN. Mr. Chairman, I thank the gentleman for yielding me this
time and for his service on this committee. I also recognize the
gentleman from California (Mr. Hunter) for his service and the way that
he conducted the hearings on this mark in a very bipartisan way,
affording an opportunity for all Members to speak out. In fact, my
recollection is the chairman even came down on the shortened of a vote
which I have not seen in quite some time. I am sure the gentleman will
fix that in the other body. I thank the gentleman for his service.
As a ranking member of the Subcommittee on Terrorism and
Unconventional Threats, I believe the product before us today is, on
the whole, a solid proposal. This committee pledged to make this year
the Year of the Soldier, and I think we made great strides in achieving
that goal. We have a well-deserved pay raise for our troops. I am
pleased that this legislation authorizes critical force protection
resources, including $329 million for up-armoring Humvees, $358 million
for add-on armor kits, and $421 million for interceptor body armor.
This fulfills all of the shortfalls, including on the Army's unfunded
requirements list, which I am disappointed that the administration
failed to request. The committee has also included language that I put
forward requiring the Department of Defense to report to Congress on
the lessons learned from its failure to expeditiously field protective
equipment to our troops in Iraq. And we have expressed a sense of
Congress urging the Department to release all appropriated
[[Page H3273]]
funds to armor thin-skinned Humvees as soon as possible.
We are a Nation at war, and we cannot shortchange our troops by
leaving them defenseless in the theater. I am proud that this committee
has stepped forward and authorized important resources to support our
ongoing military operations in Iraq and Afghanistan, despite the
administration's failure to include much of this funding in its annual
budget. But I also strongly support efforts to authorize $67 billion to
take us through the end of fiscal year 2005 instead of the end of this
calendar year.
Additionally, I am pleased that my colleagues recognized the need to
address the gaping holes in the oversight of civilian contractors hired
by the Department of Defense in the face of human rights abuses in Abu
Ghraib prison.
Our committee approved an amendment offered by the gentleman from
Hawaii (Mr. Abercrombie) to require the Department to report to
Congress on the activities of contractors in Iraq. We also included my
proposal on directing the Department to issue guidance for training
contractors in the Geneva Conventions and international laws of war.
Finally, the bill makes important quality-of-life improvements for
our troops and for our veterans. I applaud the committee for finally
ending the survivors benefit penalty. I am also encouraged that the
bill addresses many of the inequities in benefits for our Reserve
component, from eliminating the $5,000 cap on reenlistment bonuses, to
removing restrictions on Reservists from accessing tuition assistance,
as included in an amendment which I offered.
With respect to the terrorism subcommittee's mark, several of the
provisions in this portion of the bill deserve praise. First, I am
pleased we included a number of recommendations to streamline and
accelerate the development and acquisition of technologies to combat
terrorism. Additional resources are provided in a number of areas,
including chemical and biological research and important detection
initiatives.
The committee also honored a request by the gentleman from Texas (Mr.
Turner) and me to improve the manner in which we develop and acquire
medical countermeasures against biological warfare agents.
Finally, I cannot say I support every provision in this authorization
bill. I remain concerned about cuts to DARPA and several information
technology programs, as well as the committee's failure to include
several important nonproliferation provisions which I believe are key
to winning the global war on terrorism.
I hope that we can at least have an honest debate on these issues
another day. With that said, legislating is the art of compromise, and
I believe the product before us will boost our troops and our war-
fighting capabilities. Therefore, Mr. Chairman, I ask my colleagues to
join me in supporting its final approval.
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from
Vermont (Mr. Sanders).
Mr. SANDERS. Mr. Chairman, I thank the gentleman for yielding me this
time and applaud the gentleman for all the good work he is doing for
the United States.
Mr. Chairman, no Member in this body disagrees that so long as our
troops remain in Iraq, they should have the resources they need in
order to protect their lives. We have not done well in this area up to
this point, and we must do better.
Further, in my judgment, the Bush administration has done a terrible
job in keeping faith with our veterans. This bill makes a start in
improving that situation, but we have a very long way to go in that
area, especially with regard to veterans health care.
Mr. Chairman, there are a lot of good things in this bill, and there
are in my view portions of this bill that are not good and that are
very wasteful of taxpayer money.
Most importantly, however, is what is lacking in this legislation,
and that is there is no demand in this bill for the President to
provide us with an exit strategy from Iraq, a timetable as to how we
can get out. Since the war in Iraq began, we have lost 790 men and
women, over 4,500 have been wounded; and we are spending billions every
month.
Meanwhile, anti-American feelings are growing throughout the Muslim
world, breeding more potential terrorists, and we are becoming
increasingly isolated from our long-term allies. Significantly, in a
recent U.S. Government-sponsored poll, 82 percent of the Iraqi people
indicated that they now disapprove of the U.S. and allied military
being in their country; 82 percent disapprove. The war in Iraq, in my
view, is not helping us in the very difficult struggle against
international terrorism. In many ways, it is making a bad situation
worse.
The time is long overdue for President Bush to develop an exit
strategy as to when the Iraqi people will really be allowed to govern
themselves. It is not good enough for the U.S. to install Iraqi
figureheads who do not have the support or confidence of the Iraqi
people. The President must also tell us when the U.N. and the
international community will be helping rebuild Iraq. That should not
only be the burden of our soldiers and our taxpayers. President Bush
must do all that he can to internationalize the transition situation.
Lastly, Mr. Chairman, and most importantly, the President must begin
to tell us when American troops will begin coming home. We have lost
790 men and women already, 4,500 have been wounded, many thousands of
Iraqi men, women and children are dead. We need an exit strategy to get
our troops home as soon as feasible.
Mr. HUNTER. Mr. Chairman, I yield 2 minutes to the gentleman from
Indiana (Mr. Pence), who has worked so hard on the chem-bio protection
issues.
(Mr. PENCE asked and was given permission to revise and extend his
remarks.)
Mr. PENCE. Mr. Chairman, I thank the gentleman for yielding me this
time.
To provide for the common defense is the first object of the Federal
Government. I rise today in strong support of the National Defense
Authorization Act because it meets that objective.
This legislation with its principal focus on the American soldier
earns the gentleman from California (Mr. Hunter) the well-deserved
title Soldier's Chairman, which I believe will stick.
American soldiers with the help of coalition forces have accomplished
extraordinary things in recent days, liberated 50 million people in
Iraq and Afghanistan, captured and imprisoned a brutal dictator,
deposed an evil regime, and American soldiers have carried out hundreds
of raids, seizing caches of enemy weapons and munitions, including
ominously this week, weapons of mass destruction that were found in
Iraq in the form of munitions containing mustard gas and sarin gas.
It is precisely this discovery, as the chairman attests, that
concerns me and most Members of Congress most deeply, for the well-
being of our men and women in uniform in the theater of operation in
Iraq.
I am pleased to say that H.R. 4200 provides an extraordinary amount
of resources in the form of force protection: $1.5 billion for chemical
and biological defense programs, individual protection, decontamination
equipment, chemical and biological protective shelters, just to name a
few.
We have most certainly now found weapons of mass destruction in Iraq,
and the nature of the munitions we have found suggest there are more
stockpiles yet to be uncovered. And putting a primacy on achieving our
objective of securing the peace in Iraq must remain our fervent goal;
but beyond that, protecting our forces in that theater of operation
from exposure to these weapons of mass destruction is key, and the new
National Defense Authorization Act achieves that goal. I am grateful
for the chairman; I am grateful for every member of the committee on
both sides of the aisle for creating this extraordinary legislation.
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from
Oregon (Mr. DeFazio).
Mr. DeFAZIO. Mr. Chairman, there are many good parts of this bill,
such as those that relate to pay and benefits, particularly a quality
for National Guard reenlistees and others. There are some necessary,
long-overdue basics for the troops, armored Humvees among others. But I
rise to raise another issue
[[Page H3274]]
which is of extraordinary importance, and hopefully I can get some
agreement to resolve this problem.
{time} 1630
We do not have a draft in the United States of America. We have a
great all-volunteer military. Unfortunately, there are two aspects to
that. One I tried to address with an amendment which was not allowed
which is what are called ``stop-loss orders.'' Many people in the
military today are being forced to serve beyond the terms of their
contract under stop-loss orders with no compensation. I think minimally
they should be compensated. But today in the Portland Oregonian, page
one, we have a story which is now breaking that faulty orders were sent
out by the Army last month which told people in the Individual Ready
Reserve if they did not choose a branch and reenlist that the military
would choose soon a branch and mandatorily reenlist them. They now
admit that this order was a mistake. Here is a quote from one veteran:
``I started crying and said, `I'm not doing this,' '' said Carissa
Jenkins, 22, of Keizer who was discharged from active Army duty in
January 2003. ``I have a baby, a husband. All my values have changed.''
She said she joined the National Guard last week to keep from going
back into the regular Army. It is reported that in Oregon alone,
enlistments were up by a factor of 1,000 percent for the month. Nothing
else explains it except that these people were being told they were
about to be drafted back into the military. And nationally, over 1,063
inactive Army Reservists signed up under these false pretenses.
I would ask that these reenlistments, which were done under color of
faulty orders, be abrogated by the Secretary of Defense. I would hope
that the two gentlemen on the floor here would join me. If these
soldiers want to sign up of their own free will without a draft,
without faulty orders, then certainly they should be allowed to do
that. But this woman and a number of others are saying, no, they did
not want to go back onto active duty, they did not want to go back into
active guard status, but they did it because they were told if they did
not do that that the Army was going to do it to them.
Is the chairman of the committee familiar with this situation?
Mr. HUNTER. Mr. Chairman, will the gentleman yield?
Mr. DeFAZIO. I yield to the gentleman from California.
Mr. HUNTER. Mr. Chairman, I would just say to the gentleman, no, I am
not familiar with that situation.
Mr. DeFAZIO. Is the ranking member familiar? I understand he is
trying to get some information on this.
Mr. SKELTON. If the gentleman will yield, I am familiar with the
article and I have asked my staff to make official inquiry with the
Reserve component of the United States Army to answer this.
Mr. DeFAZIO. If soldiers like this woman, Carissa Jenkins, were
forced against their own better judgment and their own life
circumstances to reup because they felt they were about to be compelled
without their own volition back into active duty, would the gentleman
agree that perhaps we could look at voiding these contracts and
allowing them to decide without coercion whether or not they want to go
back into active duty?
Mr. SKELTON. I think coercion is certainly absolutely wrong. I would
say to the gentleman that we would do everything we could to correct
the mistake. I am certainly positive that the military would stand
behind a mistake that they made.
Mr. DeFAZIO. I thank the gentleman, and I hope that we can get this
rectified. As I said previously, there are many good parts to this
bill. I believe in the all-volunteer military; I believe in the pay and
benefits enhancements; and I believe in providing better equipment,
which the bill does. I intend to support it.
Mr. HUNTER. Mr. Chairman, I would just say to the gentleman that I
will be happy to work with the gentleman from Missouri on this issue.
Mr. DeFAZIO. I thank the gentleman.
Mr. HUNTER. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from New Jersey (Mr. Smith), chairman of that very important
committee, the Committee on Veterans' Affairs.
Mr. SMITH of New Jersey. Mr. Chairman, I rise to engage in a colloquy
with the gentleman from California, chairman of the Committee on Armed
Services. I want to thank the gentleman for his support and leadership
on a significant matter affecting the security of our Nation's military
installations. Last year scores of undocumented workers were arrested
at several DoD installations across the country, including New Jersey.
In the post-9/11 world, we simply cannot afford to allow our
contractors to hire undocumented and unskilled workers to work on
military bases.
As the gentleman knows, the gentleman from New Jersey (Mr. Saxton),
the gentleman from New Jersey (Mr. LoBiondo), and I have worked
together with him to address this problem. Section 822 of H.R. 4200
authorizes a demonstration project intended to provide incentives to
contractors who have a meaningful and comprehensive skilled worker
staffing plan to ensure all workers are properly documented. The
provision, however, does not state the size or the location of the
demonstration project.
Mr. HUNTER. Mr. Chairman, will the gentleman yield?
Mr. SMITH of New Jersey. I yield to the gentleman from California.
Mr. HUNTER. The gentleman is correct. The size and location of the
demonstration project have been left to the discretion of the Secretary
of Defense. I will add, however, the whole point of doing a
demonstration project is to test whether a legislative idea will
produce the results that its proponents intend. The Secretary should
conduct a thorough and complete demonstration program.
Mr. SMITH of New Jersey. It is my hope and expectation that the
Secretary performs at least part of the demonstration project with
contractors in New Jersey. The legislative text of section 822 leaves
this choice up to the discretion of the Department of Defense, but can
we count on the chairman's support to help us persuade DoD to include
New Jersey in the demonstration project based on the fact that an
investigation by our own U.S. attorney, Christopher Christie, resulted
in the discovery of security violations and the arrests of illegal
aliens who had access to several of our New Jersey bases?
Mr. HUNTER. I would just say to my good friend that he and his
colleagues from New Jersey and others can certainly count on my
support.
Mr. SMITH of New Jersey. I thank the gentleman. I urge my colleagues
to support this provision and to vote ``yes'' on H.R. 4200.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentlewoman from
California (Ms. Lofgren).
Ms. LOFGREN. Mr. Chairman, I appreciate the work done by the
gentleman from California and the gentleman from Missouri on this
legislation. There are some important pieces to this bill, equipment
for our troops and the like. There are matters of concern, for example,
the new nuclear program that I have opposition to. But there is an
obscure provision of the bill that I want to make sure Members know
about and that is section 1404 which would require U.S. companies to
get a license before they export any goods listed on the military
critical technologies list. According to a copy of the list I found on
the Department of Defense Technical Information Center Web site, that
includes computers that exceed 1,500 MTOPS. That would be considered
military critical. So under this bill, computers, laptops, Sony
PlayStations that exceed 1,500 MTOPS would require an export license.
That would be to export it anywhere. If you want to sell a Sony
PlayStation to Europe, to England, you would need a Defense Department
export license. I think that that is a problem.
The outdated metric of 190,000 MTOPS needs to be changed, but to go
down to 1,500 MTOPS as a metric is literally the stone age of
computing. I believe that if there are specific military critical
technologies that are not sufficiently controlled under existing export
regulations, say, night vision or surveillance devices, then let us
draft something that controls those technologies. But to say that we
cannot sell a laptop to somebody in London, that the Ipods cannot be
exported to France, that the Sony PlayStations
[[Page H3275]]
cannot be sold to Japan, I think is a mistake. I know that this is
about war. I did not know it was about war on the American economy.
Mr. HUNTER. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from New Jersey (Mr. Ferguson).
Mr. FERGUSON. Mr. Chairman, I thank the chairman of the full
committee for his great work on this bill. I rise in support of H.R.
4200. Today we address the needs of a Nation at war on multiple fronts
and sustain our commitment to our troops, providing them with the best
technology and equipment in support of our ongoing mission in Iraq and
in Afghanistan and in the war on terror all around the world. This bill
will improve living and working conditions for U.S. military personnel
and their families. It recognizes the critical contribution of our
National Guard and Reserve and increases authorization for their
modernization programs. It protects and supports our military retirees
and their survivors. Most important, it gives our troops the resources
and equipment that they need to keep themselves safe and America free.
The Committee on Armed Services has deemed this the Year of the
Soldier. I can think of no better way to honor and serve those who are
giving of themselves, making extraordinary sacrifices, putting their
lives on the line in defense of this country than by supporting H.R.
4200, the national defense authorization bill. I thank the chairman and
the ranking member for their great work on this.
The CHAIRMAN pro tempore (Mr. Camp). Without objection, the gentleman
from Texas (Mr. Reyes) may control the time of the gentleman from
Missouri (Mr. Skelton).
There was no objection.
Mr. HUNTER. Mr. Chairman, I yield 3 minutes to the gentleman from
Georgia (Mr. Gingrey), who has done so much great work on this
committee.
Mr. GINGREY. Mr. Chairman, I rise in strong support of H.R. 4200, and
I would like to commend the gentleman from California and the gentleman
from Missouri for their tireless efforts in support of our soldiers,
our sailors, airmen and Marines who are bravely defending us at home
and abroad.
Mr. Chairman, this is the Year of the Soldier. The bill before us
clearly reflects that objective. The bill does a remarkable job of
covering a wide scope of issues that are vitally important to our armed
services. From survivor benefit improvements to the 3.5 percent across-
the-board pay raise that H.R. 4200 authorizes, this bill addresses the
most pressing needs of our troops in a very trying time for this
country. For our Reservists who experience a reduction in their income
while away from their civilian jobs, there are income replacement
payments. For our deployed soldiers, H.R. 4200 contains almost $830
million for up-armored Humvees and $358 million for vehicle add-on
armor kits.
I am also grateful for the work that the Committee on Armed Services
has done to fully fund the F/A-22 program this year. In particular, I
want to thank the gentleman from California (Mr. Hunter) and the
gentleman from Pennsylvania (Mr. Weldon), my subcommittee chairman, for
doing this and making sure that we got this vitally important program
fully funded.
Mr. HUNTER. Mr. Chairman, will the gentleman yield?
Mr. GINGREY. I yield to the gentleman from California.
Mr. HUNTER. Mr. Chairman, first, let me just say that this is a
program that shares support on our committee among Democrats and
Republicans. This aircraft capability is something that is very
important to our country. We just did a briefing on the emerging
aerospace industrial base in China, their new high-performance
aircraft, which at some point may threaten American interests. This
aircraft is vital, it is needed, and it is an important follow-on. We
will keep working on it. I thank the gentleman for his hard work on it.
Mr. GINGREY. I thank the gentleman from California for the full
funding for these 24 planes. It will go a long way toward providing
stability for that program and ensuring that America maintains air
dominance for the next 30 years.
In closing, Mr. Chairman, I want to thank the gentleman from
California and the gentleman from Missouri for their hard work on this
bill.
Mr. REYES. Mr. Chairman, it is my pleasure to yield 2\1/2\ minutes to
the gentlewoman from California (Ms. Lee), a fellow Texan.
Ms. LEE. Mr. Chairman, let me thank the gentleman from my home city
of El Paso, Texas, for yielding me this time and for his commitment to
our young men and women in uniform. My father served many, many years
at Fort Bliss, Texas.
I rise today to discuss the three amendments that I would have
offered had the Republican leadership allowed genuine debate on our
Nation's defense policy. Of course, instead we heard earlier a rule was
crafted which silenced probably over 95 amendments.
Let me talk about my three amendments for a minute. The first
amendment which I offered called for the creation of an international
commission to monitor prison conditions in Iraq. This commission would
be made up of representatives from the Iraqi Government and Iraqi civil
society, the International Red Cross, the International Red Crescent,
the United Nations, the United States and Coalition Armed Forces.
Contrary to what the President's lawyers apparently think, the Geneva
Conventions is neither quaint nor is it obsolete. This amendment would
have ensured compliance to help restore badly damaged United States
credibility. We have all seen the pictures. The whole world has seen
the pictures. We need to take action to correct the situation and to
convince the Iraqi people and the world that we are abiding by
international law.
My second amendment would have created a database of those who have
been detained. Family members should not have to wonder if their loved
ones have simply disappeared. We have learned that over 70 percent of
the detainees probably are individuals who should not be detained. We
cannot condone the policy and practice of holding ghost prisoners who
just vanish into United States custody. This is simply wrong. But this
amendment also was rejected.
Finally, my third amendment prohibited the use of United States funds
in the overthrow of democratically elected governments. That is a
simple democratic principle that I thought we held. Given the
allegations of this government's involvement in the overthrow of
President Aristide's government in Haiti, this amendment would have
restored confidence in the protection of democracy. It was born out of
the Bush administration's alleged involvement in the recent coup in
Haiti.
{time} 1645
First of all, this is a similar amendment that was instituted under
Representative Edward Boland, who prohibited the Reagan administration
from using money to fund the Nicaraguan contras. It is shocking and
totally shameful that we even need an amendment saying that our
government is not in the business of overthrowing its democratically
elected counterparts throughout the world; but history, including our
very recent history, teaches us that we do.
This amendment also was rejected, along with many others offered by
my colleagues. Some would have called for an exit strategy from Iraq;
others would have reined in the uncontrolled and unmonitored use of
private contractors, and that would have prevented the escalation, of
course, of the arms race. These are, again, some other amendments that
would have been allowed had we been allowed to debate them.
I say that the Republican majority continues to abuse its power.
Mr. HUNTER. Mr. Chairman, I yield 2 minutes to the gentleman from
California (Mr. Cunningham), a very distinguished American from San
Diego, the Navy Top Gun who was nominated for the Congressional Medal
of Honor for actions over the skies of North Vietnam and who has a real
heart for the servicemen.
Mr. CUNNINGHAM. Mr. Chairman, the gentleman from Missouri (Mr.
Skelton) is a descendant of Daniel Boone. He is like a brother. The
gentleman from Texas (Mr. Reyes), or Silver, as we call him, would
rather work in a bipartisan manner than anything and is a very close
friend.
I heard this morning in our conference the words ``a soldier's
chairman,'' and I cannot think of a better
[[Page H3276]]
fitting for this bill and the chairman that presents it. The gentleman
from California's (Mr. Hunter) dad, R.O. Hunter, was in the Marine
Corps. The gentleman from California (Mr. Hunter) served in Vietnam.
His son is in the Marine Corps and a lieutenant today.
But I think even more important, the people in this Chamber who know
the gentleman from California (Mr. Hunter), know he has given his life
to this Nation, to our military, and our veterans.
We go out to Walter Reed and we see these kids that have lost a foot
or an arm, and do the Members know what they ask me? I talked to the
gentleman from Pennsylvania (Mr. Murtha), and they talk to him the same
way; they say, Do not let them kick us out of the service, let us go
back to our units. These kids that are wounded multiple times and they
fight to stay with their units because they believe in it.
And I think what a fitting bill that takes care of our families, that
takes care of our troops, and is supported in such a bipartisan way. I
think this Nation is proud, and I think this Nation supports not only
this bill, but the actions of Members on both sides of the aisle.
Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
May I respond to the gentleman from California (Mr. Cunningham), my
friend. I am most appreciative of his kind words.
This is a very important bill, Mr. Chairman. We are at war. Needless
to say, a lot of legislative work went into this bill, and of course
there are some disappointments that go along with it. But the bottom
line is, it is going to be very helpful in both the anti-guerrilla
effort in Iraq and the antiterrorism effort in Afghanistan as well as
supporting the troops all over the globe.
Cicero once said that gratitude is the greatest of all virtues, and
through this legislation, in our own way, Mr. Chairman, we are
expressing our gratitude to the young men and young women who wear the
uniform of our country. We thank them for doing their duty, for
understanding what their duty is, for being professionals at what they
are, and bottom line, being patriotic.
So we thank them in so many ways, in the amendments and in the
paragraphs and the figures, as well as in the speeches in this Chamber,
the gentleman from California (Mr. Hunter), my friend, our chairman,
and Members on both sides of the aisle.
So, Mr. Chairman, I fully support the bill. And at the end of this
debate, I say thank you to the troops and I thank the majority,
especially our chairman, for the cooperation that we have had.
Mr. Chairman, I reserve the balance of my time.
Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
Having heard the eloquence of my great colleague, the gentleman from
Missouri (Mr. Skelton) and preceded by the gentleman from California
(Mr. Cunningham), my old compadre, I do not think I can add anything to
what they said.
Ms. SLAUGHTER. Mr. Chairman, I rise in strong support of H.R. 4200,
Fiscal Year 2005 Defense Authorization. The House Armed Services
Committee deserves recognition for producing a bill that addresses the
critical needs of our Armed Forces at a time when we are engaged in
major military campaigns in both Iraq and Afghanistan. The bill also
makes provisions to ensure the long-term strength of our military
readiness and improve the livelihood of our military families.
Specifically, I am pleased that this measure eliminates the Survivor
Benefit Penalty to spouses of deceased members of the Armed Forces. Not
only is this annuity essential to the livelihood of many surviving
spouses, but it provides much-needed peace of mind to our dedicated
military personnel.
Additionally, I am pleased that this bill contains $400 million for
individual body armor. I have long been concerned about this issue
since receiving several phone calls and heartfelt letters from parents
in my district whose children serving in Iraq have no body armor. There
is no excuse for us to send our soldiers into harm's way without this
most basic protection. H.R. 4200 commits substantial resources to
ensure that our troops have the body armor they need.
Next week, we will commemorate Memorial Day and remember the
courageous men and women who made the ultimate sacrifice for our
freedom. Regrettably, since the beginning of the campaign in Iraq, we
have added 793 to their ranks. More troubling is that potentially one
in four of these fatalities could have been avoided if our troops had
had the armored equipment they needed.
This bill makes a commitment not only to the memory of the soldiers
we have lost but also the ones that continue to be in harm's way in
Iraq. We owe it to their memory and those who answer the call to
service to do everything in our power to minimize the risk of loss of
life.
I also want to rise in opposition to H. Res. 648, the rule for
consideration of this bill. In Rules Committee, I offered three
amendments that would have substantially improved the underlying bill.
Regrettably, the Committee decided to deny this body the opportunity to
consider two of my amendments.
My first amendment would have ensured that the Department of Defense
had a steady stream of domestically produced electronic equipment.
These components are vital to the maintenance of some of our most
sophisticated weapons and communications systems.
My second amendment would have allowed individuals to apply for
benefits under the Energy Employees Occupational Illness Compensation
Act if they developed diseases from their work at facilities that had
residual contamination, after the Manhattan Project had been completed.
It is long overdue to do right by this aging and ill population.
Our men and women in uniform are bravely serving all over the world
because their country has called on them. In return, we must ensure
that we are doing everything within our power to provide them with what
they need. This bill makes great progress toward meeting the needs of
our soldiers and their families.
For this reason, Mr. Chairman, I rise in strong support for H.R.
4200.
Mr. STARK. Mr. Chairman, I rise today in strong opposition to S. Con.
Res. 95, the ``Concurrent resolution on the budget for fiscal year
2005.'' In these times of economic uncertainty it is unthinkable to
pass a budget that will leave this country over $8 trillion in debt at
year's end.
I have often quoted my friend, Princeton economist Uwe Reinhardt,
when talking about the Federal budget. He explains the budget as a Memo
to God, outlining our highest priorities as a Nation. In tune with the
Republicans' faith-based initiative, I give you this year's memo to
God, and ask everyone to think if this is the message we really want to
send to God and the American people.
To: God.
From: Republicans in Congress and the Bush Administration.
Re: FY 2005 Budget Priorities.
Date: May 19, 2004
God, it has been a really tough year. We are on track to
have the worst jobs growth record since the great depression,
we have lost nearly 800 of our bravest young men and women in
Iraq, and 43.6 million Americans have no health insurance.
With this in mind, we have proposed a budget that is both
fiscally and compassionately conservative, which we have
outlined below.
We feel it is absolutely necessary to have a $690 billion
deficit in FY 2005, which will raise the national debt to
over $8 trillion dollars. We are raising the debt limit under
the Hastert rule, thereby precluding the House from ever
debating whether the coming years' budget should be allowed
to increase the Federal debt by such an alarming amount.
Every man, woman, and child will have over $26,000 in
national debt to call their very own by the end of FY 2005.
God, we know it's a sin, but we haven't been very good at
telling the truth lately; first it was weapons of mass
destructions, and now it is Medicare. Our own experts have
told us that the Medicare prescription drug bill we passed
last year will cost $534 billion dollars over 10 years.
However, we didn't tell anybody before we voted, so there is
no reason to pretend it is reality now. The budget resolution
assumes this legislation will only cost $409 billion over ten
years, meaning we have purposely underestimated the $609
billion deficit to further cover up previous mistakes.
Since we have been so dedicated to healthcare this year
with Medicare, we have no choice but to make broad cuts in
the Medicaid program. Over the next five years we promise to
cut mandatory Medicaid spending by nearly $900 million
dollars. We are aware that many low-income children and
mothers may lose access to affordable healthcare services,
but this is the price we have to pay for continuing huge tax
cuts for corporations and wealthy Americans.
Racking up an over $600 billion deficit also requires large
doses of fiscal irresponsibility. As the party of fiscal
conservatism we are dedicated to paying for our increased
spending--unless that spending is earmarked for the war on
terrorism--but not the decreased revenues caused by our tax
cuts. Pay-as-you-go rules worked to balance the budget during
the Clinton Administration, so we cannot possibly use them to
balance our budget. Yes, we did pretend to require new
spending and tax cut offsets for one year, but that has no
real effect on our agenda because we exempted three major tax
cuts that we plan to enact this year that will cost $551
billion over the next ten years.
Finally, we have further endangered Social Security and
Medicare by increasing the
[[Page H3277]]
debt, thereby increasing the amount that must be borrowed
each year from the trust funds. With the baby boomers
approaching retirement, we know we can't continue to pilfer
these trust funds, but we do it anyway. In the end, the only
plausible option will be to cut Social Security and Medicare
to continue paying for our unjustified wars and irresponsible
tax cuts for the upper class.
God, we know you will understand why it is necessary to
continue tax cuts for the wealthiest Americans while we cut
vital services for the elderly, people with disabilities and
the poor. This memo is about our priorities, and upon close
analysis of this budget I think you will see what true
compassion and fiscal conservatism is really all about.
That is the message that House Republicans are sending to God and to
the American public. It's not a message I agree with and that is why I
urge my colleagues to join me in voting ``no'' on this misguided
priority list for our Nation.
Mr. SCHIFF. Mr. Chairman, throughout the last year there have been
numerous reports, some issued by government agencies, others emanating
from news organizations, that have detailed critical shortages of
equipment needed to protect our young men and women serving in Iraq.
I visited Iraq last year and spoke with our troops serving there
about the shortages of armored Humvees and body armor. I know that many
of my colleagues who have visited Iraq have raised similar concerns. I
have pressed this issue during consideration of the Iraq supplemental
and on numerous other occasions. Many of our troops who have been
killed in Iraq in the past months were riding in unarmored Humvees that
were hit by small arms fire, rocket-propelled grenades, or improvised
explosive devices. Doubtless, some were lost because they were not
protected.
I was deeply disappointed by the length of time that it has taken to
provide our soldiers with this life-saving equipment, and I am pleased
that Chairman Hunter and Ranking Member Skelton wisely increased
funding for these programs by several orders of magnitude. Because of
these increases, I will add my voice of support for the bill.
I am also pleased that the Committee has increased the end strength
of the Army and Marine Corps over the next three years. Our active duty
forces, our Reserves, and our Guard have been overstretched by
operations in the War on Terrorism and the war in Iraq. I have been
strongly supportive of increasing the size of the military, and by
authorizing additional forces, we will enable our troops to get the
training and time for rest and re-fit that they need and deserve.
I am less pleased by the provisions relating to the rush to deploy a
National Missile Defense system that I believe is not ready for
deployment. I support additional research and testing of ballistic
missile defense systems, but the imminent deployment of the first
interceptors is premature and diverts taxpayer money that is more
immediately needed to provide basic security for our troops.
I am most concerned by the ill-conceived decision to authorize more
than $36 million for research into the Robust Nuclear Earth Penetrator,
as well as a new generation of advanced nuclear weapons. At a time when
we are asking other nations to forswear the development of nuclear
weapons, when we invaded Iraq because we thought that Saddam was
developing nuclear weapons, when Osama bin-Laden has exhorted his
followers to use nuclear weapons against the United States, and when
our own State Department has compiled a Top Secret list of sites around
the world that contain unsecured fissile material, we should be
focusing on non-proliferation, counter-proliferation, and cleanout
activities. Funding for a new generation of nuclear weapons enhances
neither our security, nor our credibility.
Mr. McGOVERN. Mr. Chairman, I want to express my appreciation to
Chairman Hunter and Ranking Member Skelton for their leadership in
bringing this bill before the House. I honor after dedication to our
uniformed men and women, and their families and dependents.
I have often criticized our military budget. There is simply too much
waste, too much duplication, too much fraud and abuse. We fund weapon
systems that don't work, or contribute to a new arms race, or both. On
these matters, I will support the amendment to be offered later today
by Congresswoman Tauscher and my Massachusetts colleague Congressman
Markey.
I believe, however, that this bill makes important contributions to
protecting our troops in the field and to the welfare of their
families.
H.R. 4200 fixes the long-standing problem of the Social Security
offset for our military retirees and their survivors, which is a top
priority for my constituents. The Survivor Benefit Plan currently
penalizes over 225,000 aging survivors, mostly widows of our nation's
veterans. These survivors are forced to give up more than one-third of
their retirement benefit when they become eligible for Social Security.
Mr. Chairman, this is simply wrong.
Bipartisan legislation to fix the Survivor Benefit Plan was
introduced over a year ago by our colleague form Florida, Congressman
Miller, and despite having 336 cosponsors, was left to languish. So, I
salute the Committee for ending this injustice by providing a five-year
phase-out of the Social Security offset.
I strongly support the increased funding for Armored Humvees, to
outfit currently deployed Humvees with ballistic armor, and for
Interceptor body armor. This bill also reimburses military personnel
who had to purchase their own body armor because the Pentagon failed to
provide them with protection.
I also want to thank the Committee for including an initiative for
income replacement payments to Reservists who experience a reduction to
income from their civilian life. I believe this is an important step
that should be extended to National Guard members, especially for those
who have experienced extended deployments. The financial stress faced
by the families of our active-duty Reserve and Guard is well-known to
every Member of this House, and I believe we must respond in a far more
comprehensive way if we expect to honor their service and sacrifice,
retain current personnel, and attract future candidates for service. I
am deeply disappointed that the Republican majority will not allow
Congressman Lantos to offer his amendment, which would help equalize
the difference in income for federal workers who have been called to
active-duty in the Reserves. I am an original cosponsor on
Congressional Lantos' legislation that would provide such funding, and
I am very proud that the Commonwealth of Massachusetts has already
implemented such a program for state employees who have been activated.
I simply do not see why we cannot do the same for federal employees
nation-wide.
I also want to thank the Committee for its strong bipartisan support
for keeping in place the limits on the number of U.S. military troops
and contractors in Colombia, and I thank our colleagues from
Mississippi, Gene Taylor, for his leadership on this issue.
Mr. Chairman, I want to be clear: Even though I support this bill I
have serious concerns about U.S. Policy in Iraq and Afghanistan. This
bill cannot be a blank check. Our policies are in serious trouble in
both countries. The Bush Administration must, I believe, change course
if we are to have any hope of brining security, stability and
representative government to the region.
Mr. TOM DAVIS of Virginia. Mr. Chairman, I rise in support of H.R.
4200, ``The National Defense Authorization Act for Fiscal Year 2005''.
I would like to start off by commending Chairman Duncan Hunter and
the entire Committee on Armed Services for all of the hard work on this
legislation. A bill of this magnitude requires an enormous bi-partisan
effort. The result here is legislation that will provide the resources
necessary for U.S. military forces to protect and defend this country
both at home and abroad.
I am concerned, however, with several provisions in this bill
affecting the acquisition system. The first provisions interfere with
the Department of Defense's competitive sourcing program. The second
group of provisions represent an ill-considered attempt to protect
domestic jobs. We can all agree that the Federal government should do
as much as it can to support jobs in America. However, tacking on
onerous provisions to the acquisition system to protect a handful of
jobs is not the right approach. It costs money--taxpayers' money. The
acquisition system's purpose is to procure the best value goods and
services with taxpayers' dollars, not to protect jobs. Most important,
we have learned time and time again that provisions restricting our
ability to tap the resources of the global market in the name of saving
jobs result in retaliation from our trading partners, costing us more
jobs in the long run.
First, we have the provisions of the Langevin amendment included in
the Committee mark. These provisions, if enacted, would require
sweeping changes to the Administration's critical competitive sourcing
program and hamstring the Defense Department's ability to manage its
programs and workforce.
Our economy is based on a free market system where competition is
essential to maintaining vibrancy and productivity. Who can argue with
the idea that a little competition is needed to spur efficiency in
Government? The problem is that, despite having considerable input into
the revised OMB Circular A-76 that provides the procedural framework
for the competitive sourcing program, its opponents have mounted an
attack on competitive sourcing. They equate ``competitive sourcing''
with ``outsourcing'' or ``privatization,'' or at least they say they
do. But words matter, and competitive sourcing is simply not the same
as outsourcing or privatization. Outsourcing assumes up front that the
private sector can perform activities better, cheaper, and/or faster
[[Page H3278]]
than a government organization. Competitive sourcing does not assume
the private sector is the preferred provider. Its purpose is not to
downsize the government workforce. It uses competition to decide.
Opponents argue that competitive sourcing takes jobs away from Federal
employees. This is simply untrue. In most cases, the Federal employees
involved in the competition either retain their jobs if the agency team
wins or are rehired if the private sector wins. In fact, according to
agency data from a recent GAO report, in-house teams win most of the
competitions, retaining almost 76 percent of the positions competed.
The key point is, public-private competitions result in substantial
savings in the activity competed, regardless of who wins the
competition.
The Langevin language would cripple the competitive sourcing program
at the Department of Defense. It would, for example, prevent the
Department from making reasoned management decisions for the benefit of
our Armed Forces and the American taxpayer by prohibiting the Defense
Department from making any reorganization of a function so that it
would be performed by 10 or fewer employees unless it conducts a
public/private competition. Think about this: under this provision, the
Secretary of Defense is prohibited from paring his office staff from 12
people to 9.
Further, the Langevin amendment unfairly tilts public-private
competitions toward the Federal employees and introduces into private
businesses' right to offer their employees a total compensation package
by prohibiting the A-76 cost comparison from including any savings that
could be attributable to a businesses' use of a worker health plan that
is different than that provided to Federal government employees. This
would establish a Federal mandate to private industry and cripple the
ability of small businesses to participate in this program. That, Mr.
Chairman, is not good government.
The Langevin provision also would require the Department of Defense
to establish a pilot program to conduct an arbitrary number of public/
private competitions for new work and work currently performed by
contractors. This would mandate that the Department expend resources so
that Federal workers can compete with the private sector to perform new
commercial work. Don't our Federal workers have enough to do in
fulfilling their current responsibilities? Interestingly, the
requirements would not extend to any work to be performed by a
contractor whose workers are represented by a private-sector labor
union.
Finally, the Langevin amendment imposes a mass of reporting and
tracking requirements, which in a number of cases duplicate
requirements that are currently in chapter 146 of title 10. The only
point of these is to gum up the competitive sourcing program. A number
of these mandates would apply whenever a service contract is awarded by
the agency, whether or not as the result of a competitive sourcing
study. So not only are the Langevin supporters interested in
hamstringing the competitive sourcing program but also in reversing the
recently passed reforms in service contracting.
Secondly, section 811 of the bill, titled Defense Trade Reciprocity,
would prohibit DoD from purchasing any defense article or service from
any company in a country (including our NATO allies, our coalition
partners, and Israel) that within one year does not have an offset
policy toward U.S. companies that is comparable to U.S. offset policy.
This provision is ill advised, would severly limit the ability of the
Department of Defense to cooperate with our allies and operate
overseas, and would undercut the ability of our defense industry to
compete in selling to our allies.
Last fall, the Congress passed two provisions dealing with offsets.
In the extension of the Defense Production Act, we asked the Commerce
Department to complete a study by this August on the impact of offsets
on the supplier base and required the Administration to discuss with
our trading partners ways to reduce the ``adverse'' impacts of offsets.
Congress is to receive periodic reports on how such discussions are
progressing.
In last year's Defense Appropriations Act, we required the Department
of Defense to prepare a report by March 1 on the impact of offsets on
the defense industrial base and make any appropriate recommendations.
We ought to at least wait for the results of the actions we demanded of
the Executive Branch only a few months ago before taking premature
actions on offsets.
In fact, while offsets distort international defense trade, concern
about the impact of offsets is overblown. The annual Commerce
Department review of offsets that is required by a provision of the
Defense Production Act consistently concludes that defense sales that
have associated offset provisions produce approximately 30,000 U.S.
jobs, and the offsets reduce that figure by about 9,000 jobs, for a net
gain to the U.S. of 21,000 jobs. Any actions that jeopardized those
sales could result in a net loss of jobs and an erosion of the U.S.
defense industrial base.
The U.S. currently enjoys a trade balance in defense exports of 6-1
in its favor with respect to Europe and around 12-1 with respect to the
world. In a time when we worry about ballooning trade deficits, the
U.S. aerospace industry delivers the largest export surplus of any
sector in the economy with over a $25 billion trade surplus in 2003.
Policies that restrict the ability of U.S. companies to continue making
such sales will hinder interoperability with our allies, reduce U.S.
jobs, and undercut the supplier base.
The simple fact is that restrictive provisions such as this are self-
defeating, Cold War anachronisms that cripple our participation in the
Global Market and jeopardize defense exports--one of the major sectors
of our economy.
Finally, the Manzullo amendment, to be considered on the floor, would
add the creation of jobs in the U.S. as one of the instances that the
Secretary of Defense could use in a determination under 10 U.S.C.
2304(b)(1) to exclude a source to establish or maintain alternative
sources of supply. The 10 U.S.C. 2304(b)(1) is seldom used and it is
discretionary, but it could be used to justify a sole-source contract
award under the guise that it created jobs.
Moreover, the amendment would add ``the creation of jobs'' to the
list of required evaluation factors for all negotiated acquisitions
under 10 U.S.C. 2305(a)(3)(A). This would mandate that the creation of
jobs be a factor in the selection of the winning offeror in a
competitive acquisition. The problem here is that we would be requiring
the consideration of a factor that has nothing whatever to do with the
merits or cost of the proposal. Again we are burdening our acquisition
system with a requirement that is not related to the acquisition of
best value goods and services for the government.
Additionally, I am concerned with Chairman Hunter's amendment that
adds money for the Patriot missile and uses a $48 million cut to the
KEI program as one of the offsets. The KEI program will play a crucial
role in our Nation's security by providing enemy ballistic missile
defense. Any cut in funding will hinder this program's advances in the
area of anti-ballistic missiles.
I also want to offer my support to the Wamp amendment, which makes
improvements to the Energy Employees Occupational Illness Compensation
Act. The amendment addresses statutory problems that have created
significant bottlenecks for thousands of claims being made under this
important DOE program.
Mr. Chairman, in closing, I want to again commend Chairman Hunter for
this bill in its entirety, despite my opposition to some of its
specifics.
Mr. SIMMONS. Mr. Chairman, I rise today in strong support for H.R.
4200, the National Defense Authorization Act for fiscal year 2005.
As a Member of the Armed Services Committee, I wish to thank Chairman
Hunter and Ranking Member Skelton, as well as our subcommittee chairmen
and ranking members for their tireless work in crafting this fine piece
of legislation.
These are not easy times for the Department of Defense. The brave men
and women of the Army, Navy, Air Force and Marines are serving us
proudly around the globe. They are daily putting their lives on the
line to defend the liberties we take for granted. In the last 2 years
these men and women have overthrown two terrorist regimes and liberated
over 50 million people in Afghanistan and Iraq.
The least we can do for our troops is provide good wages, adequate
armor and ammunition, and new aircraft, ships and fighting vehicles.
This legislation meets and exceeds these goals. I am pleased that this
bill will provide a 3.5 percent across-the-board pay raise, eliminating
out-of-pocket housing expenses and increasing retention incentives and
hazard duty pay.
Hearing of inadequacies in body armor and up-armored HMMWVs from
family members of soldiers in the field, I made force protection my
number one priority. Earlier this year I traveled to Ohio to see first-
hand the manufacturing process and capabilities of up-armored HMMWVs.
I thank the chairman and ranking member for fulfilling their
commitment by providing $704.7 million to increase and sustain
production of the vehicles at a rate of 450 per month.
I also applaud their forward vision in providing $358.2 million for
add-on armor kits for the Army's truck fleet. The add-on armor provides
critical protection against anti-personnel projectiles and improvised
explosive devices (IEDs).
Earlier this year the 1109th AVCRAD, a Connecticut National Guard
aviation repair unit, returned from a year deployment in Kuwait and
Iraq. Conversations with the CO made clear to me that the Blackhawk
helicopters in theater are wearing out rapidly.
Therefore, I am pleased to see that many of the funds originally
authorized in the Comanche program have been redirected to the
procurement of much needed Blackhawk Helicopters. The eight helicopters
added by the
[[Page H3279]]
committee brings the grand total in the bill to 63. Our soldiers
specifically asked for more Blackhawks, a workhorse helicopter for our
Army and Navy, and this is now provided in this bill.
For our sailors, this bill provides funding for the next Virginia
Class submarine. Virginia Class will also be seeing critical research
and development funding for both payloads and sensors and the critical
Multi-Mission Modules.
Additionally, I am pleased that this legislation addresses the
security needs of Naval Submarine Base New London, in Groton,
Connecticut, by providing $4.42 million for security enhancements and
upgrades to entry gates 3 and 5. These upgrades are necessary to
protect the submariners stationed at Subase New London, as well as
protecting our investment in the submarine fleet, including the new USS
Virginia that will soon call the Subase home.
Mr. Chairman, in December 2003, Time magazine named their ``Person of
the Year'' as the American Soldier. This year's defense authorization
bill has been named ``The Year of the Troops.'' We praise the men and
women of the Armed Forces for their service. I am pleased to support a
piece of legislation that sends a clear message from this Congress that
we support their service and sacrifice.
Mr. LARSON of Connecticut. Mr. Chairman, I rise today in support of
H.R. 4200, the National Defense Authorization Act for Fiscal Year 2005.
I'd like to thank Chairman Hunter, Ranking Member Skelton, and my
Subcommittee leaders Chairman Weldon and Ranking Member Abercrombie and
Chairman Hefley and Ranking Member Ortiz for all their hard work and
efforts to put together a great and bipartisan bill.
The bill we are taking up on the floor today contains a number of
very important provisions beyond its routine function of providing for
the yearly defense budget.
Specifically, Section 304 includes language that provides authority
to the Secretary of Defense to reimburse a member of the Armed Forces
for the cost of protective body armor purchased between September 11,
2001 and December 31, 2003 by the member, or by another person on
behalf of the member, for use by the member while deployed in
connection with Operation Noble Eagle, Operation Enduring Freedom, or
Operation Iraqi Freedom if the member was so deployed and was not
issued protective body armor before the member became engaged in
operations or situations described in 37USC310(a)(2), regarding
``Special pay: duty subject to hostile fire or imminent danger''.
This language is a direct result of both the effort and sacrifice of
my constituent Pene Palifka of East Hartford, whose son, Bill, was
serving in the Army National Guard's 248th Engineer Company in Iraq. On
Monday night, October 13, 2003, I held a public forum about the FY04
Iraq supplemental appropriation request in my District where I first
met Pene Palifka and heard her story. When her son Bill was deployed,
he was deployed without the Army's new Interceptor body armor, because
as it had been reported and as I heard directly from soldiers serving
in Iraq when I visited there in August 2003, there was a shortage of
roughly 40,000 of these vests at that time.
Out of concern for her son's safety, she came forward and provided
the money herself, about $1,100, to purchase body armor for her son.
Many other families and soldiers have had to do the same, and that is
simply wrong.
Congress appropriated funding in the FY03 Emergency Wartime
Supplemental that was signed into law in April 2003 to procure and
distribute additional vests. But, as became evident by the time the
Iraq Supplemental Appropriation bill was before Congress last October,
there were various manufacturing and procurement issues preventing
these vests from making it to the front, and this shortage continued to
exist through the early part of this year, prompting many soldiers or
their families to take matters into their own hands.
While the Congress and the Department of Defense have worked to
address these shortfalls since then, this bill fulfills the
government's responsibility to reimburse the people who stepped in and
spent money out of their own pocket to equip the soldiers serving in
the Global War on Terrorism with equipment that Congress intended the
Department of Defense to provide.
The next issue I would like to point out and commend our Committee
leaders for is working with all of us to find the resources to make
eliminating the so-called ``widows tax'' possible. This bill eliminates
the social security offset under the SBP by increasing the annuities
paid to survivors of military retirees who are 62 or older from 35
percent of retired pay to 55 percent by March 2008. The surviving
spouses of our military servicemen and women deserve their full
benefits.
Finally, this bill includes a 2-year BRAC delay, an important pause
at a time when we must all reassess the priorities of the military and
its requirements to provide for the national security of this country
in a post 9/11 environment.
Mr. MILLER of Florida. Mr. Chairman, I proudly rise today in
wholehearted support of H.R. 4200, the National Defense Authorization
Act of 2005. This legislation fully restores the Survivor Benefit Plan
annuity to what was promised America's surviving spouses. I applaud my
Armed Services Committee colleagues for bringing a quarter of a million
military widows and widowers one step closer to seeing increases in
their monthly checks next year. This is a Defense Authorization measure
of which this body can be proud.
Since coming to Congress, I have been working this issue of
particular interest--restoration of the minimum Survivor Benefit Plan
basic annuity to fifty-five percent (55%) for survivors age sixty-two
(62) and older.
Under present law, surviving spouses are subject to a reduction to
thirty-five percent (35%) as part of the initial SBP law enacted in
1972. But this critical piece of information didn't find its way into
military retirement briefings and SBP election forms until many years
later.
Here's a 1982 election form. Nowhere will you find the offset
mentioned. Survivors feel betrayed by this bait and switch. And at 35
percent, SBP provides only a poverty-level-or lower-annuity for most
survivors, even those of relatively senior officers.
For nearly three years, I have worked with members of this Committee,
my colleagues on the Veterans Affairs Committee, and numerous service
organizations to introduce SBP bills that will bring the needed equity.
Both bills I have introduced in this Congress have received strong
bipartisan support with over three hundred (300) Members sponsoring one
or both. I am proud that this Committee has produced SBP reform that
exceeds even my greatest expectations. H.R. 4200 will fully eliminate
the so-called ``Widow's Tax'' by April 1, 2008--in under five years.
Again, what we're doing today exceeds all expectations. It's what we
set our sights upon when I introduced H.R. 548. I thank Chairman Duncan
Hunter and the first-rate Armed Services Committee staff, who literally
worked around the clock to make this work.
Mr. Chairman, I urge this entire body to support these provisions we
have worked tirelessly hard fought, and its victory is shared by so
many whose efforts have been tireless and unrelenting. I thank my
colleagues who have stood by me to realize this victory.
Ms. ESHOO. Mr. Chairman, the export control amendments in H.R. 4200
will limit Presidential authority to effectively promote U.S. national
security and will hobble the U.S. information technology industry by
preventing it from selling commodity commercial products to our allies.
This bill requires an export license for all exports of goods and
technologies on the Military Critical Technologies List to all
countries.
This legislation would roll back export controls on computers below
the levels implemented five years ago--thus preventing our technology
industry from exporting computing products that are a few generations
old.
This amendment is so broad that it would immediately require export
licenses for exports of things such as laptop and desktop computers,
which can't possibly serve any national security interest.
By passing this amendment, we are immediately cutting off American
manufacturers from customers around the world, including key export
markets such as Canada, Mexico, Europe, and Asia.
The amendment is so arbitrary, and the list so outdated, that it
bears no rational relation to U.S. national security, and threatens to
derail America's economic recovery.
Mr. Chairman, I urge my colleagues to protect our critical technology
industry and vote against H.R. 4200.
Mr. TERRY. Mr. Chairman, I rise in strong support of H.R. 4200, the
National Defense Authorization Act for Fiscal Year 2005.
This legislation supports our troops with $422 billion for national
defense and an additional $25 billion for operations in Iraq. Funding
for national missile defense and combat capability would increase.
Special emphasis on protective equipment such as body armor and
heavily-armored Humvees would also help our soldiers return safely to
their families.
We must care for our soldiers' families here at home. I am proud to
support the well-earned 3.5 percent pay raise and boost in hardship pay
from $300 to $750. As a co-chair of the House Impact Aid Coalition, I
also commend Chairman Hunter for including $50 million for the
education of military children. This would send an additional $20
million to school districts across the country that serve military
families. I thank the Chairman for his hard work and strong support of
this critical funding.
While I appreciate the emphasis the Air Force has placed on quality
of life improvements, I am deeply concerned that mission readiness be
funded at adequate levels to support our troops. For example, Offutt
Air Force Base in Nebraska has a mission critical runway repair
requiring urgent attention. The
[[Page H3280]]
safety of airmen flying in and out of Offutt depends upon the condition
of this runway, which the Air Force has labeled a critical safety
hazard.
Although the repair is the top priority of the Air Combat Command
that oversees 38 major installations, the Pentagon has given funding
priority to dormitories and fitness centers. I thank Chairman Hunter
for at least funding design of the needed runway, and urge him to
reexamine the Air Force's priorities in conference. We must ensure
mission critical repairs are completed for the safety of our airmen.
Military bases that consistently and efficiently perform should also be
rewarded for their success.
The War on Terror has been costly in both blood and treasure. More
than 750 American soldiers have given the ultimate sacrifice of their
lives. Our troops who patrol the streets of Iraq, scour the towns and
mountains of Afghanistan, and root out terrorist cells worldwide, know
the price of freedom. Their service to protect our nation honors their
fallen comrades and dignifies the United States, and should not be
demeaned by the cowardly actions of soldiers in the Abu Ghraib prison.
Mr. Chairman, I urge my colleagues to join me in supporting H.R. 4200
to aid our valiant troops.
Mr. ALEXANDER. Mr. Chairman, I rise today to express my strong
support for the passage of the National Defense Authorization Act for
Fiscal Year 2005. This legislation will continue to ensure that our
military services are provided with the personnel, equipment and
capabilities that they need to protect our national security.
Section 815 of the pending National Defense Authorization Act will
ensure that American freight-forwarding companies in Louisiana, Texas,
California, Tennessee and other states are properly utilized in the
efforts by the United States to provide cargo shipments for military
operations, humanitarian relief aid, or postwar reconstruction in Iraq
and Afghanistan. American freight forwarders should be used to the
greatest extent possible to process, dispatch or otherwise handle
government-sponsored cargoes for shipment overseas.
The Congress continues to see to it that American companies and their
hard-working labor force benefit from the procurement of goods and
services by the United States government. Specifically, the Congress
has required that the American work force be provided with a fair
opportunity to compete for federal government contracts. Similarly,
cargo preference laws ensure that government-generated cargoes are
shipped aboard United States-flag vessels. However, no such protections
exist for American freight forwarders. As a result, significant
government shipments of cargoes for military operations, international
assistance and other purposes are handled today by foreign-owned and
controlled freight forwarders without any consideration for the use of
American companies to provide freight forwarding services.
Mr. Chairman, the legislation before us will provide appropriate
protections for American freight forwarding companies and U.S.
government-sponsored cargoes. The bill establishes a preference for the
participation of U.S. freight forwarding companies as prime or
subcontractors in the shipment of government-sponsored cargoes,
provided that the freight forwarding services are offered at fair and
reasonable rates. Furthermore, this initiative will further protect the
chain-of-custody of critical and sensitive project and other U.S.
government-sponsored cargoes destined for Iraq and Afghanistan.
Mr. Chairman, I thank Chairman Hunter, Congressman Skelton and other
members of the House Armed Services Committee for their support in this
matter, and I look forward to working with them on the passage of this
vital legislation.
Mr. KUCINICH. Mr. Chairman, I rise in strong opposition to the FY
2005 Defense Authorization bill. The bill continues to fund an
ineffective and wasteful defense strategy based on the Cold War. The
bill authorizes $422.2 billion for the Department of Defense and the
nuclear weapons activities of the Department of Energy. However, the
2001 Defense Authorization bill was $310 billion, revealing that we
have increased nominal defense spending 36 percent in just four short
years.
The FY 2005 bill also authorizes $25 billion for combat operations in
Iraq and Afghanistan. This increases the total funding to $447.2
billion. The running total for emergency supplementals has now reached
$191 billion for the wars in Iraq and Afghanistan. Unfortunately the
Republican led Congress continues to refuse its Constitutional role of
oversight.
The bill funds several weapons systems as well as a war in Iraq that
will provide little additional security for Americans. For example, the
Ballistic Missile Defense is slated to receive $9 billion for a system
that does not work, but will be implemented this year as an election
year boost for the President.
The F/A-22 ``Raptor'' Fighter is a cold war fighter plane without an
enemy to fight. Yet, the bill will spend $4.5 billion to purchase 24
aircraft. The bill authorizes the purchase of 11 V-22 ``Osprey'' Tilt
rotor for $1.6 billion, yet the plane is terribly unsafe. The bill also
authorizes more research dollars for the DD(X) Destroyer, wasting $1.2
billion on a boat the Navy does not need. I also object to the Boeing
airborne tankers lease/purchase program. This is a classic example of
corporate welfare.
I am greatly disappointed that the Republicans have sought to block
consideration of two amendments I would have offered. These amendments
would have provided the House of Representatives the opportunity to
help bring resolution to the ongoing crisis in Iraq.
My first amendment would require that the President develop criteria
for troop withdrawal from Iraq.
The war that we are fighting in Iraq at this time is an
unconventional war. We have already deposed the leader of the country,
and now we now fight both an unknown enemy and a new enemy that was not
there before we invaded. There is no exit strategy and every six months
or so the American people are faced with a new bill. The leaders of our
country have given them no indication that they even know how to get
out of Iraq, much less an idea of when their sons and daughters will
come home.
The amendment that I would have offered today would require the
Administration to provide Congress with a list of criteria for the
withdrawal of combat troops in Iraq.
This amendment is useful because it provides America and the world
with the answers to the question: What are we still doing in Iraq and
what must happen so that we can leave?
These questions are simple and they are necessary.
After all, what are the goals that this Administration hopes to
achieve before the withdrawal of troops can commence?
At the very beginning of the war, the ultimate goal was to disarm
Iraq from weapons of mass destruction. But there weren't any weapons of
mass destruction in Iraq, and our troops are still there.
At another point, the goal was to remove Saddam Hussein from power.
Well, that's been done too, and our troops are still there.
So now what? What are the next criteria?
Will troops come home after we've established the largest embassy in
the world inside Iraq? Or will they come home after the oil starts
flowing in to the right pockets? Or will it be when the defense
contractors get billion more of American taxpayer dollars? Or when
there are permanent military bases in Iraq so that we can extend an
American empire to the Middle East?
Or is it when we've brought ``democracy'' to the people of Iraq? But
what constitutes a democracy? An interim government was set up and a
constitution was drafted, but we're still there. Will we pull out after
an election, or two elections, or three? What happens if the Iraqis
elect a leader that we don't like? Will we stay inside until the person
of our choosing is running the country?
Is the criterion for leaving Iraq complete ``pacification'', in that
we won't leave Iraq until all the fighting has stopped and the country
is secure? What will that mean? Will it mean a slow down to one attack
per day or week or month?
My amendment is a modest amendment because it requires the
Administration to think about all these questions and then tell the
American people what exactly it will take to bring the troops home.
And we should all want the answers to these questions. I know that my
constituents elected me to ask these questions. After all, it's their
money that we're committing.
My feelings about the war are known here. I have been against the war
and the occupation. But since it appears as if the Administration does
not care to volunteer the details of their objectives in Iraq, we
should then ask them.
My second amendment would offer a sense of Congress that would
disavow any intention for permanent United States military presence in
Iraq. As we all know, many people across the globe have accused the
United States of imperial thoughts and actions. To ensure the global
community we have no such notions; we must publicly declare our
intentions not to establish permanent military bases.
A month after the United States began military operations in Iraq,
the New York Times (April, 21, 2003) printed a story indicating that
the United States was considering the establishment of four permanent
military installations in Iraq. The bases identified are the Baghdad
international airport; the Talil airbase near Nasariyah; a base known
as H-1 in the western desert near Syria; and Bashur airfield in the
Kurdish region near the convergence of the borders of Turkey, Iran and
Iraq. On the very next day the Secretary of Defense denied that the
United States was seeking permanent military installations in Iraq.
But, neoconservatives are openly talking about the benefits of such
permanent bases.
Given that the Turks had been truculent about access by
ground before Operation
[[Page H3281]]
Iraqi Freedom, that the use of Saudi Arabia has been a
delicate matter for the past decade, and that Iraq is ideally
situated for operations throughout the region, there is a
compelling case for siting U.S. bases in Iraq. (There's No
Place Like Iraq . . . For U.S. military bases. Tom Donnelly
Weekly Standard 05/05/2003)
More recently in the Inter Press Service News Agency:
But Qatar and even Kuwait, which has acted as a de facto
military base for Washington since 1990, could not substitute
for the kind of strategic depth and flexibility offered by
the four bases identified by the Times as those to which the
administration wants permanent access. (Jim Lobe, Nov. 28,
2003)
I believe the Arab world would take great comfort in hearing a
declaration by the United States to disavow permanent military bases in
Iraq. The United States must state without exception that it does not
seek to maintain a long-term military presence in Iraq. Such a
declaration will reduce anti-American sentiment in the region and, I
believe reduce the attacks upon our troops.
So it is greatly unfortunate that the leadership of the House has not
seen fit to debate these amendments.
Mr. BEREUTER. Mr. Chairman, this Member certainly is pleased that
H.R. 4200 provides authorization for funding for a very important
project in Nebraska's 1st Congressional District. The bill includes
$614,000 for a national guard and reserve center headquarters building
at Lincoln Airbase, Nebraska. This is the second year that this Member
has requested this funding for this necessary project. This Member
would like to thank the distinguished Chairman of the House Armed
Services Committee (Mr. Hunter), the distinguished Ranking Member (Mr.
Skelton), the distinguished gentleman from Colorado (Mr. Hefley) who
serves as Chairman of the Readiness Subcommittee, and the Ranking
Member, the distinguished gentleman from Texas (Mr. Ortiz) for their
assistance in this important matter.
These funds will be used to complete the design process associated
with the construction of a new headquarters and emergency operating
center for the Nebraska Army National Guard. The existing headquarters
facility must be relocated due to the new Antelope Valley highway/flood
control infrastructure project in the City of Lincoln, Nebraska.
While this project was included in the Department of Defense's (DoD)
FY2009 Future Year Defense Plan (FYDP), it needs to be accelerated due
to the unanticipatedly expeditious progress on the Antelope Valley
Freeway and Flood Control project which will very soon necessitate the
abandonment of the current headquarters. It appears that the National
Guard Bureau agrees since initial design funding was allocated last
year from existing funds, even though it was not authorized or
appropriated.
The new facility will house the Joint Forces Headquarters, the Army
National Guard Emergency Operating Center, the 24th Medical Company,
the 105th Personnel Service Detachment, the Nebraska State Patrol
dispatch and communications systems and the Nebraska Emergency
Management Agency. Building a multipurpose facility on an existing
military installation increases security for all of the components.
Furthermore, housing several Federal, state and local agencies in one
facility allows the Department of Defense to save scarce military
construction funds. Also, bringing those various components within
close proximity would facilitate better coordination among the agencies
on issues of national and homeland security. Indeed, it is critically
important to enhance these relationships in the current post-September
11th environment. The authorization included in H.R. 4200 will allow
this important project to move forward.
In addition, this Member is pleased that $497,000 in design funds is
authorized in H.R. 4200 for a critically important runway repair at
Offutt Air Force Base which is immediately contiguous to the 1st
Congressional District of Nebraska. This repair project has been
championed by the distinguished gentleman from Nebraska (Mr. Terry),
who represents Offutt, with this Member, and the two U.S. Senators from
Nebraska.
Mr. Chairman, in closing, this Member urges his colleagues to support
H.R. 4200.
Mr. HUNTER. Mr. Chairman, I yield back the balance of my time.
Mr. SKELTON. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN pro tempore (Mr. Camp). All time for general debate has
expired.
Pursuant to the rule, the committee amendment in the nature of a
substitute printed in the bill is considered as an original bill for
the purpose of amendment and is considered read.
The text of the committee amendment in the nature of a substitute is
as follows:
H.R. 4200
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; findings.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
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--Program Matters
Sec. 111. Multiyear procurement authority for the light-weight 155-
millimeter howitzer program.
Sec. 112. DDG-51 modernization program.
Sec. 113. Repeal of authority for pilot program for flexible funding of
cruiser conversions and overhauls.
Sec. 114. Force protection for asymmetric threat environment.
Sec. 115. Allocation of equipment authorized by this title to be made
on basis of units deployed or preparing to deploy.
Sec. 116. Multiyear procurement authority for KC-767 tanker aircraft
acquisition program.
Sec. 117. Other matters relating to KC-767 tanker aircraft acquisition
program.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Future Combat Systems program strategy.
Sec. 212. Collaborative program for research and development of vacuum
electronics technologies.
Sec. 213. Annual Comptroller General report on Joint Strike Fighter
program.
Sec. 214. Amounts for United States Joint Forces Command to be derived
only from Defense-wide amounts.
Sec. 215. Authority of Director of Defense Research and Engineering to
award prizes for advanced technology achievements.
Sec. 216. Space Based Radar.
Sec. 217. Mark-54 Torpedo Product Improvement Program.
Subtitle C--Missile Defense
Sec. 221. Fielding of ballistic missile defense capabilities.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and Maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Sec. 304. Reimbursement of members of the Armed Forces who purchased
protective body armor during shortage of defense stocks
of body armor.
Subtitle B--Environmental Provisions
Sec. 311. Report regarding encroachment issues affecting Utah Test and
Training Range, Utah.
Subtitle C--Workplace and Depot Issues
Sec. 321. Simplification of annual reporting requirements concerning
funds expended for depot maintenance and repair
workloads.
Sec. 322. Repeal of annual reporting requirement concerning management
of depot employees.
Sec. 323. Public-private competition for work performed by civilian
employees of Department of Defense.
Sec. 324. Public-private competition pilot program.
Sec. 325. Sense of Congress on equitable legal standing for civilian
employees.
Sec. 326. Competitive sourcing reporting requirement.
Subtitle D--Information Technology
Sec. 331. Preparation of Department of Defense plan for transition to
Internet Protocol version 6.
Sec. 332. Defense business enterprise architecture, system
accountability, and conditions for obligation of funds
for defense business system modernization.
Sec. 333. Establishment of joint program office to improve
interoperability of battlefield management command and
control systems.
[[Page H3282]]
Subtitle E--Readiness Reporting Requirements
Sec. 341. Annual report on Department of Defense operation and
financial support for military museums.
Sec. 342. Report on Department of Defense programs for prepositioning
of material and equipment.
Subtitle F--Other Matters
Sec. 351. Extension of Arsenal Support Program Initiative.
Sec. 352. Limitation on preparation or implementation of Mid-Range
Financial Improvement Plan.
Sec. 353. Procurement of follow-on contracts for the operation of five
Champion-class T-5 tank vessels.
Sec. 354. Sense of Congress on America's National World War I Museum.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum
levels.
Sec. 403. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Sec. 404. Accounting and management of reserve component personnel
performing active duty or full-time National Guard duty
for operational support.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2005 limitation on number of non-dual status
technicians.
Subtitle C--Authorizations of Appropriations
Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--General and Flag Officer Matters
Sec. 501. Length of service for service chiefs.
Sec. 502. Repeal of requirement that Deputy Chiefs and Assistant Chiefs
of Naval Operations be selected from officers in the line
of the Navy.
Sec. 503. Increase in age limit for deferral of mandatory retirement
for up to 10 senior general and flag officers.
Sec. 504. Increased flexibility for voluntary retirement for military
officers.
Sec. 505. Repeal of requirement that no more than 50 percent of active
duty general and flag officers be in grades above
brigadier general and rear admiral (lower half).
Sec. 506. Revision to terms for assistants to the Chairman of the Joint
Chiefs of Staff for National Guard and Reserve matters.
Sec. 507. Succession for position of Chief, National Guard Bureau.
Sec. 508. Title of Vice Chief of the National Guard Bureau changed to
Director of the Joint Staff of the National Guard Bureau.
Sec. 509. Two-year extension of authority to waive requirement that
Reserve chiefs and National Guard Directors have
significant joint duty experience.
Sec. 510. Repeal of distribution requirements for Naval Reserve flag
officers.
Subtitle B--Other Officer Personnel Policy Matters
Sec. 511. Transition of active-duty list officer force to all regular
status.
Sec. 512. Mandatory retention on active duty to qualify for retirement
pay.
Sec. 513. Distribution in grade of Marine Corps Reserve officers in an
active status in grades below brigadier general
Sec. 514. Tuition assistance for officers.
Subtitle C--Reserve Component Matters
Sec. 521. Revision to statutory purpose of the reserve components.
Sec. 522. Improved access to reserve component members for enhanced
training.
Sec. 523. Status under disability retirement system for reserve members
released from active duty due to inability to perform
within 30 days of call to active duty.
Sec. 524. Federal civil service military leave for Reserve and National
Guard civilian technicians.
Sec. 525. Expanded educational assistance authority for officers
commissioned through ROTC program at military junior
colleges.
Sec. 526. Effect of appointment or commission as officer on eligibility
for Selected Reserve education loan repayment program for
enlisted members.
Sec. 527. Number of Starbase academies in a State.
Sec. 528. Comptroller General assessment of integration of active and
reserve components of the Navy.
Sec. 529. Operational activities conducted by the National Guard under
authority of title 32.
Sec. 530. Army program for assignment of active component advisers to
units of the Selected Reserve.
Subtitle D--Joint Officer Management
Sec. 531. Strategic plan to link joint officer development to overall
missions and goals of Department of Defense.
Sec. 532. Joint requirements for promotion to flag or general officer
grade.
Sec. 533. Clarification of tours of duty qualifying as a joint duty
assignment.
Sec. 534. Reserve joint special officer qualification requirements.
Subtitle E--Professional Military Education
Sec. 541. Improvement to professional military education in the
Department of Defense.
Sec. 542. Ribbons to recognize completion of joint professional
military education.
Sec. 543. Increase in number of private-sector civilians who may be
enrolled for instruction at National Defense University.
Sec. 544. Requirement for completion of Phase I joint professional
military education before promotion to colonel or Navy
captain.
Subtitle F--Other Education and Training Matters
Sec. 551. College First delayed enlistment program.
Sec. 552. Standardization of authority to confer degrees on graduates
of Community College of the Air Force with authority for
other schools of Air University.
Sec. 553. Change in titles of heads of the Naval Postgraduate School.
Sec. 554. Increase from two years to three years in period for which
educational leave of absence may be authorized.
Sec. 555. Correction to disparate treatment of disabilities sustained
during accession training.
Sec. 556. Prayer at military service academy activities.
Sec. 557. Revision to conditions on service of officers as service
academy superintendents.
Sec. 558. Codification of prohibition on imposition of certain charges
and fees at the service academies.
Sec. 559. Qualifications of the dean of the faculty of United States
Air Force Academy.
Subtitle G--Medals and Decorations and Special Promotions and
Appointments
Sec. 561. Separate military campaign medals to recognize service in
Operation Enduring Freedom and service in Operation Iraqi
Freedom.
Sec. 562. Eligibility of all uniformed services personnel for National
Defense Service Medal.
Sec. 563. Authority to appoint Brigadier General Charles E. Yeager,
United States Air Force (retired), to the grade of major
general on the retired list.
Sec. 564. Posthumous commission of William Mitchell in the grade of
major general in the Army.
Subtitle H--Military Justice Matters
Sec. 571. Review on how sexual offenses are covered by Uniform Code of
Military Justice.
Sec. 572. Service time not lost when confined in connection with trial
if confinement excused as unavoidable.
Sec. 573. Clarification of authority of military legal assistance
counsel to provide military legal assistance without
regard to licensing requirements.
Subtitle I--Administrative and Management Matters
Sec. 581. Three-year extension of limitation on reductions of personnel
of agencies responsible for review and correction of
military records.
Sec. 582. Staffing and funding for Defense Prisoner of War/Missing
Personnel office (DPMO).
Sec. 583. Permanent ID cards for retiree dependents age 70 and older.
Sec. 584. Authority to provide civilian clothing to members traveling
in connection with medical evacuation.
Sec. 585. Authority to accept donation of frequent traveler miles,
credits, and tickets to facilitate rest and recuperation
travel of deployed members of the Armed Forces and their
families.
Sec. 586. Limitation on amendment or cancellation of Department of
Defense directive relating to reasonable access to
military installations for certain personal commercial
solicitation.
Sec. 587. Annual identification of reasons for discharges from the
Armed Forces during preceding fiscal year.
Sec. 588. Authority for Federal recognition of National Guard
commissioned officers appointed from former Coast Guard
personnel.
Sec. 589. Study of blended wing concept for the Air Force.
Sec. 590. Continuation of impact aid assistance on behalf of dependents
of certain members despite change in status of member.
Subtitle J--Other Matters
Sec. 591. Employment preferences for spouses of certain Department of
Defense civilian employees subject to relocation
agreements.
Sec. 592. Repeal of requirement to conduct electronic voting
demonstration project for the Federal election to be held
in November 2004.
Sec. 593. Examination of sexual assault in the Armed Forces by the
defense task force established to examine sexual
harassment and violence at the military service
academies.
[[Page H3283]]
Sec. 594. Renewal of pilot program for treating GED and home school
diploma recipients as high school graduates for
determinations of eligibility for enlistment.
Sec. 595. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department
of Defense civilian employees.
Sec. 596. Senior Reserve Officer Training Corps and recruiter access at
institutions of higher education.
Sec. 597. Reports on transformation milestones.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2005.
Sec. 602. Authority to provide family separation basic allowance for
housing.
Sec. 603. Geographic basis for basic allowance for housing during short
changes of station for professional military education or
training.
Sec. 604. Immediate lump-sum reimbursement for unusual nonrecurring
expenses incurred by members serving outside continental
United States.
Sec. 605. Income replacement payments for Reserves experiencing
extended and frequent mobilization for active duty
service.
Sec. 606. Authority for certain members deployed in combat zones to
receive limited advances on their future basic pay.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of bonus and special pay authorities.
Sec. 612. Reduction in required service commitment to receive accession
bonus for registered nurses.
Sec. 613. Increase in maximum monthly rate authorized for hardship duty
pay.
Sec. 614. Termination of assignment incentive pay for members placed on
terminal leave.
Sec. 615. Consolidation of reenlistment and enlistment bonus
authorities for regular and reserve components.
Sec. 616. Revision of authority to provide foreign language proficiency
pay.
Sec. 617. Eligibility of reserve component members for critical skills
retention bonus and expansion of authority to provide
bonus.
Sec. 618. Eligibility of new reserve component officers for accession
or affiliation bonus for officers in critical skills.
Sec. 619. Eligibility of reserve component members for incentive bonus
for conversion to military occupational specialty to ease
personnel shortage.
Sec. 620. Availability of hazardous duty incentive pay for military
firefighters.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Expansion of travel and transportation allowances to assist
survivors of a deceased member to attend burial ceremony
of the member.
Sec. 632. Transportation of family members incident to the serious
illness or injury of members of the uniformed services.
Sec. 633. Reimbursement of members for certain lodging costs incurred
in connection with student dependent travel.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 641. Computation of benefits under Survivor Benefit Plan for
surviving spouses over age 62.
Sec. 642. Open enrollment period for Survivor Benefit Plan commencing
October 1, 2005.
Sec. 643. Source of funds for Survivor Benefit Plan annuities for
Department of Defense beneficiaries over age 62.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits
Sec. 651. Consolidation and reorganization of legislative provisions
regarding defense commissary system and exchanges and
other morale, welfare, and recreation activities.
Sec. 652. Consistent State treatment of Department of Defense
Nonappropriated Fund Health Benefits Program.
Sec. 653. Cooperation and assistance for qualified scouting
organizations serving dependents of members of the Armed
Forces and civilian employees overseas.
Subtitle F--Other Matters
Sec. 661. Repeal of requirement that members entitled to basic
allowance for subsistence pay subsistence charges while
hospitalized.
Sec. 662. Clarification of education loans qualifying for education
loan repayment program for reserve component health
professions officers.
Sec. 663. Survey and analysis of effect of extended and frequent
mobilization of Reservists for active duty service on
Reservist income.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Enhanced Benefits for Reserves
Sec. 701. Demonstration project for TRICARE coverage for Ready Reserve
members.
Sec. 702. Comptroller General report on the cost and feasibility of
providing private health insurance stipends for members
of the Ready Reserves.
Sec. 703. Improvement of medical services for activated members of the
Ready Reserve and their families.
Sec. 704. Modification of waiver of certain deductibles under TRICARE
program.
Sec. 705. Authority for payment by United States of additional amounts
billed by health care providers to activated Reserve
members.
Sec. 706. Extension of transitional health care benefits after
separation from active duty.
Subtitle B--Other Benefits Improvements
Sec. 711. Coverage of certain young children under TRICARE dental
program.
Sec. 712. Comptroller General report on provision of health and support
services for exceptional family member program enrollees.
Sec. 713. Exceptional eligibility for TRICARE prime remote.
Sec. 714. Transition to home health care benefit under sub-acute care
program.
Sec. 715. Requirement relating to prescription drug benefits for
medicare-eligible enrollees under defense health care
plans.
Sec. 716. Professional accreditation of military dentists.
Sec. 717. Addition of certain unremarried former spouses to persons
eligible for dental insurance plan of retirees of the
uniformed services.
Sec. 718. Waiver of collection of payments due from certain persons
unaware of loss of CHAMPUS eligibility.
Subtitle C--Planning, Programming, and Management
Sec. 721. Pilot program for transformation of health care delivery.
Sec. 722. Study of provision of travel reimbursement to hospitals for
certain military disability retirees.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Rapid acquisition authority to respond to combat emergencies.
Sec. 802. Defense acquisition workforce changes.
Sec. 803. Limitation on task and delivery order contracts.
Sec. 804. Funding for contract cancellation ceilings for certain
multiyear procurement contracts.
Sec. 805. Increased threshold for requiring contractors to provide
specified employee information to cooperative agreement
holders.
Sec. 806. Extension of authority for use of simplified acquisition
procedures.
Sec. 807. Authority to adjust acquisition-related dollar thresholds for
inflation.
Subtitle B--United States Defense Industrial Base Provisions
Sec. 811. Defense trade reciprocity.
Sec. 812. Amendments to domestic source requirements.
Sec. 813. Three-year extension of restriction on acquisition of
polyacrylonitrile (PAN) carbon fiber from foreign
sources.
Sec. 814. Grant program for defense contractors to implement strategies
to avoid outsourcing of jobs.
Sec. 815. Preference for domestic freight forwarding services.
Subtitle C--Other Acquisition Matters
Sec. 821. Sustainment and modernization plans for existing systems
while replacement systems are under development.
Sec. 822. Review and demonstration project relating to contractor
employees.
Sec. 823. Defense acquisition workforce limitation and reports.
Sec. 824. Provision of information to Congress to enhance transparency
in contracting.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Change in title of Secretary of the Navy to Secretary of the
Navy and Marine Corps.
Sec. 902. Transfer of Center for the Study of Chinese Military Affairs
from National Defense University to United States-China
Economic and Security Review Commission.
Sec. 903. Transfer to Secretary of the Army of responsibility for
Assembled Chemical Weapons Alternatives Program.
Sec. 904. Modification of obligated service requirements under National
Security Education Program.
Sec. 905. Change of membership of certain councils.
Sec. 906. Actions to prevent the abuse of detainees.
Sec. 907. Responses to congressional inquiries.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Budget justification documents for operation and
maintenance.
Sec. 1003. Retention of fees from intellectual property licenses.
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Sec. 1004. Authority to waive claims of the United States when amounts
recoverable are less than costs of collection.
Sec. 1005. Repeal of funding restrictions concerning development of
medical countermeasures against biological warfare
threats.
Sec. 1006. Report on budgeting for exchange rates for foreign currency
fluctuations.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Authority for award of contracts for ship dismantling on
net-cost basis.
Sec. 1012. Independent study to assess cost effectiveness of the Navy
ship construction program.
Sec. 1013. Authority to transfer specified former naval vessels to
certain foreign countries.
Sec. 1014. Limitation on leasing of foreign-built vessels.
Subtitle C--Sunken Military Craft
Sec. 1021. Preservation of title to sunken military craft and
associated contents.
Sec. 1022. Prohibitions.
Sec. 1023. Permits.
Sec. 1024. Penalties.
Sec. 1025. Liability for damages.
Sec. 1026. Relationship to other laws.
Sec. 1027. Encouragement of agreements with foreign countries.
Sec. 1028. Definitions.
Subtitle D--Counter-Drug Activities
Sec. 1031. Continuation of authority to use Department of Defense funds
for unified counterdrug and counterterrorism campaign in
Colombia.
Sec. 1032. Limitation on number of United States military personnel in
Colombia.
Subtitle E--Reports
Sec. 1041. Study of continued requirement for two-crew manning for
ballistic missile submarines.
Sec. 1042. Study of effect on defense industrial base of elimination of
United States domestic firearms manufacturing base.
Sec. 1043. Study of extent and quality of training provided to members
of the Armed Services to prepare for post-conflict
operations.
Subtitle F--Security Matters
Sec. 1051. Use of National Driver Register for personnel security
investigations and determinations.
Sec. 1052. Standards for disqualification from eligibility for
Department of Defense security clearance .
Subtitle G--Transportation-Related Matters
Sec. 1061. Use of military aircraft to transport mail to and from
overseas locations.
Sec. 1062. Reorganization and clarification of certain provisions
relating to control and supervision of transportation
within the Department of Defense.
Sec. 1063. Determination of whether private air carriers are controlled
by United States citizens for purposes of eligibility for
Government contracts for transportation of passengers or
supplies.
Sec. 1064. Evaluation of whether to prohibit certain offers for
transportation of security-sensitive cargo.
Subtitle H--Other Matters
Sec. 1071. Two-year extension of authority of the Secretary of Defense
to engage in commercial activities as security for
intelligence collection activities abroad.
Sec. 1072. Assistance for study of feasibility of biennial
international air trade show in the United States and for
initial implementation.
Sec. 1073. Technical and clerical amendments.
Sec. 1074. Commission on the long-term implementation of the new
strategic posture of the United States.
Sec. 1075. Liability protection for certain Department of Defense
volunteers working in the maritime environment.
Sec. 1076. Transfer of historic F3A-1 Brewster Corsair aircraft.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Payment of Federal employee health benefit premiums for
mobilized Federal employees.
Sec. 1102. Foreign language proficiency pay.
Sec. 1103. Pay parity for civilian intelligence personnel.
Sec. 1104. Pay parity for senior executives in nonappropriated fund
instrumentalities.
Sec. 1105. Prohibition of unauthorized wearing or use of civilian
medals or decorations.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Matters Relating to Iraq, Afghanistan, and Global War on
Terrorism
Sec. 1201. Documentation of conditions in Iraq under former dictatorial
government as part of transition to post-dictatorial
government.
Sec. 1202. Support of military operations to combat terrorism.
Sec. 1203. Commanders' Emergency Response Program.
Sec. 1204. Status of Iraqi security forces.
Sec. 1205. Guidance and report required on contractors supporting
deployed forces in Iraq.
Sec. 1206. Findings and sense of Congress concerning Army Specialist
Joseph Darby.
Subtitle B--Other Matters
Sec. 1211. Assignment of allied naval personnel to submarine safety
programs.
Sec. 1212. Expansion of entities of the People's Republic of China
subject to certain presidential authorities when
operating in the United States.
Sec. 1213. Report by President on Global Peace Operations Initiative.
Sec. 1214. Procurement sanctions against foreign persons that transfer
certain defense articles and services to the People's
Republic of China.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Temporary authority to waive limitation on funding for
chemical weapons destruction facility in Russia.
TITLE XIV--EXPORT CONTROL AND COUNTERPROLIFERATION MATTERS
Subtitle A--Export Controls
Sec. 1401. Definitions under Arms Export Control Act.
Sec. 1402. Exemption from licensing requirements for export of
significant military equipment.
Sec. 1403. Cooperative projects with friendly foreign countries.
Sec. 1404. Licensing requirement for export of militarily critical
technologies.
Sec. 1405. Control of exports of United States weapons technology to
the People's Republic of China.
Sec. 1406. Strengthening international export controls.
Subtitle B--Counterproliferation Matters
Sec. 1411. Defense international counterproliferation programs.
Sec. 1412. Defense counterproliferation fellowship program.
Subtitle C--Initiatives Relating to Countries of Former Soviet Union
Sec. 1421. Silk Road initiative.
Sec. 1422. Teller-Kurchatov nonproliferation fellowships.
Sec. 1423. Collaboration to reduce the risks of a launch of Russian
nuclear weapons.
TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI
FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1501. Purpose.
Subtitle A--Authorization of Appropriations
Sec. 1511. Army procurement.
Sec. 1512. Navy and Marine Corps procurement.
Sec. 1513. Air Force procurement.
Sec. 1514. Defense-wide activities procurement.
Sec. 1515. Operation and maintenance.
Sec. 1516. Defense health program.
Sec. 1517. Military personnel.
Sec. 1518. Treatment as additional authorizations.
Sec. 1519. Transfer authority.
Sec. 1520. Designation of emergency authorizations.
Subtitle B--Personnel Provisions
Sec. 1531. Three-year increase in active Army strength levels.
Sec. 1532. Three-year increase in active Marine Corps strength levels.
Sec. 1533. Extension of increased rates for imminent danger pay and
family separation allowance.
Subtitle C--Financial Management Matters
Sec. 1541. Revised funding methodology for military retiree health care
benefits.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2004 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year
2003 project.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
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Sec. 2402. Improvements to military family housing units.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 2002
projects.
Sec. 2703. Extension and renewal of authorizations of certain fiscal
year 2001 projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Increase in certain thresholds for carrying out unspecified
minor military construction projects.
Sec. 2802. Assessment of vulnerability of military installations to
terrorist attack and annual report on military
construction requirements related to antiterrorism and
force protection.
Sec. 2803. Change in threshold for congressional notification regarding
use of operation and maintenance funds for facility
repair.
Sec. 2804. Reporting requirements regarding military family housing
requirements for general officers and flag officers.
Sec. 2805. Congressional notification of deviations from authorized
cost variations for military construction projects and
military family housing projects.
Sec. 2806. Repeal of limitation on use of alternative authority for
acquisition and improvement of military family housing.
Sec. 2807. Temporary authority to accelerate design efforts for
military construction projects carried out using design-
build selection procedures.
Sec. 2808. Exchange or sale of reserve component facilities to acquire
replacement facilities.
Sec. 2809. One-year extension of temporary, limited authority to use
operation and maintenance funds for construction projects
outside the United States.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Increase in certain thresholds for reporting real property
transactions.
Sec. 2812. Reorganization of existing administrative provisions
relating to real property transactions.
Sec. 2813. Treatment of money rentals from golf course at Rock Island
Arsenal, Illinois.
Sec. 2814. Number of contracts authorized department-wide under
demonstration program on reduction in long-term facility
maintenance costs.
Sec. 2815. Repeal of Commission on Review of Overseas Military Facility
Structure of the United States.
Sec. 2816. Designation of Airmen Leadership School at Luke Air Force
Base, Arizona, in honor of John J. Rhodes, a former
minority leader of the House of Representatives.
Sec. 2817. Elimination of reversionary interests clouding United States
title to property used as Navy homeports.
Sec. 2818. Report on real property disposal at Marine Corps Air
Station, El Toro, California.
Subtitle C--Base Closure and Realignment
Sec. 2821. Two-year postponement of 2005 base closure and realignment
round and submission of reports regarding future
infrastructure requirements for the armed forces.
Sec. 2822. Establishment of specific deadline for submission of
revisions to force-structure plan and infrastructure
inventory for next base closure round.
Sec. 2823. Specification of final selection criteria for next base
closure round.
Sec. 2824. Requirement for unanimous vote of Defense Base Closure and
Realignment Commission to add to or otherwise expand
closure and realignment recommendations made by Secretary
of Defense.
Sec. 2825. Adherence to certain authorities on preservation of military
depot capabilities during any subsequent round of base
closures and realignments.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2831. Transfer of administrative jurisdiction, Defense Supply
Center, Columbus, Ohio.
Sec. 2832. Land conveyance, Fort Hood, Texas.
Sec. 2833. Land conveyance, Army National Guard Facility, Seattle,
Washington.
Part II--Navy Conveyances
Sec. 2841. Transfer of jurisdiction, Nebraska Avenue Naval Complex,
District of Columbia.
Sec. 2842. Land conveyance, Navy property, former Fort Sheridan,
Illinois.
Sec. 2843. Land exchange, Naval Air Station, Patuxent River, Maryland.
Part III--Air Force Conveyances
Sec. 2851. Land exchange, Maxwell Air Force Base, Alabama.
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. Extension of authority for appointment of certain
scientific, engineering, and technical personnel.
Sec. 3112. Requirements for baseline of projects under Facilities and
Infrastructure Recapitalization Program.
Subtitle C--Other Matters
Sec. 3131. Transfers and reprogrammings of National Nuclear Security
Administration funds.
Sec. 3132. National Academy of Sciences study on management by
Department of Energy of high-level radioactive waste.
Sec. 3133. Contract to review Waste Isolation Pilot Plant, New Mexico.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Relaxation of quantity restrictions on disposal of manganese
ferro in National Defense Stockpile.
Sec. 3303. Revision of earlier authority to dispose of certain
materials in National Defense Stockpile.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for Maritime Administration.
Sec. 3502. Extension of authority to provide war risk insurance for
merchant marine vessels.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section
101(a)(16) of title 10, United States Code.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal
year 2005 for procurement for the Army as follows:
(1) For aircraft, $2,805,941,000.
(2) For missiles, $1,414,321,000.
(3) For weapons and tracked combat vehicles,
$1,739,695,000.
(4) For ammunition, $1,729,402,000.
(5) For other procurement, $4,313,640,000.
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, $8,912,667,000.
(2) For weapons, including missiles and torpedoes,
$2,253,454,000.
(3) For ammunition, $870,840,000.
(4) For shipbuilding and conversion, $10,120,027,000.
(5) For other procurement, $4,876,725,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2005 for procurement for the
Marine Corps in the amount of $1,315,103,000.
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, $13,649,174,000.
(2) For ammunition, $1,396,457,000.
(3) For missiles, $4,638,313,000.
(4) For other procurement, $13,229,257,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal
year 2005 for Defense-wide procurement in the amount of
$2,950,702,000.
Subtitle B--Program Matters
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR THE LIGHT-
WEIGHT 155-MILLIMETER HOWITZER PROGRAM.
The Secretary of the Army and the Secretary of the Navy
may, in accordance with section 2306b of title 10, United
States Code, jointly enter into a multiyear contract,
beginning with the fiscal year 2005 program year, for
procurement of the light-weight 155-millimeter howitzer.
SEC. 112. DDG-51 MODERNIZATION PROGRAM.
(a) Acceleration of Modernization Program.--The Secretary
of the Navy shall accelerate the program for in-service
modernization
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of the DDG-51 class of destroyers. As part of that
modernization program, the Secretary shall include additional
emphasis on determining a means to reduce crew size from
approximately 300 to about 200.
(b) Report.--Not later than March 31, 2005, the Secretary
of the Navy shall submit to the congressional defense
committees a report on the steps taken as of that date to
carry out subsection (a).
SEC. 113. REPEAL OF AUTHORITY FOR PILOT PROGRAM FOR FLEXIBLE
FUNDING OF CRUISER CONVERSIONS AND OVERHAULS.
Section 126 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1410; 10
U.S.C. 7291 note) is repealed.
SEC. 114. FORCE PROTECTION FOR ASYMMETRIC THREAT ENVIRONMENT.
(a) Requirement for Asymmetric Threat Assessment.--(1) The
Secretary of Defense shall require the Secretary of each
military department to perform an assessment of the
survivability and suitability against asymmetrical threats of
each of the following military systems under the jurisdiction
of that Secretary:
(A) Each manned ground system or war-fighter survivability
system that may be required to deploy in an asymmetrical
threat environment.
(B) Each manned airborne system that may be required to
deploy in an asymmetrical threat environment.
(2) For each system covered by paragraph (1), the Secretary
concerned shall establish the key performance parameters for
survivability and suitability against asymmetric threats.
(3) The assessments under paragraph (1) shall be completed
not later than July 1, 2005.
(4) The Secretary of each military department shall review
annually the assessments under paragraph (1) conducted by
that Secretary to ensure that the assessments remains
relevant to the asymmetric threat environment.
(b) Requirement for Force Protection.--(1) The Secretary of
Defense shall require the Secretary of each military
department, for each system covered by subsection (a)(1)
under that Secretary's jurisdiction, either to--
(A) take each of the force protection or survivability
steps specified in paragraph (2); or
(B) restrict the system from deployment to an asymmetrical
threat environment.
(2) The force protection or survivability steps for a
system covered by subsection (a)(1) are the following:
(A) Development of force protection or survivability
enhancements for the system that meet the key performance
parameters established for that system under subsection
(a)(2).
(B) Budgeting for in-service modification programs for the
system to provide force protection and survivability
enhancements developed under subparagraph (A).
(C) Development of tactics, techniques, and procedures for
the system to maximize force protection and survivability.
(c) Waiver.--The Secretary of Defense may waive the
applicability of subsection (b) to a system covered by
subsection (a)(1) if the Secretary determines that, but for
such a waiver, the Department would be unable to meet
national security objectives. Whenever the Secretary makes
such a determination and authorizes such a waiver, the
Secretary shall submit notice of such waiver and of the
Secretary's determination and the reasons therefor in writing
to the congressional defense committees.
(d) Requirement for New Development Military Acquisition
Programs.--The Secretary of Defense shall require the
Secretary of each military department, for each military
acquisition program that has not entered low-rate initial
production as of the date of the enactment of this Act, to
include in the development of that program--
(1) as part of the system requirements development,
assessments of war-fighter survivability and of system
suitability against asymmetrical threats; and
(2) as part of the documentation of system requirements,
requirements for key performance parameters for force
protection and survivability.
(e) Asymmetrical Threat Environment.--For purposes of this
section, the term ``asymmetrical threat environment'', with
respect to a manned system, means a security, stability, or
peacekeeping operation in which the system is deployed or any
other such environment in which an asymmetrical threat may
exist (or, in the case of a manned airborne system, another
such environment in which airborne operations would subject
the system to a ground-based asymmetrical threat).
SEC. 115. ALLOCATION OF EQUIPMENT AUTHORIZED BY THIS TITLE TO
BE MADE ON BASIS OF UNITS DEPLOYED OR PREPARING
TO DEPLOY.
The Secretary of Defense shall provide that, in the
allocation to operational units of equipment acquired using
funds authorized to be appropriated by this title, priority
shall be given to units that are deployed to, or preparing to
deploy to, Operation Iraqi Freedom or Operation Enduring
Freedom, regardless of the status of those units as active,
Guard, or reserve component units.
SEC. 116. MULTIYEAR PROCUREMENT AUTHORITY FOR KC-767 TANKER
AIRCRAFT ACQUISITION PROGRAM.
(a) Multiyear Procurement Authority.--(1) The Secretary of
the Air Force may, in accordance with section 2306b of title
10, United States Code, enter into a multiyear contract,
beginning with the fiscal year 2005 program year, for
procurement of 80 KC-767 tanker aircraft.
(2) Notwithstanding subsection (k) of section 2306b of
title 10, United States Code, a contract under this
subsection may be for any period not in excess of eight
program years.
(b) Limitation.--Subsection (b) of section 135 of the
National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 117 Stat. 1413; 10 U.S.C. 2401a note) is
repealed.
(c) Relationship to Previous Law.--The multiyear
procurement authority in subsection (a) may not be executed
under section 135 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1413; 10
U.S.C. 2401a note) or under section 8159 of the Department of
Defense Appropriations Act, 2002 (division A of Public Law
107-117).
SEC. 117. OTHER MATTERS RELATING TO KC-767 TANKER AIRCRAFT
ACQUISITION PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) aerial refueling capability for the Armed Forces is a
critical combat force multiplier;
(2) the Nation must expeditiously proceed with a program to
replace the Air Force's aging fleet of aerial refueling
tankers;
(3) in pursuing an aerial refueling tanker program, the
Department of Defense should take full advantage of the
United States commercial aircraft production base; and
(4) anyone suspected of involvement in improper or illegal
activities associated with such a program should be
investigated and, if warranted, prosecuted to the fullest
extent of the law.
(b) Requirement for Renegotiation of Contract.--The
Secretary of the Air Force shall enter into one or more
contracts for the Air Force multiyear tanker aircraft
program, provided that any such contract is negotiated after
June 1, 2004.
(c) Review by Outside Panel.--(1) The Secretary of Defense
shall establish a panel of experts from outside the
Department of Defense to review any proposed contract for the
multiyear tanker aircraft program. The panel shall be
comprised of individuals who, by reason of education,
training, or experience, have expertise relevant to the
evaluation of a proposed contract for the lease or
procurement of aircraft under that program.
(2) The panel shall review any proposed contract for the
multiyear tanker aircraft program to assess, and assist the
Secretary of the Air Force in determining, whether the Air
Force would under that contract obtain the best value for
funds expended. The panel shall serve in whatever manner the
Secretary of Defense determines is appropriate to provide an
independent review of any such proposed contract. The
Secretary shall provide for the panel to make a determination
of, and to advise the Secretary of the Air Force on, what
would constitute a fair and reasonable contract for that
program.
(d) Report.--The Secretary of Defense shall provide for the
panel established under subsection (c) to submit a report
providing the results of its review to the Secretary of the
Air Force and the congressional defense committees.
(e) Multiyear Tanker Aircraft Program Defined.--In this
section, the term ``multiyear tanker aircraft program'' means
the program for--
(1) lease of no more than 20 aerial refueling aircraft for
the Air Force authorized under section 8159 of the Department
of Defense Appropriations Act, 2002 (division A of Public Law
107-117; 115 Stat. 2284), subject to section 135(a) of the
National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 117 Stat. 1413); and
(2) procurement of no more than 80 KC-767 tanker aircraft
for which a multiyear procurement contract is authorized by
section 116(a) of this Act.
(f) Interpretation.--Section 134 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136;
117 Stat. 1412) is amended by adding at the end the following
new subsection:
``(c) Interpretation.--Nothing in subsection (b) or section
1111 of the Emergency Supplemental Appropriations Act for
Defense and for the Reconstruction of Iraq and Afghanistan,
2004 (Public Law 108-106; 117 Stat. 1215) is intended to
prohibit the Secretary of the Air Force from executing the
program described in section 135(a) of this Act and section
116 of the National Defense Authorization Act for Fiscal Year
2005.''.
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, $9,478,164,000.
(2) For the Navy, $16,047,841,000.
(3) For the Air Force, $21,527,967,000.
(4) For Defense-wide activities, $21,074,389,000, of which
$305,135,000 is authorized for the Director of Operational
Test and Evaluation.
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.
(a) Fiscal Year 2005.--Of the amounts authorized to be
appropriated by section 201, $11,067,698,000 shall be
available for the Defense Science and Technology Program,
including basic research, applied research, and advanced
technology development projects.
(b) Basic Research, Applied Research, and Advanced
Technology Development Defined.--For purposes of this
section, the term ``basic research, applied research, and
advanced technology development'' means work funded in
program elements for defense research and development under
Department of Defense category 6.1, 6.2, or 6.3.
[[Page H3287]]
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. FUTURE COMBAT SYSTEMS PROGRAM STRATEGY.
(a) Program Strategy Required.--The Secretary of the Army
shall establish and implement a program strategy for the
Future Combat Systems acquisition program of the Army. The
purpose of the program strategy shall be to provide an
effective, affordable, producible, and supportable military
capability with a realistic schedule and a robust cost
estimate.
(b) Elements of Program Strategy.--The program strategy
shall--
(1) require the release, at the design readiness review, of
not less than 90 percent of engineering drawings for the
building of prototypes;
(2) require, before facilitating production or contracting
for items with long lead times, that an acceptable
demonstration be carried out of the performance of the
information network, including the performance of the Joint
Tactical Radio System and the Warfighter Information Network-
Tactical; and
(3) require, before the initial production decision, that
an acceptable demonstration be carried out of the collective
capability of each system to meet system-of-systems
requirements when integrated with the information network.
(c) Required Submissions to Congress.--Before convening the
Milestone B update for the Future Combat Systems acquisition
program required by the Future Combat Systems acquisition
decision memorandum, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall submit to
Congress each of the following documents:
(1) The independent cost estimate with respect to the
program prepared by the cost analysis improvement group of
the Office of the Secretary of Defense.
(2) A report, prepared by an independent panel, on the
maturity levels of the critical technologies with respect to
the program, including an assessment of those technologies
that are likely to require a decision to use an alternative
approach.
(3) A report, prepared by the chief information officer of
the Army, describing--
(A) the status of the development and integration of the
network and the command, control, computers, communications,
intelligence, surveillance, and reconnaissance components;
and
(B) the progress made toward meeting the requirements for
network-centric capabilities as set forth by such officer.
(4) A report identifying the key performance parameters
with respect to the program, with all objectives and
thresholds quantified, together with the supporting
analytical rationale.
(d) Limitation on Funding.--(1) Except as provided in
paragraph (2), the Secretary of the Army may not obligate,
from amounts made available for fiscal year 2005, more than
$2,200,000,000 for the Future Combat Systems acquisition
program.
(2) The limitation in paragraph (1) shall not apply after
the Secretary of the Army submits to Congress the Secretary's
certification that the Secretary has established and
implemented the program strategy required by subsection (a).
SEC. 212. COLLABORATIVE PROGRAM FOR RESEARCH AND DEVELOPMENT
OF VACUUM ELECTRONICS TECHNOLOGIES.
(a) Program Required.--The Secretary of Defense shall
establish a program for research and development in advanced
vacuum electronics to meet the requirements of the Department
of Defense electromagnetic systems.
(b) Description of Program.--The program under subsection
(a) shall be carried out collaboratively by the Director of
Defense Research and Engineering, the Secretary of the Navy,
the Secretary of the Air Force, the Secretary of the Army,
and other appropriate elements of the Department of Defense.
The program shall include the following activities:
(1) Activities needed for development and maturation of
advanced vacuum electronics technologies needed to meet the
requirements of the Department of Defense.
(2) Identification of legacy and developmental
electromagnetic systems for use of advanced vacuum
electronics under the program.
(c) Report.--Not later than January 31, 2005, the Director
of Defense Research and Engineering shall submit to the
congressional defense committees a report on the
implementation of the program under subsection (a). The
report shall include the following:
(1) Identification of the officer to have lead
responsibility for carrying out the program.
(2) A description of the management plan for the program
and any agreements relating to that plan.
(3) A schedule for the program.
(4) Identification of the funding required for fiscal year
2006 and for the future-years defense program to carry out
the program.
(5) A list of program capability goals and objectives.
(d) Funding.--Of the funds authorized to be appropriated in
section 201--
(1) $13,500,000 shall be available in program element
62771N for applied research in vacuum electronics; and
(2) $5,000,000 shall be available in program element 63771N
for advanced technology development in vacuum electronics.
SEC. 213. ANNUAL COMPTROLLER GENERAL REPORT ON JOINT STRIKE
FIGHTER PROGRAM.
(a) Annual GAO Review.--The Comptroller General shall
conduct an annual review of the Joint Strike Fighter aircraft
program and shall, not later than March 15 of each year,
submit to Congress a report on the results of the most recent
review. With each such report, the Comptroller General shall
submit a certification as to whether the Comptroller General
has had access to sufficient information to enable the
Comptroller General to make informed judgments on the matters
covered by the report.
(b) Matters to Be Included.--Each report on the Joint
Strike Fighter aircraft program under subsection (a) shall
include the following with respect to system development and
demonstration under the program:
(1) The extent to which such system development and
demonstration is meeting established goals, including the
goals established for performance, cost, and schedule.
(2) The plan for such system development and demonstration
(leading to production) for the fiscal year that begins in
the year in which the report is submitted.
(3) The Comptroller General's conclusion regarding whether
such system development and demonstration (leading to
production) is likely to be completed at a total cost not in
excess of the amount specified (or to be specified) for such
purpose in the Selected Acquisition report for the Joint
Strike Fighter aircraft program under section 2432 of title
10, United States Code, for the first quarter of the fiscal
year during which the report of the Comptroller General is
submitted.
(c) Requirement to Support Annual GAO Review.--The
Secretary of Defense and the prime contractor for the Joint
Strike Fighter aircraft program shall provide to the
Comptroller General such information on that program as the
Comptroller General considers necessary to carry out the
responsibilities of the Comptroller General under this
section, including such information as is necessary for the
purposes of subsection (b)(3).
(d) Termination.--No report is required under this section
after the report that, under subsection (a), is required to
be submitted not later than March 15, 2009.
SEC. 214. AMOUNTS FOR UNITED STATES JOINT FORCES COMMAND TO
BE DERIVED ONLY FROM DEFENSE-WIDE AMOUNTS.
(a) In General.--Chapter 9 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 232. United States Joint Forces Command: amounts for
research, development, test, and evaluation to be derived
only from Defense-wide amounts
``(a) Requirement.--Amounts for research, development,
test, and evaluation for the United States Joint Forces
Command shall be derived only from amounts made available to
the Department of Defense for Defense-wide research,
development, test, and evaluation.
``(b) Separate Display in Budget.--Any amount in the budget
submitted to Congress under section 1105 of title 31 for any
fiscal year for research, development, test, and evaluation
for the United States Joint Forces Command shall be set forth
under the account of the Department of Defense for Defense-
wide research, development, test, and evaluation.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``232. United States Joint Forces Command: amounts for research,
development, test, and evaluation to be derived only from
Defense-wide amounts.''.
SEC. 215. AUTHORITY OF DIRECTOR OF DEFENSE RESEARCH AND
ENGINEERING TO AWARD PRIZES FOR ADVANCED
TECHNOLOGY ACHIEVEMENTS.
Section 2374a(a) of title 10, United States Code, is
amended by striking ``acting through the Director of the
Defense Advanced Research Projects Agency'' and inserting
``acting through the Director of Defense Research and
Engineering''.
SEC. 216. SPACE BASED RADAR.
(a) Limitation.--In carrying out the Space Based Radar
program, the Secretary of Defense may not authorize that
program to proceed into the system development and
procurement phase referred to as Milestone B until the
Secretary--
(1) submits to the congressional defense committees, the
Permanent Select Committee on Intelligence of the House of
Representatives, and the Select Committee on Intelligence of
the Senate a report described in subsection (b); and
(2) a period of 30 days has elapsed after the date on which
such report is submitted.
(b) Report.--A report under this subsection is a report on
the Space Based Radar program in which the Secretary of
Defense sets forth the following with respect to that
program:
(1) A description of the technical system concept selected.
(2) A description of the concept of operations associated
with the technical system concept selected.
(3) An independent cost estimate for development and
procurement under the program.
(4) The acquisition strategy for the program.
SEC. 217. MARK-54 TORPEDO PRODUCT IMPROVEMENT PROGRAM.
Of the amount provided in section 201 for research,
development, test, and evaluation for the Navy, $2,000,000
within the budget line designated as line 120 shall be
available for the Mark-54 Torpedo Product Improvement
Program.
Subtitle C--Ballistic Missile Defense
SEC. 221. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.
(a) Authority.--Funds described in subsection (b) may, upon
approval by the Secretary of Defense, be used for the
development and fielding of ballistic missile defense
capabilities.
(b) Covered Funds.--Subsection (a) applies to funds
appropriated for fiscal year 2005 or fiscal year 2006 for
research, development, test, and evaluation for the Missile
Defense Agency.
[[Page H3288]]
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SECTION 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, $25,838,611,000.
(2) For the Navy, $29,523,490,000.
(3) For the Marine Corps, $3,637,615,000.
(4) For the Air Force, $27,143,566,000.
(5) For Defense-wide activities, $17,317,406,000.
(6) For the Army Reserve, $2,003,728,000.
(7) For the Naval Reserve, $1,240,038,000.
(8) For the Marine Corps Reserve, $188,696,000
(9) For the Air Force Reserve, $2,226,790,000
(10) For the Army National Guard, $4,425,686,000.
(11) For the Air National Guard, $4,448,938,000.
(12) For the United States Court of Appeals for the Armed
Forces, $10,825,000.
(13) For Environmental Restoration, Army, $400,948,000.
(14) For Environmental Restoration, Navy, $266,820,000.
(15) For Environmental Restoration, Air Force,
$397,368,000.
(16) For Environmental Restoration, Defense-wide,
$23,684,000
(17) For Environmental Restoration, Formerly Used Defense
Sites, $216,516,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $59,000,000.
(19) For Cooperative Threat Reduction programs,
$409,200,000.
(20) For the Overseas Contingency Operations Transfer Fund,
$5,000,000.
(21) For the Defense Industrial Base Capabilities Fund,
$50,000,000
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2005 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds in
amounts as follows:
(1) For the Defense Working Capital Funds, $372,886,000.
(2) For the National Defense Sealift Fund, $1,219,252,000.
(3) For the Defense Working Capital Fund, Defense
Commissary, $1,175,000,000
SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) Defense Health Program.--Funds are hereby authorized to
be appropriated for the Department of Defense for fiscal year
2005 for expenses, not otherwise provided for, for the
Defense Health Program, $17,811,586,000, of which--
(1) $17,374,544,000 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, $1,371,990,000, of which--
(A) $1,138,801,000 is for Operation and Maintenance;
(B) $154,209,000 is for Research, Development, Test, and
Evaluation; and
(C) $78,980,000 is for Procurement.
(2) Amounts authorized to be appropriated under paragraph
(1) are authorized for--
(A) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(B) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
(c) Drug Interdiction and Counter-Drug Activities, Defense-
wide.--Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2005 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, $852,697,000.
(d) Defense Inspector General.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal
year 2005 for expenses, not otherwise provided for, for the
Office of the Inspector General of the Department of Defense,
$193,562,000, of which--
(1) $191,362,000 is for Operation and Maintenance;
(2) $2,100,000 is for Research, Development, Test, and
Evaluation; and
(3) $100,000 is for Procurement.
SEC. 304. REIMBURSEMENT OF MEMBERS OF THE ARMED FORCES WHO
PURCHASED PROTECTIVE BODY ARMOR DURING SHORTAGE
OF DEFENSE STOCKS OF BODY ARMOR.
(a) Reimbursement Authorized.--The Secretary of Defense may
reimburse a member of the Armed Forces for the cost of
protective body armor purchased by the member, or by another
person on behalf of the member, for use by the member while
deployed in connection with Operation Noble Eagle, Operation
Enduring Freedom, or Operation Iraqi Freedom if the member
was not issued protective body armor before the member became
engaged in operations in areas or situations described in
section 310(a)(2) of title 37, United States Code.
(b) Duration of Authority.--Reimbursement may be provided
under subsection (a) for protective body armor purchased
during the period beginning on September 11, 2001, and ending
on December 31, 2003. Not later than 60 days after the date
of the enactment of this Act, the Secretary shall implement
regulations to expedite the provision of such reimbursement.
Subtitle B--Environmental Provisions
SEC. 311. REPORT REGARDING ENCROACHMENT ISSUES AFFECTING UTAH
TEST AND TRAINING RANGE, UTAH.
(a) Report Required.--The Secretary of the Air Force shall
prepare a report that outlines current and anticipated
encroachments on the use and utility of the special use
airspace of the Utah Test and Training Range in the State of
Utah, including encroachments brought about through actions
of other Federal agencies. The Secretary shall include such
recommendations as the Secretary considers appropriate
regarding any legislative initiatives necessary to address
encroachment problems identified by the Secretary in the
report.
(b) Submission of Report.--Not later than one year after
the date of the enactment of this Act, the Secretary shall
submit the report to the Committee on Armed Services of the
House of Representatives and the Committee on Armed Services
of the Senate.
Subtitle C--Workplace and Depot Issues
SEC. 321. SIMPLIFICATION OF ANNUAL REPORTING REQUIREMENTS
CONCERNING FUNDS EXPENDED FOR DEPOT MAINTENANCE
AND REPAIR WORKLOADS.
Subsection (d) of section 2466 of title 10, United States
Code, is amended to read as follows:
``(d) Annual Report and Review.--(1) Not later than April 1
of each year, the Secretary of Defense shall submit to
Congress a report identifying, for each of the armed forces
(other than the Coast Guard) and each Defense Agency, the
percentage of the funds referred to in subsection (a) that
was expended during the preceding fiscal year, and are
projected to be expended in the current fiscal year and next
fiscal year, for performance of depot-level maintenance and
repair workloads by the public and private sectors.
``(2) Not later than 60 days after the date on which the
Secretary submits a report under paragraph (1), the
Comptroller General shall submit to Congress the Comptroller
General's views on whether--
``(A) the Department of Defense has complied with the
requirements of subsection (a) during the preceding fiscal
year covered by the report; and
``(B) the expenditure projections for the current fiscal
year and next fiscal year are reasonable.''.
SEC. 322. REPEAL OF ANNUAL REPORTING REQUIREMENT CONCERNING
MANAGEMENT OF DEPOT EMPLOYEES.
(a) Repeal.--Section 2472 of title 10, United States Code,
is amended--
(1) by striking ``(a) Prohibition on Management by End
Strength.--''; and
(2) by striking subsection (b).
(b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 2472. Prohibition on management of depot employees by
end strength''.
(2) The table of sections at the beginning of chapter 146
of such title is amended by striking the item relating to
section 2472 and inserting the following new item:
``2472. Prohibition on management of depot employees by end
strength.''.
SEC. 323. PUBLIC-PRIVATE COMPETITION FOR WORK PERFORMED BY
CIVILIAN EMPLOYEES OF DEPARTMENT OF DEFENSE.
(a) In General.--Section 2461(b) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(5)(A) A function of the Department of Defense performed
by 10 or more civilian employees may not be converted, in
whole or in part, to performance by a contractor unless, the
conversion is based on the results of a public-private
competition process that--
``(i) formally compares the cost of civilian employee
performance of the function with the costs of performance by
a contractor;
``(ii) creates an agency tender, including a most efficient
organization plan, in accordance with Office of Management
and Budget Circular A-76, as implemented on May 29, 2003;
``(iii) determines whether the submitted offers meet the
needs of the Department of Defense with respect to factors
other than cost, including quality and reliability;
``(iv) requires continued performance of the function by
civilian employees if the cost of performance of the function
by a contractor would, over all performance periods required
by the solicitation, cost less than--
``(I) 10 percent of the personnel-related costs for
performance of that activity or function in the agency
tender; or
``(II) $10,000,000; and
``(v) provides no advantage to an offeror for a proposal to
reduce costs for the Department of Defense by--
``(I) not making an employer-sponsored health insurance
plan available to the workers who are to be employed in the
performance of such function under a contract; or
``(II) offering to such workers an employer-sponsored
health benefits plan that requires the employer to contribute
less towards the premium or subscription share than that
which is paid by the Department of Defense for health
benefits for civilian employees under chapter 89 of title 5.
``(B) Any modification, reorganization, division, or other
change in the organization of a function of the Department of
Defense so that is performed by less than 10 civilian
employees of the Department of Defense and, therefore,
excluded from subparagraph (A), is prohibited.
``(C) Any function that is performed by civilian employees
of the Department of Defense and is proposed to be
reengineered, reorganized, modernized, upgraded, expanded, or
changed in order to become more efficient, but the civilian
[[Page H3289]]
employees would still provide essentially the same service,
is subject to the competition requirement in subparagraph
(A).
``(D) The cost savings requirement specified in
subparagraph (A) does not apply to any contracts for special
studies and analyses, construction services, architectural
services, medical services, scientific and technical services
related to (but not in support of) research and development,
and depot-level maintenance and repair services.
``(E) The Secretary of Defense may waive the competition
requirement in specific instances if--
``(i) the written waiver is prepared by the Secretary of
Defense, or the relevant Assistant Secretary or agency head;
``(ii) the written waiver is accompanied by a detailed
determination that national security interests are so
compelling as to preclude compliance with the requirement for
a public-private competition; and
``(iii) a copy of the waiver is published in the Federal
Register within 10 working days after the date on which the
waiver is invoked, although use of the waiver need not be
delayed until its publication.''.
(b) Relation to Pilot Program.--Paragraph (5) of section
2461(b) of title 10, United States Code, as added by
subsection (a) shall not apply with respect to the pilot
program for best-value source selection for performance of
information technology services authorized by section 336 of
the National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 117 Stat. 1444; 10 U.S.C. 2461 note).
SEC. 324. PUBLIC-PRIVATE COMPETITION PILOT PROGRAM.
(a) Purpose.--The Secretary of Defense shall establish a
pilot program to examine the use of the public-private
competition process of Office of Management and Budget
Circular A-76 on new requirements, as defined by such
Circular, and functions currently being performed by
contractors that could be performed by civilian employees.
(b) Duration.--The Secretary of Defense shall carry out the
pilot program during fiscal years 2005 and 2006.
(c) Requirement for Public-Private Competition for New
Work.--(1) By the end of the pilot project, the Secretary of
Defense shall have allowed civilian employees to compete
through the standard competition process of Office of
Management and Budget Circular A-76 for new requirements, as
defined by such Circular, that are approximately one-tenth in
value of the funds spent by the Department of Defense during
the two fiscal years of the pilot project on all functions
that are considered new requirements, as defined by such
Circular.
(2) The Department of Defense shall not receive credit
towards compliance with the pilot program for subjecting to
public-private competition--
(A) any contract to be awarded to small business concerns
that meet the requirements under section 3(a) of the Small
Business Act (15 U.S.C. 632(a)) and regulations under that
section;
(B) any contract to be performed by contractor employees
who are represented by a private sector labor union; or
(C) any contract related to special studies and analyses,
construction services, architectural services, medical
services, scientific and technical services related to (but
not in support of) research and development, and depot-level
maintenance and repair services.
(d) Functions Performed by Contractors.--(1) By the end of
the pilot project, the Secretary of Defense shall have
subjected a number of contractor employees to public-private
competition through the standard competition process of
Office of Management and Budget Circular A-76 that is
approximately one-tenth of the number of civilian employees
subject to public-private competition during the two fiscal
years of the pilot project.
(2) The Department of Defense shall, to the extent
possible, subject to public-private competition those
positions held by contractor employees that are associated
with functions that are or have been performed at least in
part by Federal employees at any time on or after October 1,
1980; and
(3) Subsection (c)(2) shall also apply to this subsection.
(e) Waiver.--The implementation of the pilot project may be
waived if--
(1) the written waiver is prepared by the Secretary of
Defense;
(2) the written waiver is accompanied by a detailed
determination that national security interests are so
compelling as to preclude compliance with the competition
requirement; and
(3) a copy of the waiver is published in the Federal
Register within 10 working days after the date on which the
waiver is invoked, although use of the waiver need not be
delayed until its publication.
(f) Report.--At the end of each fiscal year of the pilot
program, the Inspector General of the Department of Defense
shall submit to Congress a report on the results of the pilot
program, including the extent to which the Department of
Defense complied with the requirements of this section.
SEC. 325. SENSE OF CONGRESS ON EQUITABLE LEGAL STANDING FOR
CIVILIAN EMPLOYEES.
It is the sense of Congress that, in order to ensure that,
when public-private competitions are held, they are conducted
as fairly, effectively, and efficiently as possible,
competing parties, both Department of Defense civilian
employees (or their representatives) and contractors (or
their representatives) should receive comparable treatment
throughout the competition regarding access to relevant
information and legal standing to challenge the way a
competition has been conducted at all appropriate forums,
including the General Accounting Office and the United States
Court of Federal Claims.
SEC. 326. COMPETITIVE SOURCING REPORTING REQUIREMENT.
(a) Report Required.--Not later than February 1, 2005, the
Inspector General of the Department of Defense shall submit
to Congress a report addressing whether the Department of
Defense--
(1) employs a sufficient number of adequately trained
civilian employees to conduct satisfactorily, taking into
account equity, efficiency and expeditiousness, all of the
public-private competitions that are scheduled to be
undertaken by the Department of Defense during the next
fiscal year (including a sufficient number of employees to
formulate satisfactorily the performance work statements and
most efficient organization plans for the purposes of such
competitions) and to administer any resulting contracts; and
(2) has implemented a comprehensive and reliable system to
track and assess the cost and quality of the performance of
functions of the Department of Defense by service
contractors, to update the records of such costs and the
assessments each fiscal quarter, and to make such information
available in reports to Congress and the public, including
through the use of electronic means, except that proprietary
information and information to which section 552(b)(1) of
title 5, United States Code, applies shall be excised from
information published or reports made available.
(b) Elements of Tracking System.--The system of the
Department of Defense for tracking cost and quality of
performance of a function under a service contract shall
include at least the following data elements:
(1) The contract number and the applicable Federal supply
class or service code.
(2) The name, business address, and business telephone of
the agency official who supervises the service contract.
(3) The statutory, regulatory, or other authority for
entering into the service contract and, if a public-private
competition was not used in the determination of whether to
provide for performance of the activity or function by a
contractor, an explanation of the reasons for not doing so.
(4) The cost to the Department of Defense of conducting the
public-private competition under Office of Management and
Budget Circular A-76, if one was undertaken, including the
cost of consultants as well as civilian employees.
(5) In the case of a function formerly performed by
civilian employees, the actual cost of the performance by
such employees.
(6) The cost to the Department of Defense of civilian
employee performance of the function under the most efficient
organization plan.
(7) The anticipated cost of contractor performance, based
on the award.
(8) The cost to the Department of Defense for performance
of the function by the contractor.
(9) A description of the quality control process used by
the agency in connection with monitoring the contract
performance (including the applicable quality control
standards and the frequency of the quality control reports),
together with an assessment of whether the contractor
achieved, exceeded, or failed to achieve the quality control
standards.
(c) Assessment of Tracking System.--The Inspector General
of the Department of Defense shall include in the report
required by subsection (a) an assessment of the
comprehensiveness and reliability of the Department of
Defense system for tracking cost and quality of performance
of a function under a service contract, including compliance
with each of the requirements specified in subsection (b).
The Inspector General shall base the assessment on an audit
of a representative sample of service contracts. The report
shall also include recommendations by the Inspector General
regarding how weaknesses identified in the Department of
Defense infrastructure for competitive sourcing can be
rectified, whether through the use of different processes or
the availability of additional employees, additional
training, or additional resources.
Subtitle D--Information Technology
SEC. 331. PREPARATION OF DEPARTMENT OF DEFENSE PLAN FOR
TRANSITION TO INTERNET PROTOCOL VERSION 6.
(a) Transition Plan.--The Secretary of Defense shall
prepare a plan to provide for the transition of Department of
Defense information technology systems to Internet Protocol
version 6 from the present use of Internet Protocol version 4
and other network protocols. The plan shall outline the
networking and security system equipment that will need to be
replaced, including the timing and costs of such replacement,
address how the current and new networks and security systems
will be managed, and assess the potential impact of the
transition, include any proposed measures to alleviate any
adverse affects. In preparing the transition plan, the
Secretary shall compare private industry plans for the
transition to Internet Protocol version 6.
(b) Testing and Evaluation for Internet Protocol.--To
determine whether a change to the use of Internet Protocol
version 6 will support Department of Defense requirements,
the Secretary of Defense shall provide for a rigorous, real-
world end-to-end testing of Internet Protocol version 6, as
proposed for use by the Department, to evaluate the
following:
(1) The ability of Internet Protocol version 6, with its
``best effort'' quality of service, to satisfactory support
the Department's multiple applications and other information
technology systems, including the use of Internet Protocol
version 6 over bandwidth-constrained tactical circuits.
(2) The ability of the Department's networks using Internet
Protocol version 6 to respond to, and perform under, heavy
loading of the core networks.
(c) Submission of Plan and Results.--Not later than March
31, 2005, the Secretary of Defense shall submit to the
congressional defense
[[Page H3290]]
committees a report containing the transition plan prepared
under subsection (a) and the results of the tests conducted
under subsection (b).
SEC. 332. DEFENSE BUSINESS ENTERPRISE ARCHITECTURE, SYSTEM
ACCOUNTABILITY, AND CONDITIONS FOR OBLIGATION
OF FUNDS FOR DEFENSE BUSINESS SYSTEM
MODERNIZATION.
(a) In General.--(1) Chapter 131 of title 10, United States
Code, is amended by inserting before section 2223 the
following new section:
``Sec. 2222. Defense business systems: architecture,
accountability, and modernization
``(a) Conditions for Obligation of Funds for Defense
Business System Modernization.--Effective January 1, 2005,
funds appropriated to the Department of Defense may not be
obligated for a defense business system modernization that
will have a total cost in excess of $1,000,000 unless--
``(1) the approval authority designated for the defense
business system certifies to the Defense Business Systems
Management Committee established by section 186 of this title
that the defense business system modernization--
``(A) is in compliance with the enterprise architecture
developed under subsection (b), or such compliance is waived
in writing by the approval authority as a result of the
investment review process conducted under subsection (d) for
the defense business system modernization; and
``(B) will be acquired or developed in a manner consistent
with the system acquisition regulations and instructions of
the Department of Defense; and
``(2) the Defense Business Systems Management Committee
approves the certification by the approval authority.
``(b) Enterprise Architecture for Defense Business
Systems.--Not later than September 30, 2005, the Secretary of
Defense, acting through the Defense Business Systems
Management Committee, shall develop--
``(1) an enterprise architecture to cover all defense
business systems, and the functions and activities supported
by defense business systems, which shall be sufficiently
defined to effectively guide, constrain, and permit
implementation of interoperable defense business system
solutions and consistent with the policies and procedures
established by the Director of the Office of Management and
Budget, and
``(2) a transition plan for implementing the enterprise
architecture for defense business systems.
``(c) Approval Authorities and Accountability for Defense
Business Systems.--The Secretary of Defense shall delegate
responsibility for the planning, design, acquisition,
deployment, operation, maintenance, modernization, and
oversight of defense business systems as follows:
``(1) The Under Secretary of Defense for Acquisition,
Technology and Logistics shall be responsible and accountable
for any defense business system the primary purpose of which
is to support acquisition activities, logistics activities,
or installations and environment activities of the Department
of Defense.
``(2) The Under Secretary of Defense (Comptroller) shall be
responsible and accountable for any defense business system
the primary purpose of which is to support financial
management activities or strategic planning and budgeting
activities of the Department of Defense.
``(3) The Under Secretary of Defense for Personnel and
Readiness shall be responsible and accountable for any
defense business system the primary purpose of which is to
support human resource management activities of the
Department of Defense.
``(4) The Assistant Secretary of Defense for Networks and
Information Integration and the Chief Information Officer of
the Department of Defense shall be responsible and
accountable for any defense business system the primary
purpose of which is to support information technology
infrastructure or information assurance activities of the
Department of Defense.
``(5) The Deputy Secretary of Defense or an Under Secretary
of Defense, as designated by the Secretary of Defense, shall
be responsible for any defense business system the primary
purpose of which is to support any activity of the Department
of Defense not covered by paragraphs (1) through (4).
``(d) Defense Business System Investment Review.--(1) The
Secretary of Defense shall require each approval authority
designated under subsection (c) to establish, not later than
March 15, 2005, an investment review process, consistent with
section 11312 of title 40, to review the planning, design,
acquisition, development, deployment, operation, maintenance,
modernization, and project cost benefits and risks of all
defense business systems for which the approval authority is
responsible. The investment review process so established
shall specifically address the responsibilities of approval
authorities under subsection (a).
``(2) The review of defense business systems under the
investment review process shall include the following:
``(A) Review and approval by an investment review board of
each defense business system as an investment before the
obligation of funds on the system.
``(B) Periodic review, but not less than annually, of every
defense business system investment.
``(C) Representation on each investment review board by
appropriate officials from among the armed forces, combatant
commands, the Joint Chiefs of Staff, and Defense Agencies.
``(D) Use of threshold criteria to ensure an appropriate
level of review within the Department of Defense of, and
accountability for, defense business system investments
depending on scope, complexity, and cost.
``(e) Budget Information.--In the materials that the
Secretary submits to Congress in support of the budget
submitted by the President to Congress under section 1105 of
title 31 for fiscal year 2006 and fiscal years thereafter,
the Secretary of Defense shall--
``(1) identify the approval authority for each defense
business system; and
``(2) for each defense business system for which funding is
proposed in the budget--
``(A) certify that the defense business system complies
with the defense business enterprise architecture; or
``(B) explain why funds for such system are necessary to
maintain a mission critical or mission essential system of
the Department of Defense, notwithstanding its noncompliance
with the defense business enterprise architecture.
``(f) Congressional Reports.--Not later than March 15 of
each year from 2005 through 2009, the Secretary of Defense
shall submit to the congressional defense committees a report
on Department of Defense compliance with the requirements of
this section. The first report shall define plans and
commitments for meeting the requirements of subsection (a),
including specific milestones and performance measures.
Subsequent reports shall--
``(1) describe actions taken and planned for meeting the
requirements of subsection (a), including--
``(A) specific milestones and actual performance against
specified performance measures, and any revision of such
milestones and performance measures; and
``(B) specific actions on the defense business system
modernizations submitted for certification under such
subsection;
``(2) identify the number of defense business system
modernizations so certified;
``(3) identify any defense business system modernization
with an obligation in excess of $1,000,000 during the
preceding fiscal year that was not certified under subsection
(a), and the reasons for the waiver; and
``(4) discuss specific improvements in business operations
and cost savings resulting from successful defense business
systems modernization efforts.
``(g) Definitions.--In this section:
``(1) The term `approval authority', with respect to a
defense business system, means the Department of Defense
official responsible for the defense business system, as
designated by subsection (c).
``(2) The term `defense business system' means an
information system, other than a national security system,
operated by, for, or on behalf of the Department of Defense,
including financial systems, mixed systems, financial data
feeder systems, and information technology and information
assurance infrastructure, used to support business
activities, such as acquisition, financial management,
logistics, strategic planning and budgeting, installations
and environment, and human resource management.
``(3) The term `defense business system modernization'
means--
``(A) the acquisition or development of a new defense
business system; or
``(B) any significant modification or enhancement of an
existing defense business system (other than necessary to
maintain current services).
``(4) The term `enterprise architecture' has the meaning
given that term in section 3601(4) of title 44.
``(5) The terms `information system' and `information
technology' have the meanings given those terms in section
11101 of title 40.
``(6) The term `national security system' has the meaning
given that term in section 2315 of this title.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting before the item relating to section
2223 the following new item:
``2222. Defense business systems: architecture, accountability, and
modernization.''.
(b) Defense Business System Management Committee.--Chapter
7 of such title is amended by adding at the end the following
new section:
``Sec. 186. Defense business system management Committee
``(a) Establishment.--The Secretary of Defense shall
establish a Defense Business Systems Management Committee, to
be composed of the following persons:
``(1) The Deputy Secretary of Defense, who shall serve as
the chairman of the Committee.
``(2) The Under Secretary of Defense for Acquisition,
Logistics, and Technology.
``(3) The Under Secretary of Defense for Personnel and
Readiness.
``(4) The Under Secretary of Defense (Comptroller).
``(5) The Assistant Secretary of Defense for Networks and
Information Integration.
``(6) The Secretaries of the military departments and the
heads of the Defense Agencies.
``(7) Such additional personnel of the Department of
Defense (including personnel assigned to the Joint Chiefs of
Staff and combatant commands) as are designated by the
Secretary of Defense.
``(b) Duties.--(1) In addition to any other matters
assigned to the Committee by the Secretary of Defense, the
Committee shall--
``(A) recommend to the Secretary of Defense policies and
procedures necessary to effectively integrate the
requirements of section 2222 of this title into all business
activities and any transformation, reform, reorganization, or
process improvement initiatives undertaken within the
Department of Defense; and
``(B) review and approve any major update of the defense
business enterprise architecture developed under subsection
(b) of section 2222 of this title, including evolving the
architecture, and of defense business systems modernization
plans.
[[Page H3291]]
``(2) The Committee shall be responsible for coordinating
defense business system modernization initiatives to maximize
benefits and minimize costs for the Department of Defense and
periodically report to the Secretary on the status of defense
business system modernization efforts.
``(3) The Committee shall ensure that funds are obligated
for defense business system modernization in a manner
consistent with section 2222 of this title.
``(c) Definitions.--In this section, the terms `defense
business system' and `defense business system modernization'
have the meanings given such terms in section 2222 of this
title.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``186. Defense Business System Management Committee.''.
(c) Delegation of Administrative Responsibility.--The
delegation of responsibility for the planning, design,
acquisition, deployment, operation, maintenance,
modernization, and oversight of defense business systems
required by subsection (c) of section 2222 of title 10,
United States Code, as added by subsection (a)(1), shall be
completed not later than 60 days after the date of the
enactment of this Act.
(d) Relation to Annual Registration Requirements.--Nothing
in sections 186 and 2222 of title 10, United States Code, as
added by this section, shall be construed to alter the
requirements of section 8084 of the Department of Defense
Appropriations Act, 2004 (Public Law 108-87; 117 Stat. 1091),
with regard to information technology systems (as defined in
subsection (d) of such section).
(e) Repeal of Obsolete Financial Management Enterprise
Architecture Requirements.--Section 1004 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314; 10 U.S.C. 113 note) is repealed.
SEC. 333. ESTABLISHMENT OF JOINT PROGRAM OFFICE TO IMPROVE
INTEROPERABILITY OF BATTLEFIELD MANAGEMENT
COMMAND AND CONTROL SYSTEMS.
(a) Office for Family of Interoperable Pictures.--The
Secretary of Defense shall designate a single joint program
office in the Department of Defense for the management of
battlefield management command and control systems of the
Armed Forces, known as the ``Family of Interoperable
Pictures'', to improve the interoperability of such systems
so that members of the Armed Forces may access a common
operational picture of the battlefield. The office shall
include at a minimum the Single Integrated Air Picture, the
Single Integrated Ground Picture, the Single Integrated
Maritime Picture, the Special Operations Forces Picture, and
the Single Integrated Space Picture. The Secretary shall
provide for the head of the office to be selected on a
rotating basis among related offices of the Army, Navy, Air
Force, and Marine Corps.
(b) Common Systems Architecture.--The Secretary of Defense
shall develop, implement, and maintain a common systems
architecture for all battlefield management command and
control systems included in the Family of Interoperable
Pictures.
(c) Consolidated Program Elements.--All funds for
development and procurement related to the Family of
Interoperable Pictures shall be consolidated under the office
designated under subsection (a).
(d) Program Development.--The head of the office designated
under subsection (a), subject to the authority, direction,
and control of the Secretary of Defense, shall--
(1) establish and control the performance specifications
for the battlefield management command and control systems
included in the Family of Interoperable Pictures;
(2) establish and control the standards for development of
the software and equipment for the Family of Interoperable
Pictures;
(3) establish and control the standards for operation of
the Family of Interoperable Pictures; and
(4) develop a single, unified concept of operations for all
users of the Family of Interoperable Pictures.
Subtitle E--Readiness Reporting Requirements
SEC. 341. ANNUAL REPORT ON DEPARTMENT OF DEFENSE OPERATION
AND FINANCIAL SUPPORT FOR MILITARY MUSEUMS.
(a) Report Required.--Chapter 23 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 489. Annual report on Department of Defense operation
and financial support for military museums
``(a) Report Required.--As part of the budget materials
submitted to Congress in connection with the submission of
the budget for a fiscal year pursuant to section 1105 of
title 31, but in no case later than March 15 of each year,
the Secretary of Defense shall submit a report identifying
all museums that, during the preceding fiscal year--
``(1) were operated by the Department of Defense or a
military department; or
``(2) were otherwise supported using funds appropriated to
the Department of Defense.
``(b) Content of Report.--For each museum identified in a
report under this section, the Secretary of Defense shall
include in the report the following:
``(1) The purpose and functions of the museum and the
justification for the museum
``(2) A description of the facilities dedicated to the
museum.
``(3) An itemized listing of the funds appropriated to the
Department of Defense that were obligated to support the
museum during the fiscal year covered by the report, as well
as any other Federal funds, funds from a nonappropriated fund
instrumentality account of the Department of Defense, and
non-Federal funds obligated to support the museum.
``(4) The number of civilian employees of the Department of
Defense who serve full-time or part-time at the museum.
``(5) The number of members of the armed forces who serve
full-time or part-time at the museum.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``489. Annual report on Department of Defense operation and financial
support for military museums.''.
SEC. 342. REPORT ON DEPARTMENT OF DEFENSE PROGRAMS FOR
PREPOSITIONING OF MATERIAL AND EQUIPMENT.
(a) Secretary of Defense Assessment and Report.--(1) The
Secretary of Defense shall conduct an assessment of the
programs of the Department of Defense for the prepositioning
of material and equipment. Such assessment shall particularly
focus on how those programs will be incorporated into
achievement of the goals of the Secretary of Defense
(referred to as the ``10-30-30'' goals) for the Armed Forces
to have the capability, from the onset of a contingency
situation, of deploying forces to a distant theater within 10
days, defeating an enemy within 30 days, and being ready for
an additional conflict within another 30 days.
(2) The Secretary shall submit to Congress a report on such
assessment not later than October 1, 2005.
(b) Matters To Be Included.--The assessment under
subsection (a) shall include the prepositioning programs of
each of the Armed Forces and of the United States Special
Operations Command as well as assessment of each of the
following:
(1) Use of prepositioned equipment as part of Operation
Iraqi Freedom and Operation Enduring Freedom and potential
solutions to identified challenges.
(2) Changes to doctrine, strategy, and transportation plans
to support the goals of the Secretary described in subsection
(a) and referred to as the 10-30-30 goals in light of the
current lift constraints facing both land and sea components
of lift as well as the emerging mobility requirements.
(3) Modifications of the prepositioning programs of the
Armed Forces in order to adapt to pending modularity
concepts, future force structure changes, and new sea basing
concepts in relation to current and potential areas of
instability.
(4) Joint operations and training that include theater
opening requirements at potential aerial and sea ports of
debarkation, joint force reception capabilities, joint
theater distribution operations, and use of joint
prepositioned stocks and systems.
Subtitle F--Other Matters
SEC. 351. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.
(a) Duration of Program.--Subsection (a) of section 343 of
the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106-398;
10 U.S.C. 4551 note) is amended by striking ``2004'' and
inserting ``2008''.
(b) Additional Report Required.--Subsection (g) of such
section is amended--
(1) in paragraph (1), by striking ``2004'' and inserting
``2008''; and
(2) in paragraph (2), by striking ``2003'' and inserting
``2007''.
SEC. 352. LIMITATION ON PREPARATION OR IMPLEMENTATION OF MID-
RANGE FINANCIAL IMPROVEMENT PLAN.
Amounts appropriated to the Department of Defense for
fiscal year 2005 for operation and maintenance may not be
obligated for the purpose of preparing or implementing the
Mid-Range Financial Improvement Plan until the Secretary of
Defense submits a report to the congressional defense
committees containing, for each of the military departments
and the Defense Agencies--
(1) an explanation of the manner in which funds will be
used for such purpose during that fiscal year; and
(2) an estimate of the costs for future fiscal years to
prepare and implement the plan.
SEC. 353. PROCUREMENT OF FOLLOW-ON CONTRACTS FOR THE
OPERATION OF FIVE CHAMPION-CLASS T-5 TANK
VESSELS.
The Secretary of the Navy may consider bids or proposals
for the follow-on contracts for the Department of the Navy
contracts for the operation of five Champion-class T-5 tank
vessels only from an entity that is a citizen under section 2
of the Shipping Act, 1916 (46 App. U.S.C. 802).
SEC. 354. SENSE OF CONGRESS ON AMERICA'S NATIONAL WORLD WAR I
MUSEUM.
(a) Findings.--The Congress finds as follows:
(1) The Liberty Memorial Museum in Kansas City, Missouri,
was built in 1926 in honor of those individuals who served in
World War I in defense of liberty and the Nation.
(2) The Liberty Memorial Association, a nonprofit
organization which originally built the Liberty Memorial
Museum, is responsible for the finances, operations, and
collections management of the Liberty Memorial Museum.
(3) The Liberty Memorial Museum is the only public museum
in the Nation that exists for the exclusive purpose of
interpreting the experiences of the United States and its
allies in the World War I years (1914-1918), both on the
battlefield and on the home front.
(4) The Liberty Memorial Museum project began after the
1918 Armistice through the efforts of a large-scale, grass-
roots civic and fundraising effort by the citizens and
veterans of the
[[Page H3292]]
Kansas City metropolitan area. After the conclusion of a
national architectural design competition, ground was broken
in 1921, construction began in 1923, and the Liberty Memorial
Museum was opened to the public in 1926.
(5) In 1994, the Liberty Memorial Museum closed for a
massive restoration and expansion project. The restored
museum reopened to the public on Memorial Day, 2002, during a
gala rededication ceremony.
(6) Exhibits prepared for the original museum buildings
presaged the dramatic, underground expansion of core
exhibition gallery space, with over 30,000 square feet of new
interpretive and educational exhibits currently in
development. The new exhibits, along with an expanded
research library and archives, will more fully utilize the
many thousands of historical objects, books, maps, posters,
photographs, diaries, letters, and reminiscences of World War
I participants that are preserved for posterity in the
Liberty Memorial Museum's collections. The new core
exhibition is scheduled to open on Veterans Day, 2006.
(7) The City of Kansas City, the State of Missouri, and
thousands of private donors and philanthropic foundations
have contributed millions of dollars to build and later to
restore this national treasure. The Liberty Memorial Museum
continues to receive the strong support of residents from the
States of Missouri and Kansas and across the Nation.
(8) Since the restoration and rededication of 2002, the
Liberty Memorial Museum has attracted thousands of visitors
from across the United States and many foreign countries.
(9) There remains a need to preserve in a museum setting
evidence of the honor, courage, patriotism, and sacrifice of
those Americans who offered their services and who gave their
lives in defense of liberty during World War I, evidence of
the roles of women and African Americans during World War I,
and evidence of other relevant subjects.
(10) The Liberty Memorial Museum seeks to educate a diverse
group of audiences through its comprehensive collection of
historical materials, emphasizing eyewitness accounts of the
participants on the battlefield and the home front and the
impact of World War I on individuals, then and now. The
Liberty Memorial Museum continues to actively acquire and
preserve such materials.
(11) A great opportunity exists to use the invaluable
resources of the Liberty Memorial Museum to teach the
``Lessons of Liberty'' to the Nation's schoolchildren through
on-site visits, classroom curriculum development, distance
learning, and other educational initiatives.
(12) The Liberty Memorial Museum should always be the
Nation's museum of the national experience in the World War I
years (1914-1918), where people go to learn about this
critical period and where the Nation's history of this
monumental struggle will be preserved so that generations of
the 21st century may understand the role played by the United
States in the preservation and advancement of democracy,
freedom, and liberty in the early 20th century.
(13) This initiative to recognize and preserve the history
of the Nation's sacrifices in World War I will take on added
significance as the Nation approaches the centennial
observance of this event.
(14) It is fitting and proper to refer to the Liberty
Memorial Museum as ``America's National World War I Museum''.
(b) Sense of Congress.--The Congress--
(1) recognizes the Liberty Memorial Museum in Kansas City,
Missouri, including the museum's future and expanded
exhibits, collections, library, archives, and educational
programs, as ``America's National World War I Museum'';
(2) recognizes that the continuing collection,
preservation, and interpretation of the historical objects
and other historical materials held by the Liberty Memorial
Museum enhance the knowledge and understanding of the
Nation's people of the American and allied experience during
the World War I years (1914-1918), both on the battlefield
and on the home front;
(3) commends the ongoing development and visibility of
``Lessons of Liberty'' educational outreach programs for
teachers and students throughout the Nation; and
(4) encourages the need for present generations to
understand the magnitude of World War I, how it shaped the
Nation, other countries, and later world events, and how the
sacrifices made then helped preserve liberty, democracy, and
other founding principles for generations to come.
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. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH
MINIMUM LEVELS.
Effective October 1, 2004, section 691(b) of title 10,
United States Code, is amended as follows:
(1) Navy.--Paragraph (2) is amended by striking ``373,800''
and inserting ``365,900''.
(2) Air force.--Paragraph (4) is amended by striking
``359,300'' and inserting ``359,700''.
SEC. 403. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO
BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2005, the maximum number of members of
the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under
section 115(b) of title 10, United States Code, is the
following:
(1) The Army National Guard of the United States, 10,300.
(2) The Army Reserve, 5,000.
(3) The Naval Reserve, 6,200.
(4) The Marine Corps Reserve, 2,500.
(5) The Air National Guard of the United States, 10,100.
(6) The Air Force Reserve, 3,600.
SEC. 404. ACCOUNTING AND MANAGEMENT OF RESERVE COMPONENT
PERSONNEL PERFORMING ACTIVE DUTY OR FULL-TIME
NATIONAL GUARD DUTY FOR OPERATIONAL SUPPORT.
(a) Strength Authorizations.--Section 115 of title 10,
United States Code, is amended--
(1) in subsection (a)(1)(A), by inserting ``unless on
active duty pursuant to subsection (b)'' after ``active-duty
personnel'';
(2) in subsection (a)(1)(B), by inserting ``unless on
active duty or full-time National Guard duty pursuant to
subsection (b)'' after ``reserve personnel'';
(3) by redesignating subsections (b), (c), (d), (e), (f),
(g) and (h) as subsections (c), (d), (e), (f), (g), (h) and
(i), respectively; and
(4) by inserting after subsection (a) the following new
subsection (b):
``(b) Certain Reserves on Active Duty To Be Authorized by
Law.--(1) Congress shall annually authorize the maximum
number of members of a reserve component permitted to be on
active duty or full-time National Guard duty at any given
time who are called or ordered to--
``(A) active duty under section 12301(d) of this title for
the purpose of providing operational support, as prescribed
in regulation issued by the Secretary of Defense;
``(B) full-time National Guard duty under section 502(f)(2)
of title 32 for the purpose of providing operational support
when authorized by the Secretary of Defense;
``(C) active duty under section 12301(d) of this title or
full-time National Guard duty under section 502(f) of title
32 for the purpose of preparing for and performing funeral
honors functions for funerals of veterans under section 1491
of this title;
``(D) active duty or retained on active duty under sections
12301(g) of this title while in a captive status; or
``(E) active duty or retained on active duty under 12301(h)
or 12322 of this title for the purpose of medical evaluation
or treatment.
``(2) A member of a reserve component who exceeds either of
the following limits shall be included in the strength
authorized under subparagraph (A) or subparagraph (B), as
appropriate, of subsection (a)(1):
``(A) A call or order to active duty or full-time National
Guard duty that specifies a period greater than three years.
``(B) The cumulative periods of active duty and full-time
National Guard duty performed by the member exceed 1095 days
in the previous 1460 days.
``(3) In determining the period of active service under
paragraph (2), the following periods of active service
performed by a member shall not be included:
``(A) All periods of active duty performed by a member who
has not previously served in the Selected Reserve of the
Ready Reserve.
``(B) All periods of active duty or full-time National
Guard duty for which the member is exempt from strength
accounting under paragraphs (1) through (7) of subsection
(i).''.
(b) Limitation on Appropriations.--Subsection (c) of such
section (as redesignated by subsection (a)(3)) is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) the use of reserve component personnel to perform
active duty or full-time National Guard duty under subsection
(b) unless the strength for such personnel for that reserve
component for that fiscal year has been authorized by law.''.
(c) Authority for Secretary of Defense Variances in Maximum
Strengths.--Subsection (f) of such section (as redesignated
by subsection (a)(2)) is amended--
(1) by striking ``End'' in the heading;
(2) by striking ``and'' at the end of paragraph (2);
(3) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(4) increase the maximum strength authorized pursuant to
subsection (b)(1) for a fiscal year for certain reserves on
active duty for any of the reserve components by a number
equal to not more than 10 percent of that strength.''.
(d) Conforming Amendments to Section 115.-- Such section is
further amended as follows:
(1) Subsection (e) (as redesignated by subsection (a)(3))
is amended--
(A) in paragraph (1), by striking ``subsection (a) or (c)''
and inserting ``subsection (a) or (d)''; and
(B) in paragraph (2)--
(i) by striking ``subsections (a) and (c)''; and inserting
``subsections (a) and (d)'';
(ii) by striking ``pursuant to subsection (e)) and
subsection (c)'' and inserting ``pursuant to subsection (f))
and subsection (d)'' each place it appears.
(2) Subsection (g) (as redesignated by subsection (a)(3))
is amended by striking ``subsection (e)(1)'' in paragraph (2)
and inserting ``subsection (f)(1)''.
(3) Subsection (i) (as redesignated by subsection (a)(3))
is amended to read as follows:
``(i) Certain Personnel Excluded From Counting for Active-
Duty End Strengths.--In counting personnel for the purpose of
the end strengths authorized pursuant to subsection
[[Page H3293]]
(a)(1), persons in the following categories shall be
excluded:
``(1) Members of a reserve component ordered to active duty
under section 12301(a) of this title.
``(2) Members of a reserve component in an active status
ordered to active duty under section 12301(b) of this title.
``(3) Members of the Ready Reserve ordered to active duty
under section 12302 of this title.
``(4) Members of the Selected Reserve of the Ready Reserve
or members of the Individual Ready Reserve mobilization
category described in section 10144(b) of this title ordered
to active duty under section 12304 of this title.
``(5) Members of the National Guard called into Federal
service under section 12406 of this title.
``(6) Members of the militia called into Federal service
under chapter 15 of this title.
``(7) Members of reserve components on active duty for
training.
``(8) Members of the Selected Reserve of the Ready Reserve
on active duty to support programs described in section
1203(b) of the Cooperative Threat Reduction Act of 1993 (22
U.S.C. 5952(b)).
``(9) Members of the National Guard on active duty or full-
time National Guard duty for the purpose of carrying out drug
interdiction and counter-drug activities under section 112 of
title 32.
``(10) Members of a reserve component on active duty under
section 10(b)(2) of the Military Selective Service Act (50
U.S.C. App. 460(b)(2)) for the administration of the
Selective Service System.
``(11) Members of the National Guard on full-time National
Guard duty for the purpose of providing command,
administrative, training, or support services for the
National Guard Challenge Program authorized by section 509 of
title 32.''.
(e) Military to Military Contact Strength Accounting.--
Subsection (f) of section 168 of such title is amended to
read as follows:
``(f) Active Duty End Strengths.--A member of a reserve
component who is engaged in activities authorized under this
section shall not be counted for purposes of the following
personnel strength limitations:
``(1) The end strength for active-duty personnel authorized
pursuant to section 115(a)(1) of this title for the fiscal
year in which the member carries out the activities referred
to under this section.
``(2) The authorized daily average for members in pay
grades E-8 and E-9 under section 517 of this title for the
calendar year in which the member carries out such
activities.
(3) The authorized strengths for commissioned officers
under section 523 of this title for the fiscal year in which
the member carries out such activities.
(f) E-8 and E-9 Strength Accounting.--Subsection (a) of
section 517 of such title is amended by striking ``(other
than for training) in connection with organizing,
administering, recruiting, instructing, or training the
reserve component of an armed force.'' and inserting ``as
authorized under section 115(a)(1)(B) or 115(b) of this
title, or excluded from counting for active duty end
strengths under section 115(i) of this title.''.
(g) Field Grade Officer Strength Accounting.--(1) Paragraph
(1) of section 523(b) of such title is amended to read as
follows:
``(A) on active duty as authorized under section
115(a)(1)(B) or 115(b)(1) of this title, or excluded from
counting for active duty end strengths under section 115(i)
of this title;
``(B) on active duty under section 10211, 10302 through
10305, or 12402 of this title or under section 708 of title
32; or
``(C) on full-time National Guard duty.''; and
(2) Paragraph (7) of section 523(b) is amended by striking
``Reserve or retired officers'' and inserting ``Retired
officers''.
(h) Active Guard and Reserve Field Grade Officer Strength
Accounting.--Paragraph (2) of section 12011(e) of such title
is amended to read as follows:
``(2) Full-time National Guard duty (other than for
training) under section 502(f) of title 32, except for duty
under section 115(b)(1)(B) and (C) of this title and section
115(i)(9) of this title.''.
(i) Warrant Officer Active-Duty List Exclusion.--Paragraph
(1) of section 582 of such title is amended to read as
follows:
``(1) Reserve warrant officers--
``(A) on active duty as authorized under section
115(a)(1)(B) or 115(b)(1) of this title, or excluded from
counting for active duty end strengths under section 115(i)
of this title; or
``(B) on full-time National Guard duty.''.
(j) Officer Active-Duty List, Applicability of Chapter.--
Paragraph (1) of section 641 of such is amended to read as
follows:
``(1) Reserve officers--
``(A) on active duty authorized under section 115(a)(1)(B)
or 115(b)(1) of this title, or excluded from counting for
active duty end strengths under section 115(i) of this title;
``(B) on active duty under section 3038, 5143, 5144, 8038,
10211, 10301 through 10305, 10502, 10505, 10506(a), 10506(b),
10507, or 12402 of this title or section 708 of title 32; or
``(C) on full-time National Guard duty.''.
(k) Strength Accounting for Members Performing Drug
Interdiction and Counter-Drug Activities.--Section 112 of
title 32, United States Code, is amended--
(1) by striking subsection (e);
(2) by redesignating subsections (f), (g), (h) and (i) as
subsections (e), (f), (g) and (h) respectively; and
(3) in paragraph (1) of subsection (e), as redesignated by
paragraph (2), by striking ``for a period of more than 180
days'' each place it appears.
(l) Report.--Not later than June 1, 2005, the Secretary of
Defense shall report to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives the Secretary's recommendations regarding
the exemptions provided in paragraphs (8) through (11) by
section 115(i) of title 10, United States Code, as amended by
this section. The recommendations shall address the manner in
personnel covered by those exemptions shall be accounted for
in authorizations provided by section 115 of such title. The
objective of the analysis should be to terminate the need for
such exemptions after September 30, 2006.
(m) Regulations.--The Secretary of Defense shall prescribe
by regulation the meaning of the term ``operational support''
for purposes of paragraph (1) of subsection (b) of section
115 of title 10, United States Code, as added by subsection
(a).
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as
of September 30, 2005, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 83,400.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,800.
(6) The Air Force Reserve, 76,100.
(7) The Coast Guard Reserve, 10,000.
(b) Adjustments.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength
prescribed for such fiscal year for the Selected Reserve of
such reserve component shall be increased proportionately by
the total authorized strengths of such units and by the total
number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2005, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 26,476.
(2) The Army Reserve, 14,970.
(3) The Naval Reserve, 14,152.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 12,225.
(6) The Air Force Reserve, 1,900.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
The minimum number of military technicians (dual status) as
of the last day of fiscal year 2005 for the reserve
components of the Army and the Air Force (notwithstanding
section 129 of title 10, United States Code) shall be the
following:
(1) For the Army Reserve, 7,299.
(2) For the Army National Guard of the United States,
25,076.
(3) For the Air Force Reserve, 9,954.
(4) For the Air National Guard of the United States,
22,956.
SEC. 414. FISCAL YEAR 2005 LIMITATION ON NUMBER OF NON-DUAL
STATUS TECHNICIANS.
(a) Limitations.--(1) Within the limitation provided in
section 10217(c)(2) of title 10, United States Code, the
number of non-dual status technicians employed by the
National Guard as of September 30, 2005, may not exceed the
following:
(A) For the Army National Guard of the United States,
1,600.
(B) For the Air National Guard of the United States, 350.
(2) The number of non-dual status technicians employed by
the Army Reserve as of September 30, 2005, may not exceed
795.
(3) The number of non-dual status technicians employed by
the Air Force Reserve as of September 30, 2005, may not
exceed 90.
(b) Non-Dual Status Technicians Defined.--In this section,
the term ``non-dual status technician'' has the meaning given
that term in section 10217(a) of title 10, United States
Code.
Subtitle C--Authorizations of Appropriations
SEC. 421. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
2005 a total of $104,647,558,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 2005.
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
[[Page H3294]]
$61,195,000 for the operation of the Armed Forces Retirement
Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--General and Flag Officer Matters
SEC. 501. LENGTH OF SERVICE FOR SERVICE CHIEFS.
(a) Chief of Staff of the Army.--Paragraph (1) of section
3033(a) of title 10, United States Code, is amended--
(1) by striking ``for a period of four years'' in the first
sentence; and
(2) by striking the second and third sentences and
inserting the following: ``The Chief of Staff serves at the
pleasure of the President for a term of four years. The
President may extend the service of an officer as Chief of
Staff for an additional period of not to exceed two years. In
time of war or during a national emergency declared by
Congress, the President may extend the service of an officer
as Chief of Staff for such additional periods as the
President determines necessary, except that the total period
of an officer's service as Chief of Staff may not exceed
eight years.''.
(b) Chief of Naval Operations.--Paragraph (1) of section
5033(a) of such title is amended by striking the third and
fourth sentences and inserting the following: ``The Chief of
Naval Operations serves at the pleasure of the President. The
President may extend the service of an officer as Chief of
Naval Operations for an additional period of not to exceed
two years. In time of war or during a national emergency
declared by Congress, the President may extend the service of
an officer as Chief of Naval Operations for such additional
periods as the President determines necessary, except that
the total period of an officer's service as Chief of Naval
Operations may not exceed eight years.''.
(c) Commandant of the Marine Corps.--Paragraph (1) of
section 5043(a) of such title is amended by striking the
third and fourth sentences and inserting the following: ``The
Commandant serves at the pleasure of the President. The
President may extend the service of an officer as Commandant
for an additional period of not to exceed two years. In time
of war or during a national emergency declared by Congress,
the President may extend the service of an officer as
Commandant for such additional periods as the President
determines necessary, except that the total period of an
officer's service as Commandant may not exceed eight
years.''.
(d) Chief of Staff of the Air Force.--Paragraph (1) of
section 8033(a) of such title is amended to read as follows:
(1) by striking ``for a period of four years'' in the first
sentence; and
(2) by striking the second and third sentences and
inserting the following: ``The Chief of Staff serves at the
pleasure of the President for a period of four years. The
President may extend the service of an officer as Chief of
Staff for an additional period of not to exceed two years. In
time of war or during a national emergency declared by
Congress, the President may extend the service of an officer
as Chief of Staff for such additional periods as the
President determines necessary, except that the total period
of an officer's service as Chief of Staff may not exceed
eight years.''.
SEC. 502. REPEAL OF REQUIREMENT THAT DEPUTY CHIEFS AND
ASSISTANT CHIEFS OF NAVAL OPERATIONS BE
SELECTED FROM OFFICERS IN THE LINE OF THE NAVY.
(a) Deputy Chiefs of Naval Operations.--Section 5036(a) of
title 10, United States Code, is amended by striking ``in the
line''.
(b) Assistant Chiefs of Naval Operations.--Section 5037(a)
of such title is amended by striking ``in the line''.
SEC. 503. INCREASE IN AGE LIMIT FOR DEFERRAL OF MANDATORY
RETIREMENT FOR UP TO 10 SENIOR GENERAL AND FLAG
OFFICERS.
Section 1251(b) of title 10, United States Code, is amended
by striking ``64 years of age'' and inserting ``66 years of
age''.
SEC. 504. INCREASED FLEXIBILITY FOR VOLUNTARY RETIREMENT FOR
MILITARY OFFICERS.
(a) In General.--Section 1370 of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``except as provided in paragraph (2)'' and
inserting ``subject to paragraphs (2) and (3)''; and
(ii) by striking ``, for not less than six months'';
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by striking paragraph (2) and inserting the following:
``(2) In order to be eligible for voluntary retirement
under this title in a grade below the grade of lieutenant
colonel or commander, a commissioned officer of the Army,
Navy, Air Force, or Marine Corps covered by paragraph (1)
must have served on active duty in that grade for not less
than six months.
``(3)(A) In order to be eligible for voluntary retirement
in a grade above major or lieutenant commander and below
brigadier general or rear admiral (lower half), a
commissioned officer of the Army, Navy, Air Force, or Marine
Corps covered by paragraph (1) must have served on active
duty in that grade for not less than three years, except that
the Secretary of Defense may authorize the Secretary of the
military department concerned to reduce such period to a
period not less than two years.
``(B) In order to be eligible for voluntary retirement in a
grade above colonel or captain, in the case of the Navy, a
commissioned officer of the Army, Navy, Air Force, or Marine
Corps covered by paragraph (1) must have served on active
duty in that grade for not less than one year.
``(C) An officer in a grade above major general or rear
admiral may be retired in the highest grade in which the
officer served on active duty satisfactorily for not less
than one year, upon approval by the Secretary of the military
department concerned and concurrence by the Secretary of
Defense. The function of the Secretary of Defense under the
preceding sentence may only be delegated to a civilian
official in the Office of the Secretary of Defense appointed
by the President, by and with the advice and consent of the
Senate.
``(D) The President may waive subparagraph (A), (B) or (C)
in individual cases involving extreme hardship or exceptional
or unusual circumstances. The authority of the President
under the preceding sentence may not be delegated.'';
(2) in subsection (b), by inserting ``or whose service on
active duty in that grade was not determined to be
satisfactory by the Secretary of the military department
concerned'' after ``specified in subsection (a)'';
(3) by striking subsection (c); and
(4) by redesignating subsection (d) as subsection (c) and
in that subsection--
(A) in paragraph (3)--
(i) in subparagraph (A)--
(I) by inserting ``(i)'' after ``(3)(A)'';
(II) by inserting ``and below brigadier general or rear
admiral (lower half)'' after ``lieutenant commander'';
(III) by inserting ``, except that the Secretary of Defense
may authorize the Secretary of the military department
concerned to reduce such period to a period not less than two
years'' after ``three years''; and
(IV) by adding at the end the following new clauses:
``(ii) In order to be credited with satisfactory service in
a grade above colonel or captain, in the case of the Navy, a
person covered by paragraph (1) must have served
satisfactorily in that grade (as determined by the Secretary
of the military department concerned) as a reserve
commissioned officer in active status, or in a retired status
on active duty, for not less than one year.
``(iii) An officer covered by paragraph (1) who is in a
grade above the grade of major general or rear admiral may be
retired in the highest grade in which the officer served
satisfactorily for not less than one year, upon approval by
the Secretary of the military department concerned and
concurrence by the Secretary of Defense. The function of the
Secretary of Defense under the preceding sentence may only be
delegated to a civilian official in the Office of the
Secretary of Defense appointed by the president, by and with
the advice and consent of the Senate.'';
(ii) in subparagraphs (D) and (E), by striking subparagraph
(A)'' and inserting ``subparagraph (A)(i)''; and
(iii) by striking subparagraph (F); and
(B) by striking paragraphs (5) and (6); and
(5) by striking subsection (e).
(b) Conforming Amendments.--Section 1406(i)(2) of such
title is amended--
(1) in the paragraph heading, by striking ``members'' and
all that follows through ``satisfactorily'' and inserting
``enlisted members reduced in grade'';
(2) by striking ``a member'' and inserting ``an enlisted
member'';
(3) by striking ``1998--'' and all that follows through
``is reduced in'' and inserting ``1998, is reduced in'';
(4) by striking ``; or'' and inserting a period; and
(5) by striking subparagraph (B).
(c) Effective Date.--The amendments made by this section
shall apply with respect to the determination of the retired
grade of members of the Armed Forces retiring on or after the
date of the enactment of this Act.
SEC. 505. REPEAL OF REQUIREMENT THAT NO MORE THAN 50 PERCENT
OF ACTIVE DUTY GENERAL AND FLAG OFFICERS BE IN
GRADES ABOVE BRIGADIER GENERAL AND REAR ADMIRAL
(LOWER HALF).
(a) Repeal of Distribution Requirement.--Subsection (a) of
section 525 of title 10, United States Code, is repealed.
(b) Reorganization of Section.--Such section is further
amended--
(1) by striking ``(b)(1) No appointment'' and inserting
``(a) Limitation on Number of General and Flag Officers in
Senior Grades.--(1) No appointment''; and
(2) by striking ``(3) An officer'' and inserting ``(b)
Special Rules and Exceptions.--(1) An officer''; and
(3) by redesignating paragraphs (4), (5), (6), (7), and (8)
as paragraphs (2), (3), (4), (5), and (6), respectively.
(c) Conforming Amendments.--(1) Subsection (b) of such
section (as designated by subsection (a)(2)) is amended as
follows:
(A) Paragraph (1) (as redesignated by subsection (a)(2)),
paragraph (2)(A) (as redesignated by subsection (a)(3)), and
paragraph (6) (as redesignated by subsection (a)(3)) are
amended by striking ``paragraph (1) or (2)'' and inserting
``subsection (a)''.
(B) Paragraph (3)(A) (as so redesignated) is amended by
striking ``under the first sentence of paragraph (1) or (2),
as applicable'' and inserting ``under subsection (a)''.
(C) Paragraph (4) (as so redesignated) and the first and
third sentences of paragraph (5) (as so redesignated) are
amended by striking ``paragraph (1)'' and inserting
``subsection (a)(1)''.
(D) The second sentence of paragraph (5) (as so
redesignated) is amended by striking ``paragraph (1) or (2)''
and inserting ``subsection (a)(2)''.
(2) Subsection (c) of such section is amended--
(A) by striking ``(c)(1)'' and inserting `(c) `Reallocation
Authority.--(1)'';
(B) in paragraph (1)(A), by striking ``subsection (b)(1)''
and inserting ``subsection (a)(1)'';
(C) in paragraph (1)(B), by striking ``subsection (b)(2)''
and inserting ``subsection (a)(2)''; and
[[Page H3295]]
(D) in paragraph (3)(A), by striking ``subsection (b)'' and
inserting ``subsections (a) and (b)''.
(3) Subsection (d) of such section is amended by inserting
``Special Rule for Officers Formerly on Joint Chiefs of
Staff.--'' after ``(d)''.
(d) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 525. Distribution in grade: general and flag officers
on active duty''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 32 of such title is
amended to read as follows:
``525. Distribution in grade: general and flag officers on active
duty.''.
SEC. 506. REVISION TO TERMS FOR ASSISTANTS TO THE CHAIRMAN OF
THE JOINT CHIEFS OF STAFF FOR NATIONAL GUARD
AND RESERVE MATTERS.
(a) Codification and Revision.--Chapter 5 of title 10,
United States Code, is amended by adding at the end a new
section 156 consisting of--
(1) the following section heading:
``Sec. 156. Assistants to the Chairman for National Guard
matters and for Reserve matters'';
and
(2) a text consisting of the text of subsections (a)
through (f)(1) of section 901 of the National Defense
Authorization Act for Fiscal Year 1998 (10 U.S.C. 155 note),
revised--
(A) in subsection (c), by deleting ``two years'' and
inserting ``four years''; and
(B) in subsection (f), by deleting ``(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:
``156. Assistants to the Chairman for National Guard members and for
Reserve matters.''.
(c) Conforming Repeal.--Section 901 of the National Defense
Authorization Act for Fiscal Year 1998 (10 U.S.C. 155 note)
is repealed.
SEC. 507. SUCCESSION FOR POSITION OF CHIEF, NATIONAL GUARD
BUREAU.
(a) Designation of Senior Officer in National Guard
Bureau.--Section 10502 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(e) Succession.--(1) Unless otherwise directed by the
President or Secretary of Defense, when there is a vacancy in
the office of the Chief of the National Guard Bureau or in
the event the Chief of the National Guard Bureau is unable to
perform the duties of that office, the senior of the officers
specified in paragraph (2) shall serve as the acting Chief
until a successor is appointed or the Chief once again is
able to perform the duties of that office.
``(2) The officers specified in this paragraph are the
following:
``(A) The senior officer of the Army National Guard of the
United States on duty with the National Guard Bureau.
``(B) The senior officer of the Air National Guard of the
United States on duty with the National Guard Bureau.''.
(b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 10502. Chief of the National Guard Bureau:
appointment; adviser on National Guard matters; grade;
succession''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 1011 of such title is
amended to read as follows:
``10502. Chief of the National Guard Bureau: appointment; adviser on
National Guard matters; grade; succession.''.
(c) Repealer.--Subsections (d) and (e) of section 10505 of
such title are repealed.
SEC. 508. TITLE OF VICE CHIEF OF THE NATIONAL GUARD BUREAU
CHANGED TO DIRECTOR OF THE JOINT STAFF OF THE
NATIONAL GUARD BUREAU.
(a) In General.--Section 10505 of title 10, United States
Code, as amended by section 507(c), is amended by striking
``Vice Chief of the National Guard Bureau'' each place it
appears in subsections (a), (b), and (c) and inserting
``Director of the Joint Staff of the National Guard Bureau''.
(b) Clerical Amendments.--(1) The heading of such section
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.''.
SEC. 509. TWO-YEAR EXTENSION OF AUTHORITY TO WAIVE
REQUIREMENT THAT RESERVE CHIEFS AND NATIONAL
GUARD DIRECTORS HAVE SIGNIFICANT JOINT DUTY
EXPERIENCE.
(a) Extension.--Sections 3038(b)(4), 5143(b)(4),
5144(b)(4), 8038(b)(4), and 10506(a)(3)(D) of title 10,
United States Code, are amended by striking ``December 31,
2004,'' and inserting ``December 31, 2006,''.
(b) Future Compliance.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committee on Armed Services of the House
of Representatives and the Committee on Armed Services of the
Senate a plan for ensuring that all officers selected after
December 31, 2006, for recommendation for appointment as a
Reserve chief or National Guard director have significant
joint duty experience, as required by law, and may be so
recommended without requirement for a wavier of such
requirement. Such plan shall be developed in coordination
with the Chairman of the Joint Chiefs of Staff.
SEC. 510. REPEAL OF DISTRIBUTION REQUIREMENTS FOR NAVAL
RESERVE FLAG OFFICERS.
Subsection (c) of 12004 of title 10, United States Code, is
amended--
(1) by striking ``(1)'' after ``(c)''; and
(2) by striking the second sentence and all that follows
through the end of the subsection.
Subtitle B--Other Officer Personnel Policy Matters
SEC. 511. TRANSITION OF ACTIVE-DUTY LIST OFFICER FORCE TO ALL
REGULAR STATUS.
(a) Repeal of Requirement That Active-Duty Officers Serve
in a Reserve Component for at Least One Year Before Receiving
a Regular Commission.--Section 532 of title 10, United States
Code, is amended by striking subsection (e).
(b) Revision to Qualifications for Original Appointment as
a Commissioned Officer.--(1) Section 532 of such title is
further amended by adding at the end the following new
subsection:
``(f) The Secretary of Defense may waive the requirement of
paragraph (1) of subsection (a) with respect to a person who
has been lawfully admitted to the United States for permanent
residence when the Secretary determines that the national
security so requires, but only for an original appointment in
a grade below the grade of major or lieutenant commander.''.
(2) Section 619(d) of such title is amended by adding at
the end the following new paragraph:
``(5) An officer of the Army, Air Force, or Marine Corps in
the grade of captain, or of the Navy in the grade of
lieutenant, who is not a citizen of the United States.''.
(c) Repeal of Limitations on Total Strength of Regular
Commissioned Officers on Active-Duty.--Section 522 of such
title is repealed. The table of sections at the beginning of
chapter 31 of such title is amended by striking the item
relating to that section.
(d) Authority for Original Appointment of Regular Officers
in Junior Grades to be Made by President Alone.--Section
531(a) of such title is amended to read as follows:
``(a)(1) Original appointments in the grades of second
lieutenant, first lieutenant, and captain in the Regular
Army, Regular Air Force, and Regular Marine Corps and in the
grades of ensign, lieutenant (junior grade), and lieutenant
in the Regular Navy shall be made by the President alone.
``(2) Original appointments in the grades of major,
lieutenant colonel, and colonel in the Regular Army, Regular
Air Force, and Regular Marine Corps and in the grades of
lieutenant commander, commander, and captain in the Regular
Navy shall be made by the President, by and with the advice
and consent of the Senate.''.
(e) Termination of Requirement of 6 Years Service in a
Reserve Component for Nonregular Service Retirement
Eligibility.--(1) Section 12731(a)(3) of such title is
amended by inserting after ``(3)'' the following: ``in the
case of a person who completed the service requirements of
paragraph (2) before the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2005,''.
(f) All Regular Officer Appointments for Students Attending
University of Health Sciences.--Section 2114(b) of such title
is amended by striking the first two sentences and inserting
the following: ``They shall be appointed in a regular
component of the uniformed services and shall serve on active
duty as a second lieutenant or ensign (or the equivalent).''.
SEC. 512. MANDATORY RETENTION ON ACTIVE DUTY TO QUALIFY FOR
RETIREMENT PAY.
Section 12686(a) of title 10, United States Code, is
amended by inserting ``(other than the retirement system
under chapter 1223 of this title)'' after ``retirement
system''.
SEC. 513. DISTRIBUTION IN GRADE OF MARINE CORPS RESERVE
OFFICERS IN AN ACTIVE STATUS IN GRADES BELOW
BRIGADIER GENERAL
The table in section 12005(c)(1) of title 10, United States
Code, is amended to read as follows:
``Colonel....................................................2 percent
Lieutenant colonel...........................................8 percent
Major.......................................................16 percent
Captain.....................................................39 percent
First lieutenant and second lieutenant (when combined with the number
authorized for general officer grades under section 12004 of this
title).................................................35 percent.''.
SEC. 514. TUITION ASSISTANCE FOR OFFICERS.
(a) Authority To Reduce or Waive Active Duty Service
Obligation.--Subsection (b) of section 2007 of title 10,
United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by inserting ``or full-time National Guard duty'' after
``active duty'' each place it appears; and
(2) by adding at the end the following new paragraph:
``(2) Notwithstanding paragraph (1), the Secretary of the
military department may reduce or waive the active duty
service obligation--
``(A) in the case of a commissioned officer who is subject
to mandatory separation;
``(B) in the case of a commissioned officer who has
completed the period of active duty service in support of a
contingency operation; or
``(C) in other exigent circumstances as determined by the
Secretary.'.
(b). Increase in Tuition Assistance Authorized for Army
Officers in the Selected Reserve.--Paragraph (1) of section
2007(c) of title 10, United States Code, is amended to read
as follows:
[[Page H3296]]
``(1) Subject to paragraphs (2) and (3), the Secretary of
the Army may pay the charges of an educational institution
for the tuition or expenses of an officer in the Selected
Reserve of the Army National Guard or the Army Reserve for
education or training of such officer.''.
(c) Effective Date.--The amendment made by subsection (a)
may, at the discretion of the Secretary concerned, be applied
to a service obligation incurred by an officer serving on
active duty as of the date of the enactment of this Act.
Subtitle C--Reserve Component Matters
SEC. 521. REVISION TO STATUTORY PURPOSE OF THE RESERVE
COMPONENTS.
Subsection 10102 of title 10, United States Code, is
amended by striking ``, during'' and all that follows through
``planned mobilization,''.
SEC. 522. IMPROVED ACCESS TO RESERVE COMPONENT MEMBERS FOR
ENHANCED TRAINING.
(a) Reserve Components Generally.-- Section 12301 of title
10, United States Code, is amended--
(1) in subsection (a), by striking ``(other than for
training)'';
(2) in subsection (c)--
(A) in the first sentence, by striking ``(other than for
training)'' and inserting ``as provided in subsection (a)'';
and
(B) in the second sentence, by striking ``ordered to active
duty (other than for training)'' and inserting ``so ordered
to active duty''; and
(3) in subsection (e), by striking ``(other than for
training)'' and inserting ``as provided in subsection (a)''.
(b) Ready Reserve.--Section 12302 of such title is amended
by striking ``(other than for training)'' in subsections (a)
and (c).
(c) Order to Active Duty Other Than During War or National
Emergency.--Section 12304(a) of such title is amended by
striking ``(other than for training)''.
(d) Standby Reserve.--Section 12306 of such title is
amended--
(1) in subsection (a), by striking ``(other than for
training) only''; and
(2) in subsection (b), by striking ``(other than for
training)'' in paragraphs (1) and (2) and inserting ``as
provided in section 12301(a) of this title''.
(d) Standby Reserve.--Section 12306 of such title is
amended by striking ``(other than for training)'' each place
it appears and inserting ``as provided in section 12301(a)''.
SEC. 523. STATUS UNDER DISABILITY RETIREMENT SYSTEM FOR
RESERVE MEMBERS RELEASED FROM ACTIVE DUTY DUE
TO INABILITY TO PERFORM WITHIN 30 DAYS OF CALL
TO ACTIVE DUTY.
(a) In General.--Chapter 61 of title 10, United States
Code, is amended by inserting after section 1206 the
following new section:
``Sec. 1206a. Reserve component members unable to perform
duties when ordered to active duty: disability system
processing
``(a) Members Released From Active Duty Within 30 Days.--A
member of a reserve component who is ordered to active duty
for a period of more than 30 days and is released from active
duty within 30 days of commencing such period of active duty
for a reason stated in subsection (b) shall be considered for
all purposes under this chapter to have been serving under an
order to active duty for a period of 30 days or less.
``(b) Applicable Reasons for Release.--Subsection (a)
applies in the case of a member released from active duty
because of a failure to meet--
``(1) physical standards for retention; or
``(2) medical or dental standards for deployment due to a
preexisting condition not aggravated during the period of
active duty.
``(c) Savings Provision for Medical Care Provided While on
Active Duty.--Notwithstanding subsection (a), any benefit
under chapter 55 of this title received by a member described
in subsection (a) or a dependent of such member before or
during the period of active duty shall not be subject to
recoupment or otherwise affected.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1206 the following new item:
``1206a. Reserve component members unable to perform duties when
ordered to active duty: disability system processing.''.
SEC. 524. FEDERAL CIVIL SERVICE MILITARY LEAVE FOR RESERVE
AND NATIONAL GUARD CIVILIAN TECHNICIANS.
Section 6323(d)(1) of title 5, United States Code is
amended by striking ``(other than active duty during a war or
national emergency declared by the President or Congress)''.
SEC. 525. EXPANDED EDUCATIONAL ASSISTANCE AUTHORITY FOR
OFFICERS COMMISSIONED THROUGH ROTC PROGRAM AT
MILITARY JUNIOR COLLEGES.
(a) Financial Assistance Program for Service on Active
Duty.--Section 2107(c) of title 10, United States Code, is
amended by adding at the end the following new paragraphs:
``(5)(A) The Secretary of the Army may provide an
individual who received a commission as a Reserve officer in
the Army from a military junior college through a program
under this chapter and who does not have a baccalaureate
degree with financial assistance for pursuit of a
baccalaureate degree.
``(B) Such assistance is in addition to any financial
assistance provided under paragraph (1), (3), or (4).
``(C) The agreement and reimbursement requirements
established in section 2005 of this title are applicable to
financial assistance under this paragraph.
``(D) An officer receiving financial assistance under this
paragraph shall be attached to the unit of the Army at the
educational institution at which the officer is pursuing a
baccalaureate degree and shall be considered to be a member
of the Senior Reserve Officers' Training Corps on inactive
duty for training, as defined in section 101(23) of title 38.
``(E) A qualified officer who did not previously receive
financial assistance under this section is eligible to
receive educational assistance under this paragraph.
``(F) A Reserve officer may not be called or ordered to
active duty for a deployment while participating in the
program under this paragraph.
``(G) Any service obligation incurred by an officer under
an agreement entered into under this paragraph shall be in
addition to any service obligation incurred by that officer
under any other provision of law or agreement.
``(H) The amount obligated during any fiscal year under
this paragraph and paragraph (4) of section 2107a(c) of this
title may not exceed a total of $1,500,000.''.
(b) Financial Assistance Program for Service in Troop
Program Units.--Section 2107a(c) of such title is amended by
adding at the end the following new paragraphs:
``(4)(A) The Secretary of the Army may provide an
individual who received a commission as a Reserve officer in
the Army from a military junior college through a program
under this chapter and who does not have a baccalaureate
degree with financial assistance for pursuit of a
baccalaureate degree.
``(B) Such assistance is in addition to any provided under
paragraph (1) or (2).
``(C) The agreement and reimbursement requirements
established in section 2005 of this title are applicable to
financial assistance under this paragraph.
``(D) An officer receiving financial assistance under this
paragraph shall be attached to the unit of the Army at the
educational institution at which the officer is pursuing a
baccalaureate degree and shall be considered to be a member
of the Senior Reserve Officers' Training Corps on inactive
duty for training, as defined in section 101(23) of title 38.
``(E) A qualified officer who did not previously receive
financial assistance under this section is eligible to
receive educational assistance under this paragraph.
``(F) A Reserve officer may not be called or ordered to
active duty for a deployment while participating in the
program under this paragraph.
``(G) Any service obligation incurred by an officer under
an agreement entered into under this paragraph shall be in
addition to any service obligation incurred by that officer
under any other provision of law or agreement.''.
``(H) As provided in subparagraph (H) of section 2107(c)(5)
of this title, the amount obligated during any fiscal year
under this paragraph and paragraph (5) of section 2107(c) of
this title may not exceed a total of $1,500,000.''.
(c) Repeal of Sunset Provision for Financial Assistance
Program for Students not Eligible for Advanced Training.--
Section 2103a of such title is amended by striking subsection
(d).
(d) Annual Implementation Report.--The Secretary of the
Army shall submit to the Committees on Armed Services of the
Senate and House of Representatives an annual report, for
each of the next six years after the enactment of this Act,
providing information on the experience of the Department of
Defense during the preceding year under paragraph (5) of
section 2107(c) of title 10, United States Code, as added by
subsection (a), and under paragraph (4) of section 2107a(c)
of title 10, United States Code, as added by subsection (b).
The report for with respect to any year shall be submitted
not later March 31 of the following year.
SEC. 526. EFFECT OF APPOINTMENT OR COMMISSION AS OFFICER ON
ELIGIBILITY FOR SELECTED RESERVE EDUCATION LOAN
REPAYMENT PROGRAM FOR ENLISTED MEMBERS.
(a) Continuation of Loan Repayment.--Section 16301(a) of
title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``The Secretary'' in the
first sentence and inserting ``Except as provided in
paragraph (3), the Secretary of Defense''; and
(2) by adding at the end the following new paragraph:
``(3) In the case of a commitment made by the Secretary of
Defense after the date of the enactment of this paragraph to
repay a loan under paragraph (1) conditioned upon the
performance by the borrower of service as an enlisted member
under paragraph (2), the Secretary shall repay the loan for
service performed by the borrower as an officer (rather than
as an enlisted member) in the case of a borrower who, after
such commitment is entered into and while performing service
as an enlisted member, accepts an appointment or commission
as a warrant officer or commissioned officer of the Selected
Reserve.''.
(b) Limitation on Fiscal Year 2005 Obligations.--During
fiscal year 2005, obligations incurred under section 16301 of
title 10, United States Code, as amended by subsection (a),
to make loan repayments on behalf of members of the reserve
components who accept an appointment or commission as a
warrant officer or commissioned officer of the Selected
Reserve may not exceed $1,000,000.
SEC. 527. NUMBER OF STARBASE ACADEMIES IN A STATE.
Paragraph (3) of section 2193b(c) of title 10, United
States Code, is amended to read as follows:
``(3)(A) Subject to subparagraph (B), the Secretary may not
support the establishment in any State of more than two
academies.
``(B) The Secretary may waive the limitation in
subparagraph (A). Any such waiver shall be made under
criteria to be prescribed by the Secretary.''.
[[Page H3297]]
SEC. 528. COMPTROLLER GENERAL ASSESSMENT OF INTEGRATION OF
ACTIVE AND RESERVE COMPONENTS OF THE NAVY.
(a) Assessment.--The Comptroller General shall review the
plan of the Secretary of the Navy for, and implementation by
the Secretary of, initiatives undertaken within the Navy to
improve the integration of the active and reserve components
of the Navy in peacetime and wartime operations resulting
from--
(1) the Naval Reserve Redesign Study carried out by the
Navy: and
(2) the zero-based review of reserve component force
structure undertaken by the commander of the Fleet Forces
Command of the Navy during fiscal year 2004.
(b) Report.--No later than March 31, 2005, the Comptroller
General shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report on the
results of the review under subsection (a). The Comptroller
General shall include in the report recommendations for
improved active and reserve component integration in the
Navy.
(c) Limitation.--No funds appropriated or otherwise made
available by this Act may be obligated or expended to
decommission a Naval Reserve or Marine Corps Reserve aviation
squadron until 90 days after the date on which the report
required by subsection (b) is submitted to the Committees on
Armed Services of the Senate and House of Representatives.
(d) Matters to be Examined.--In conducting the review, the
Comptroller General shall examine the following:
(1) The criteria the Navy used to determine the following
with respect to integration of the active and reserve
components of the Navy:
(A) The future mix of active and reserve component force
structure.
(B) Organization of command and control elements.
(C) Manpower levels.
(D) Basing changes.
(2) The extent to which the plans of the Navy for improving
the integration of the active and reserve components of the
Navy considered each of the following:
(A) The new Fleet Response Plan of the Navy.
(B) The flexible deployment concept.
(C) Global operations.
(D) Emerging mission requirements.
(E) Other evolving initiatives.
(3) The manner in which the timing of the execution of
planned active and reserve integration initiatives will
correlate with the funding of those initiatives, including
consideration of an evaluation of the adequacy of the funding
allocated to those integration initiatives.
(4) For naval aviation forces, the extent to which the
active and reserve component integration plans of the Navy
will affect factors such as--
(A) common training and readiness standards for active and
reserve forces;
(B) reserve component access to the same equipment as the
active component;
(C) relationships between command and headquarters elements
of active and reserve forces; and
(D) trends in the use by the Navy of units referred to as
``associate'' units or ``blended'' units.
(E) Basing of future aviation forces.
(F) Employment of Naval Reserve aviation forces and
personnel in peacetime and wartime operations.
SEC. 529. OPERATIONAL ACTIVITIES CONDUCTED BY THE NATIONAL
GUARD UNDER AUTHORITY OF TITLE 32.
(a) In General.--Title 32, United States Code, is amended
by adding at the end the following new chapter:
``CHAPTER 9--OPERATIONS OF A NATIONAL OR FEDERAL INTEREST
``Sec.
``901. Operational activities.
``902. Operational duty.
``903. Funding assistance.
``904. Operations requests.
``Sec. 901. Operational activities
``The Secretary of Defense may provide funds in advance or
on a reimbursable basis to a Governor to employ National
Guard units and individuals to conduct operational activities
that the Secretary determines to be in the national interest.
The Secretary of Defense shall prescribe regulations to
implement this chapter.
``Sec. 902. Operational duty
``All duty performed under this chapter shall be considered
to be full-time National Guard duty under section 502(f) of
this title. Members of the National Guard performing full-
time National Guard duty in the Active Guard and Reserve
Program may support or execute operational activities
performed by the National Guard under this chapter.
``Sec. 903. Funding assistance
``When the Secretary of Defense determines that certain
operational activities of the National Guard are in the
national interest under section 901 of this title, the
Secretary shall provide funds to a State in an amount that
the Secretary determines is appropriate for the following
costs of the operational activities from funds available to
the Department for related purposes:
``(1) The pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses of personnel of the
National Guard of that State.
``(2) The operation and maintenance of the equipment and
facilities of the National Guard of that State.
``(3) The procurement of services and equipment, and the
leasing of equipment, for the National Guard of that State.
``Sec. 904. Operations requests
``(a) Requests.--A Governor of a State may request funding
assistance for the operational activities of the National
Guard of that State from the Secretary of Defense. Any such
request shall include the following:
``(1) The specific intended operational activities of the
National Guard of that State.
``(2) An explanation of why the operational activities are
in the national interest.
``(3) A certification that operational activities are to be
conducted at a time when the personnel involved are not in
Federal service.
``(4) A certification that participation by National Guard
personnel in the operational activities is service in
addition to training required under section 502 of this
title.''.
(b) Clerical Amendment.--The table of chapters at the
beginning of such title is amended by adding at the end the
following new item:
``9. Operations of a National or Federal Interest............901''.....
(c) Conforming Amendment.--Section 115(h) of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(i) Certain Full-Time National Guard Duty Personnel
Excluded From Counting for Full-Time National Guard Duty End
Strengths.--In counting full-time National Guard duty
personnel for the purpose of end-strengths authorized
pursuant to subsection (a)(1), persons involuntarily
performing operational activities under chapter 9 of title 32
shall be excluded.''.
SEC. 530. ARMY PROGRAM FOR ASSIGNMENT OF ACTIVE COMPONENT
ADVISERS TO UNITS OF THE SELECTED RESERVE.
(a) Change in Minimum Number Required to be Assigned.--
Section 414(c)(1) of the National Defense Authorization Act
for Fiscal Year 2002 (Public Law 107-107; 10 U.S.C. 12001
note) is amended by striking ``5,000'' and inserting
``3,500''.
(b) Limitation on Reductions.--Notwithstanding the
amendment made by subsection (a), the Secretary of the Army
may not reduce the number of active component Reserve support
personnel below the number of such personnel as of the date
of the enactment of this Act until the report required by
subsection (c) has been submitted.
(c) Report.--Not later than March 31, 2005, the Secretary
of the Army shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report on the
support by active components of the Army for training and
readiness of the Army National Guard and Army Reserve. The
report shall include an evaluation and determination of each
of the following:
(1) The effect on the ability of the Army to improve such
training and readiness resulting from the reduction under the
amendment made by subsection (a) in the minimum number of
active component Reserve support personnel.
(2) The adequacy of having 3,500 members of the Army (the
minimum number required under the law as so amended) assigned
as active component Reserve support personnel in order to
meet emerging training requirements in the Army reserve
components in connection with unit and force structure
conversions and preparations for wartime deployment
(3) The nature and effectiveness of efforts by the Army to
reallocate the 3,500 personnel assigned as active component
Reserve support personnel to higher priority requirements and
to expand the use of reservists on active duty to meet
reserve component training needs.
(4) Whether the Army is planning further reductions in the
number of active component Reserve support personnel and, if
so, the scope and rationale for those reductions.
(5) Whether an increase in Army reserve component full-time
support personnel will be required to replace the loss of
active component Reserve support personnel.
(d) Definition.--In this section, the term ``active
component Reserve support personnel'' means the active
component Army personnel assigned as advisers to units of the
Selected Reserve of the Ready Reserve of the Army pursuant to
section 414 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 10 U.S.C. 12001 note).
Subtitle D--Joint Officer Management
SEC. 531. STRATEGIC PLAN TO LINK JOINT OFFICER DEVELOPMENT TO
OVERALL MISSIONS AND GOALS OF DEPARTMENT OF
DEFENSE.
(a) Plan Required.--(1) The Secretary of Defense shall
develop a strategic plan for joint officer management and
joint professional military education that links joint
officer development to the accomplishment of the overall
missions and goals of the Department of Defense, as set forth
in the most recent national military strategy under section
153(d) of title 10, United States Code. Such plan shall be
developed for the purpose of ensuring that sufficient numbers
of qualified officers are available as necessary to meet the
needs of the Department for qualified officers who are
operationally effective in the joint environment.
(2) The Secretary shall develop the strategic plan with the
advice of the Chairman of the Joint Chiefs of Staff.
(b) Matters to be Included.--As part of the strategic plan
under subsection (a), the Secretary shall include the
following:
(1) A statement of the levels of joint officer resources
needed to be available to properly support the overall
missions of the Department of Defense, with such resources to
be specified by the number of officers with the joint
specialty, the number of officers required for service in
joint duty assignment positions, and the training and
education resources required.
(2) An assessment of the available and projected joint
officer development resources (including officers,
educational and training resources, and availability of joint
duty assignment positions and tours of duty) necessary to
achieve the levels specified under paragraph (1).
[[Page H3298]]
(3) Identification of any problems or issues arising from
linking resources for joint officer development to
accomplishment of the objective of meeting the levels
specified under paragraph (1) to resolve those problems and
issues and plans.
(4) A description of the process for identification of the
requirement for joint specialty officers.
(5) A description of the career development and management
of joint specialty officers and of any changes to be made to
facilitate achievement of the levels of resources specified
in paragraph (1), including additional education
requirements, promotion opportunities, and assignments to
fill joint assignments.
(c) Inclusion of Reserve Component Officers.--In developing
the strategic plan required by subsection (a), the Secretary
shall include joint officer development for officers on the
reserve active-status list in the plan.
(d) Report.--The Secretary shall submit the plan developed
under this section to the Committees on Armed Services of the
Senate and House of Representatives not later than January
15, 2006.
(e) Additional Assessment.--Not later than January 15,
2007, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of Representatives,
as a follow-on to the report under subsection (d), a report
providing an assessment of, and initiatives to improve, the
performance in joint matters of the following:
(1) Senior civilian officers and employees in the Office of
the Secretary of Defense, the Defense Agencies, and the
military departments.
(2) Senior noncommissioned officers.
(3) Senior leadership in the reserve components.
SEC. 532. JOINT REQUIREMENTS FOR PROMOTION TO FLAG OR GENERAL
OFFICER GRADE.
(a) Effective Date for Joint Specialty Officer
Requirement.--Subsection (a)(2) of section 619a of title 10,
United States Code, is amended by striking ``September 30,
2007'' and inserting ``September 30, 2008''.
(b) Exception to Joint Duty Requirement for Officers
Serving in Joint Duty Assignment When Considered for
Promotion.--Subsection (b)(4) of such section is amended by
striking ``if--'' and all that follows through ``(B) the
officer's'' and inserting ``if the officer's''.
SEC. 533. CLARIFICATION OF TOURS OF DUTY QUALIFYING AS A
JOINT DUTY ASSIGNMENT.
(a) Consecutive Tours of Duty in Joint Duty Assignments.--
Section 668(c) of title 10, United States Code, is amended by
striking ``within the same organization''.
(b) Effective Date.--The amendment made by subsection (a)
shall not apply in the case of a joint duty assignment
completed by an officer before the date of the enactment of
this Act, except in the case of an officer has continued in
joint duty assignments, without a break in service in such
assignments, between the end of such assignment and the date
of the enactment of this Act.
SEC. 534. AUTHORITY FOR RESERVE OFFICERS TO QUALIFY AS JOINT
SPECIAL OFFICERS.
(a) Authority.--Subsection (a) of section 661 of title 10,
United States Code, is amended by striking ``on the active-
duty list''.
(b) Nominations for Selection.--Subsection (b) of such
section is amended in the second sentence--
(1) by striking ``and'' after ``military department,''; and
(2) by inserting after ``such date,'' the following: ``,
and each reserve component officer in an active status who is
not on the active-duty list,''.
(c) Conforming Amendments.--(1) Section 662 of such title
is amended--
(A) in subsection (a), by inserting ``on the active-duty
list'' after ``qualifications of officers'' in the matter
preceding paragraph (1); and
(B) in subsection (b), by inserting ``on the active-duty
list'' after ``preceding fiscal year of officers'' in the
first sentence.
(2)(A) The heading of such section is amended to read as
follows:
``Sec. 662. Promotion policy objectives for joint officers on
the active-duty list''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 38 of such title is
amended to read as follows:
``662. Promotion policy objectives for joint officers on the active-
duty list.''.
(d) Annual Report to Congress.--(1) Section 667 of such
title is amended--
(A) by redesignating paragraph (18) as paragraph (19); and
(B) by inserting after paragraph (17) the following new
paragraph (18):
``(18) The implementation of authority under section 661 of
this title to certify reserve component officers as joint
specialty officers, together with the number of reserve
component officers who were so certified during the reporting
period.''.
(2) The Secretary of Defense shall include in the annual
report of the Secretary to Congress for fiscal year 2005, as
part of the material included in that report pursuant to
paragraph (18) of section 667 of title 10, United States
Code, a summary of the joint officer management policies
adopted for reserve component officers pursuant to the
amendments made by subsections (a) and (b).
Subtitle E--Professional Military Education
SEC. 541. IMPROVEMENT TO PROFESSIONAL MILITARY EDUCATION IN
THE DEPARTMENT OF DEFENSE.
(a) In General.--Part III of subtitle A of title 10, United
States Code, is amended--
(1) by redesignating chapter 107 as chapter 106A; and
(2) by inserting before chapter 108 the following new
chapter:
``CHAPTER 107--PROFESSIONAL MILITARY EDUCATION
``Sec.
``2151. Definitions
``2152. Professional military education: general requirements.
``2153. Capstone course: newly selected general and flag officers.
``2154. Joint professional military education: three-phase approach.
``2155. Intermediate level service colleges: written examination for
selection for attendance.
``2156. Joint professional military education phase II program of
instruction.
``2157. Intermediate and senior level service colleges; Joint Forces
Staff College: duration of principle course of
instruction.
``2158. Annual report to Congress.
``Sec. 2151. Definitions
(a) Joint Professional Military Education.--Joint
professional military education consists of the rigorous and
thorough instruction and examination of officers of the armed
forces in an environment designed to promote a theoretical
and practical in-depth understanding of joint matters and,
specifically, of the subject matter covered. The subject
matter to be covered by joint professional military education
shall include at least the following:
``(1) Integrated employment of land, sea, and air forces.
``(2) National military strategy.
``(3) Strategic planning.
``(4) Contingency planning.
``(5) Command and control of combat operations under
unified command.
``(6) Joint and combined operations.
``(7) Joint doctrine.
``(8) Joint logistics.
``(9) Joint communications.
``(10) Joint intelligence.
``(11) Campaign planning.
``(12) Joint military command and control systems and the
interface of those systems with national command systems.
``(13) Joint force development, including mobilization.
``(14) Joint requirements development.
``(15) Military history.
``(16) Awareness of cultures in areas outside of the United
States where United States forces may operate or of forces of
foreign countries with whom United States forces may operate.
``(b) Other Definitions.--In this chapter:
``(1) The term `senior level service school' means any of
the following:
``(A) The Army War College.
``(B) The College of Naval Warfare.
``(C) The Air War College.
``(D) The Marine Corps University.
``(2) The term `intermediate level service school' means
any of the following:
``(A) The United States Army Command and General Staff
College.
``(B) The College of Naval Command and Staff.
``(C) The Air Command and Staff College.
``(D) The Marine Corps Command and Staff College.
``Sec. 2152. Joint professional military education: general
requirements
``(a) In General.--The Secretary of Defense shall implement
a coherent and comprehensive framework for the joint
professional military education of officers, including
officers nominated under section 661 of this title for the
joint specialty.
``Sec. 2153. Capstone course: newly selected general and flag
officers
``(a) Requirement.--Each officer selected for promotion to
the grade of brigadier general or, in the case of the Navy,
rear admiral (lower half) shall be required, after such
selection, to attend a military education course designed
specifically to prepare new general and flag officers to work
with the other armed forces.
``(b) Waiver Authority.--(1) Subject to paragraph (2), the
Secretary of Defense may waive subsection (a)--
``(A) in the case of an officer whose immediately previous
assignment was in a joint duty assignment and who is
thoroughly familiar with joint matters;
``(B) when necessary for the good of the service;
``(C) in the case of an officer whose proposed selection
for promotion is based primarily upon scientific and
technical qualifications for which joint requirements do not
exist (as determined under regulations prescribed under
section 619(e)(4) of this title); and
``(D) in the case of a medical officer, dental officer,
veterinary officer, medical service officer, nurse,
biomedical science officer, or chaplain.
``(2) The authority of the Secretary of Defense to grant a
waiver under paragraph (1) may only be delegated to the
Deputy Secretary of Defense, an Under Secretary of Defense,
or an Assistant Secretary of Defense. Such a waiver may be
granted only on a case-by-case basis in the case of an
individual officer.
``Sec. 2154. Joint professional military education: three-
phase approach
``(a) Three-Phase Approach.--The Secretary of Defense shall
implement a three-phase approach to joint professional
military education, as follows:
``(1) There shall be a course of instruction, designated
and certified by the Secretary of Defense as Phase I
instruction, consisting all the elements of a joint
professional military education (as specified in section
2151(a) of this
[[Page H3299]]
title), in addition to the principal curriculum taught to all
officers at an intermediate level service school.
``(2) There shall be a course of instruction, designated
and certified by the Secretary of Defense as Phase II
instruction, consisting of a joint professional military
education curriculum taught in residence at--
``(A) the Joint Forces Staff College; or
``(B) a senior level service school that has been
designated and certified by the Secretary of Defense as a
joint professional military education institution.
``(3) There shall be a course of instruction, designated
and certified by the Secretary of Defense as the Capstone
course, for officers selected for promotion to the grade of
brigadier general or, in the case of the Navy, rear admiral
(lower half) and offered in accordance with section 2153 of
this title.
``(b) Sequenced Approach.--The Secretary shall require the
sequencing of joint professional military education so that
the standard sequence of assignments for such education
requires an officer to complete Phase I instruction before
proceeding to Phase II instruction, as provided in section
2156(a) of this title.
``Sec. 2155. Intermediate level service school: written
examination for selection for attendance
``(a) Requirement.--The Secretary of each military
department shall require that performance on a comprehensive
written examination shall constitute not less than 20 percent
of the evaluation criteria for selection of any officer for
full-time attendance at an intermediate level service school
under the jurisdiction of the Secretary. Such an examination
shall be designed so as to require substantive knowledge of
military history, national military strategy, service and
joint doctrine, and such other subjects as the Secretary may
require. Such an examination shall be required for each class
entering an intermediate level service school after September
30, 2007.
``(b) Selection From Different Service.--The Secretary of a
military department, in considering candidates for full-time
attendance at an intermediate level service school under the
jurisdiction of the Secretary who are officers of an armed
force other than the armed force that administers that
service school, shall consider such an officer to be
qualified for selection for such attendance if the officer
has met all the requirements for attendance at the equivalent
intermediate level service school of that officer's own armed
force.
``Sec. 2156. Joint professional military education phase II
program of instruction
``(a) Prerequisite of Completion of Joint Professional
Military Education I Program of Instruction.--(1) After
September 30, 2009, an officer of the armed forces may not be
accepted for, or assigned to, a program of instruction
designated by the Secretary of Defense as joint professional
military education Phase II unless the officer has
successfully completed a program of instruction designated by
the Secretary of Defense as joint professional military
education Phase I.
``(2) The Chairman of the Joint Chiefs of Staff may grant
exceptions to the requirement under paragraph (1). Such an
exception may be granted only on a case-by-case basis for
compelling cause, as determined by the Chairman. An officer
selected to receive such an exception shall be required to
demonstrate a knowledge of joint matters and other aspects of
the Phase I curriculum that, to the satisfaction of the
Chairman, qualifies the officer to meet the minimum
requirements established for entry into Phase II instruction
without first completing Phase I instruction. The number of
officers selected to attend an offering of the principal
course of instruction at the Joint Forces Staff College or a
senior level service school designated by the Secretary of
Defense as a joint professional military education
institution who have not completed Phase I instruction should
comprise no more than 10 percent of the total number of
officers selected.
``(b) Phase II Requirements.--The Secretary shall require
that the curriculum for Phase II joint professional military
education at any school--
``(1) focus on developing joint attitudes and perspectives
and honing joint warfighting skills; and
``(2) be structured --
``(A) so as to adequately prepare students to perform
effectively in an assignment to a joint, multiservice
organization; and
``(B) so that students progress from a basic knowledge of
joint matters learned in Phase I instruction to the level of
expertise necessary for successful performance in the joint
arena.
``(c) Curriculum Content.--In addition to the subjects
specified in section 2151(a) of this title, the curriculum
for Phase II joint professional military education shall
include the following:
``(1) National security strategy.
``(2) Theater strategy and campaigning.
``(3) Joint planning processes and systems.
``(4) Joint, interagency, and multinational capabilities
and the integration of those capabilities.
``(d) Student Ratio; Faculty Ratio.--(1) For courses of
instruction in a Phase II program of instruction that is
offered at senior level service school that has been
designated by the Secretary of Defense as a joint
professional military education institution--
``(1) the percentage of students enrolled in any such
course who are officers of the armed force that administers
the school may not exceed 60 percent, with the remaining
services proportionally represented; and
``(2) of the faculty at the school who are active-duty
officers who provide instruction in such courses, the
percentage who are officers of the armed force that
administers the school may not exceed 60 percent, with the
remaining services proportionally represented.
``Sec. 2157. Intermediate and senior level service schools;
Joint Forces Staff College: duration of principle course of
instruction
``(a) Service Schools.--The duration of the principal
course of instruction offered at each intermediate level
service school and each senior level service school may not
be less than 10 months of resident instruction. The Secretary
of Defense may waive the requirement in the preceding
sentence during a period of war or during a national
emergency declared by the President or the Congress.
``(b) Joint Forces Staff College.--(1) The duration of the
principal course of instruction offered at the Joint Forces
Staff College may not be less than 10 weeks of resident
instruction.
``(2) In this subsection, the term `principal course of
instruction' means any course of instruction offered at the
Joint Forces Staff College as Phase II joint professional
military education.
``Sec. 2158. Annual report to Congress
``The Secretary of Defense shall include in the annual
report of the Secretary to Congress under section 113(c) of
this title, for the period covered by the report, the
following information (which shall be shown for the
Department of Defense as a whole and separately for the Army,
Navy, Air Force, and Marine Corps and each reserve
component):
``(1) The number of officers who successfully completed a
joint professional military education phase II course and
were not selected for promotion.
``(2) The number of officer students and faculty members
assigned by each service to the professional military schools
of the other services and to the joint schools.''.
(b) Transfer of Other Provisions.--Subsections (b) and (c)
of section 663 of title 10, United States Code, are
transferred to section 2151 of such title, as added by
subsection (a), and added at the end thereof.
(c) Conforming Amendments.--(1) Section 663 of such title,
as amended by subsection (b), is further amended--
(A) by striking subsections (a) and (e); and
(B) by striking ``(d) Post-Education Joint Duty
Assignments.--(1) The'' and inserting ``(a) Joint Specialty
Officers.--The'';
(C) by striking ``(2)(A) The Secretary'' and inserting
``(b) Other Officers.--(1) The Secretary'';
(D) by striking ``in subparagraph (B)' and inserting ``in
paragraph (2)'';
(E) by striking ``(B) The Secretary'' and inserting ``(2)
The Secretary''; and
(F) by striking ``in subparagraph (B)' and inserting ``in
paragraph (1)''.
(2)(A) The heading of such section is amended to read as
follows:
``Sec. 633. Joint duty assignments after completion of joint
professional military education''.
(B) The item relating to that section in the table of
sections at the beginning of chapter 38 of such title is
amended to read as follows:
``633. Joint duty assignments after completion of joint professional
military education.''.
(d) Conforming Repeal.--Section 1123(b) of the National
Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 103 Stat. 1556) is repealed.
(e) Clerical Amendment.--The tables of chapters at the
beginning of subtitle A, and at the beginning of part III of
subtitle A, of title 10, United States Code, are amended by
striking the item relating to chapter 107 and inserting the
following:
``106A. Educational Assistance for Persons Enlisting for Activ2141 y...
``107. Professional Military Education ....................2151''.....
SEC. 542. RIBBONS TO RECOGNIZE COMPLETION OF JOINT
PROFESSIONAL MILITARY EDUCATION.
(a) In General.--(1) Chapter 57 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1134. Joint professional military education ribbon:
award
``(a) JPME I.--The Secretary of Defense may award a ribbon,
of appropriate design, as approved by the Secretary, to any
person who successfully completes a program of instruction
approved by the Secretary as qualifying for credit as the
Joint Professional Military Education Phase I program of
instruction.
``(b) JPME II.--The Secretary of Defense may award a
device, of appropriate design, as approved by the Secretary,
for wear with the ribbon awarded under subsection (a), to any
person who successfully completes a program of instruction
approved by the Secretary as qualifying for credit as the
Joint Professional Military Education Phase II course of
instruction.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``1134. Joint professional military education ribbon: award.''.
(b) Effective Date.--Section 1134 of title 10, United
States Code, as added by subsection (a), shall apply with
respect to the successful completion of a joint professional
military education program of instruction after November 29,
1989.
SEC. 543. INCREASE IN NUMBER OF PRIVATE-SECTOR CIVILIANS WHO
MAY BE ENROLLED FOR INSTRUCTION AT NATIONAL
DEFENSE UNIVERSITY.
Section 2167(a) of title 10, United States Code, is amended
by striking ``10'' and inserting ``20''.
[[Page H3300]]
SEC. 544. REQUIREMENT FOR COMPLETION OF PHASE I JOINT
PROFESSIONAL MILITARY EDUCATION BEFORE
PROMOTION TO COLONEL OR NAVY CAPTAIN.
(a) In General.--Chapter 36 of title 10, United States
Code, is amended by inserting after section 619a the
following new section:
``Sec. 619b. Eligibility for consideration for promotion:
joint professional military education required before
promotion to colonel or Navy captain; exceptions
``(a) General Rule.--After September 30, 2007, an officer
on the active-duty list of the Army, Air Force, or Marine
Corps may not be appointed to the grade of colonel, and an
officer on the active-duty list of the Navy may not be
appointed to the grade of captain, unless the officer has
successfully completed a program of instruction approved by
the Secretary as qualifying for credit as the Joint
Professional Military Education Phase I or Phase II program
of instruction.
``(b) Exceptions.--Subject to subsection (c), the Secretary
of Defense may waive subsection (a) in the following
circumstances:
``(1) When necessary for the good of the service.
``(2) In the case of an officer whose proposed selection
for promotion is based primarily upon scientific and
technical qualifications for which joint requirements do not
exist.
``(3) In the case of--
``(A) a medical officer, dental officer, veterinary
officer, medical service officer, nurse, or biomedical
science officer;
``(B) a chaplain; or
``(C) a judge advocate.
``(c) Waiver To Be Individual.--A waiver may be granted
under subsection (b) only on a case-by-case basis in the case
of an individual officer.
``(d) Special Rule for Good-of-the-Service Waiver.--In the
case of a waiver under subsection (b)(1), the Secretary shall
provide that the first duty assignment as a colonel or Navy
captain of the officer for whom the waiver is granted shall
be to a program of joint professional military education.
``(e) Limitation on Delegation of Waiver Authority.--The
authority of the Secretary of Defense to grant a waiver under
subsection (b) (other than under paragraph (1) of that
subsection) may be delegated only to the Deputy Secretary of
Defense, an Under Secretary of Defense, or an Assistant
Secretary of Defense.
``(f) Regulations.--The Secretary of Defense shall
prescribe regulations to carry out this section. The
regulations shall specifically identify for purposes of
subsection (b)(2) those categories of officers for which
selection for promotion to colonel or, in the case of the
Navy, captain is based primarily upon scientific and
technical qualifications for which joint requirements do not
exist.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``619b. Eligibility for consideration for promotion: joint professional
military education required before promotion to colonel
or Navy captain; exceptions.''.
Subtitle F--Other Education and Training Matters
SEC. 551. COLLEGE FIRST DELAYED ENLISTMENT PROGRAM.
(a) Codification and Extension of Army Program.--(1)
Chapter 31 of title 10, United States Code, is amended by
inserting after section 510 the following new section:
``Sec. 511. College First Program
``(a) Program Authority.--The Secretary of each military
department may establish a program to increase the number of,
and the level of the qualifications of, persons entering the
armed forces as enlisted members by encouraging recruits to
pursue higher education or vocational or technical training
before entry into active service.
``(b) Delayed Entry With Allowance for Higher Education.--
The Secretary concerned may--
``(1) exercise the authority under section 513 of this
title--
``(A) to accept the enlistment of a person as a Reserve for
service in the Selected Reserve or Individual Ready Reserve
of a reserve component, notwithstanding the scope of the
authority under subsection (a) of that section, in the case
of the Army National Guard of the United States or Air
National Guard of the United States; and
``(B) to authorize, notwithstanding the period limitation
in subsection (b) of that section, a delay of the enlistment
of any such person in a regular component under that
subsection for the period during which the person is enrolled
in, and pursuing a program of education at, an institution of
higher education, or a program of vocational or technical
training, on a full-time basis that is to be completed within
the maximum period of delay determined for that person under
subsection (c); and
``(2) subject to paragraph (2) of subsection (d) and except
as provided in paragraph (3) of that subsection, pay an
allowance to a person accepted for enlistment under paragraph
(1)(A) for each month of the period during which that person
is enrolled in and pursuing a program described in paragraph
(1)(B).
``(c) Maximum Period of Delay.--The period of delay
authorized a person under paragraph (1)(B) of subsection (b)
may not exceed the 30-month period beginning on the date of
the person's enlistment accepted under paragraph (1)(A) of
such subsection.
``(d) Allowance.--(1) The monthly allowance paid under
subsection (b)(2) shall be equal to the amount of the
subsistence allowance provided for certain members of the
Senior Reserve Officers' Training Corps with the
corresponding number of years of participation under section
209(a) of title 37. The Secretary concerned may supplement
that stipend by an amount not to exceed $225 per month.
``(2) An allowance may not be paid to a person under this
section for more than 24 months.
``(3) A member of the Selected Reserve of a reserve
component may be paid an allowance under this section only
for months during which the member performs satisfactorily as
a member of a unit of the reserve component that trains as
prescribed in section 10147(a)(1) of this title or section
502(a) of title 32. Satisfactory performance shall be
determined under regulations prescribed by the Secretary
concerned.
``(4) An allowance under this section is in addition to any
other pay or allowance to which a member of a reserve
component is entitled by reason of participation in the Ready
Reserve of that component.
``(e) Recoupment of Allowance.--(1) A person who, after
receiving an allowance under this section, fails to complete
the total period of service required of that person in
connection with delayed entry authorized for the person under
section 513 shall repay the United States the amount which
bears the same ratio to the total amount of that allowance
paid to the person as the unserved part of the total required
period of service bears to the total period.
``(2) An obligation to repay the United States imposed
under paragraph (1) is for all purposes a debt owed to the
United States.
``(3) A discharge of a person in bankruptcy under title 11
that is entered less than five years after the date on which
the person was, or was to be, enlisted in the regular Army
pursuant to the delayed entry authority under section 513
does not discharge that person from a debt arising under
paragraph (1).
``(4) The Secretary concerned may waive, in whole or in
part, a debt arising under paragraph (1) in any case for
which the Secretary determines that recovery would be against
equity and good conscience or would be contrary to the best
interests of the United States.
``(f) Special Pay and Bonuses.--Upon enlisting in the
regular component of the member's armed force, a person who
initially enlisted as a Reserve under this section may, at
the discretion of the Secretary concerned, be eligible for
all regular special pays, bonuses, education benefits, and
loan repayment programs.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
510 the following new item:
``511. College First Program''.
(b) Repeal of Army College First Program.--Section 573 of
the National Defense Authorization Act for Fiscal Year 2000
(10 U.S.C. 513 note) is repealed. The Secretary of the Army
shall treat the program under section 511 of title 10, United
States Code, as added by subsection (a), as a continuation of
the program under the section repealed by the preceding
sentence.
(c) Effective Date.--Section 511 of title 10, United States
Code, as added by subsection (a), and the repeal made by
subsection (b) shall take effect on October 1, 2004.
(d) Limitation on Fiscal Year 2005 Obligations.--During
fiscal year 2005, obligations incurred under section 511 of
title 10, United States Code, as added by subsection (a), to
pay allowances to persons accepted for enlistment as a
Reserve for service in the Selected Reserve or Individual
Ready Reserve of a reserve component using the expanded
authority provided by the amendment made by subsection (a)
may not exceed $5,000,000. The authority to pay allowances
under such section shall not be considered to be an expanded
authority to the extent that the authority to pay such
allowances was available under section 573 of the National
Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 513
note), before the repeal of such section by subsection (b).
SEC. 552. STANDARDIZATION OF AUTHORITY TO CONFER DEGREES ON
GRADUATES OF COMMUNITY COLLEGE OF THE AIR FORCE
WITH AUTHORITY FOR OTHER SCHOOLS OF AIR
UNIVERSITY.
(a) Change in Degree Conferring Authority.--Section 9315(c)
of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``Air Education and
Training Command of the Air Force'' and inserting ``Air
University''; and
(2) in paragraph (2), by striking ``Air Education and
Training Command of the Air Force'' and inserting ``Air
University''.
(b) Conforming and Stylistic Amendments.--(1) Subsection
(a) of section 9317 of such title is amended--
(1) by striking ``may confer--'' and inserting ``may confer
degrees as follows:'';
(2) by striking ``the'' in paragraphs (1), (2), and (3)
after the paragraph designation and inserting ``The'';
(3) by striking the semicolon at the end of paragraph (1)
and inserting a period;
(4) by striking ``; and'' at the end of paragraph (2) and
inserting a period; and
(5) by adding at the end the following new paragraph:
``(4) An associate level degree upon graduates of the
Community College of the Air Force.''.
(c) Clerical Amendments.--The heading for such section, and
the item relating to such section in the table of sections at
the beginning of chapter 901 of such title, are amended by
striking the matter between the colon and the last word.
SEC. 553. CHANGE IN TITLES OF HEADS OF THE NAVAL POSTGRADUATE
SCHOOL.
(a) President of the School.--(1)(A) Section 7042 of title
10, United States Code, is amended by striking
``Superintendent'' each place it appears in the text and
inserting ``President''.
[[Page H3301]]
(B) The heading of such section is amended to read as
follows:
``Sec. 7042. President; assistants''.
(2)(A) Section 7044 of such title is amended by striking
``Superintendent'' and inserting ``President of the school'';
(B) Sections 7048(a) and 7049(e) of such title are amended
by striking ``Superintendent'' and inserting ``President'';
(b) Provost and Academic Dean.--(1)(A) Subsection (a) of
section 7043 of title 10, United States Code, is amended to
read as follows:
``(a) There is at the Naval Postgraduate School the
civilian position of Provost and Academic Dean. The Provost
and Academic Dean shall be appointed, to serve for periods of
not more than five years, by the Secretary of the Navy after
consultation with the Naval Postgraduate School Board of
Advisors and consideration of the recommendation of the
leadership and faculty of the Naval Postgraduate School.''.
(B) Subsection (b) of such section is amended by striking
``Academic Dean'' and inserting ``Provost and Academic
Dean''.
(C) The heading of such section is amended to read as
follows:
``Sec. 7043. Provost and Academic Dean''.
(2) Section 5102(c)(10) of title 5, United States Code, is
amended by striking ``Academic Dean'' and inserting ``Provost
and Academic Dean''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 605 of such title is amended by striking
the items related to sections 7042 and 7043 and inserting the
following new items:
``7042. President; assistants.
``7043. Provost and Academic Dean.''.
SEC. 554. INCREASE FROM TWO YEARS TO THREE YEARS IN PERIOD
FOR WHICH EDUCATIONAL LEAVE OF ABSENCE MAY BE
AUTHORIZED.
Section 708(a) of title 10, United States Code, is amended
by striking ``two years'' and inserting ``three years''.
SEC. 555. CORRECTION TO DISPARATE TREATMENT OF DISABILITIES
SUSTAINED DURING ACCESSION TRAINING.
(a) Eligibility of Academy Cadets and Midshipmen for
Disability Retired Pay.--(1) Section 1217 of title 10, United
States Code, is amended to read as follows:
``Sec. 1217. Cadets, midshipmen, and aviation cadets:
applicability of chapter
``(a) This chapter applies to cadets at the United States
Military Academy, the United States Air Force Academy, and
the United States Coast Guard Academy and midshipmen of the
Navy, but only with respect to physical disabilities incurred
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2005.
``(b) Monthly cadet pay and monthly midshipman pay under
section 203(c) of title 37 shall be considered to be basic
pay for purposes of this chapter and the computation of
retired pay and severance and separation pay to which
entitlement is established under this chapter.''.
(2) The item related to section 1217 in the table of
sections at the beginning of chapter 61 of such title is
amended to read as follows:
``1217. Cadets, midshipmen, and aviation cadets: applicability of
chapter.''.
(b) Medical and Dental Care for Senior ROTC Members and
Applicants.--(1) Chapter 55 of title 10, United States Code,
is amended by inserting after section 1074a the following new
section:
``Sec. 1074b. Medical and dental care: members of, and
designated applicants for membership in, Senior ROTC
``(a) Under joint regulations prescribed by the
administering Secretaries, the following persons are entitled
to the benefits described in subsection (b):
``(1) A member of, and a designated applicant for
membership in, Senior ROTC who incurs or aggravates an
injury, illness, or disease in the line of duty while
performing duties pursuant to section 2109 of this title.
``(2) A member of, and a designated applicant for
membership in, Senior ROTC who incurs or aggravates an
injury, illness, or disease while traveling directly to or
from the place at which that member or applicant is to
perform or has performed duties pursuant to section 2109 of
this title.
``(3) Each member of, and each designated applicant for
membership in, Senior ROTC who incurs or aggravates an
injury, illness, or disease in the line of duty while
remaining overnight immediately before the commencement of
duties performed pursuant to section 2109 of this title or,
while remaining overnight, between successive periods of
performing duties pursuant to section 2109 of this title, at
or in the vicinity of the site of the duties performed
pursuant to section 2109 of this title, if the site is
outside reasonable commuting distance from the residence of
the member or designated applicant.
``(b) A person described in subsection (a) is entitled to--
``(1) the medical and dental care appropriate for the
treatment of the injury, illness, or disease of that person
until the resulting disability cannot be materially improved
by further hospitalization or treatment; and
``(2) subsistence during hospitalization.
``(c) A member of, and each designated applicant for
membership in, Senior ROTC is not entitled to benefits under
subsection (b) if the injury, illness, or disease or
aggravation of an injury, illness, or disease of that person
described in subsection (a)(2) is the result of the gross
negligence or the misconduct of the member or applicant for
membership in Senior ROTC.
``(d) In this section, the term `Senior ROTC' means a
program under chapter 103 of this title.''.
(2) Section 1074b of title 10, United States Code, as added
by paragraph (1), shall apply with respect to injuries,
illnesses, and diseases incurred or aggravated on or after
the date of the enactment of this Act.
(3) The table of sections at the beginning of chapter 55 of
such title is amended by inserting after the item relating to
section 1074a the following new item:
``1074b. Medical and dental care: members of, and designated applicants
for membership in, Senior ROTC.''.
SEC. 556. PRAYER AT MILITARY SERVICE ACADEMY ACTIVITIES.
(a) Authority of Superintendent.--The Superintendent of a
service academy may have in effect such policy as the
Superintendent considers appropriate with respect to the
offering of a voluntary, nondenominational prayer at an
otherwise authorized activity of the academy, subject to such
limitations as the President may prescribe.
(b) Service Academies.--For purposes of this section, the
term ``service academy'' means any of the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
SEC. 557. REVISION TO CONDITIONS ON SERVICE OF OFFICERS AS
SERVICE ACADEMY SUPERINTENDENTS.
(a) Repeal of Requirement That Officers Retire After
Service as Superintendent.--Sections 3921, 6371, and 8921 of
title 10, United States Code, are repealed.
(b) Minimum Three-Year Tour of Duty as Superintendent.--
(1) Military Academy.--Section 4333a of such title is
amended to read as follows:
``Sec. 4333a. Superintendent: length of assignment
``An officer who is detailed to the position of
Superintendent of the Academy shall be so detailed for a
period of not less than three years. In any case in which an
officer serving as Superintendent is reassigned or retires
before having completed three years service as
Superintendent, or otherwise leaves that position (other than
due to death) without having completed three years service in
that position, the Secretary of the Army shall submit to
Congress notice that such officer left the position of
Superintendent without having completed three years service
in that position, together with a statement of the reasons
why that officer did not complete three years service in that
position.''.
(2) Naval Academy.--Section 6951a of such title is
amended--
(A) by striking the second sentence of subsection (b); and
(B) by adding at the end the following new subsection:
``(c) An officer who is detailed to the position of
Superintendent shall be so detailed for a period of not less
than three years. In any case in which an officer serving as
Superintendent is reassigned or retires before having
completed three years service as Superintendent, or otherwise
leaves that position (other than due to death) without having
completed three years service in that position, the Secretary
of the Navy shall submit to Congress notice that such officer
left the position of Superintendent without having completed
three years service in that position, together with a
statement of the reasons why that officer did not complete
three years service in that position.''.
(3) Air Force Academy.--Section 9333a of such title is
amended to read as follows:
``Sec. 9333a. Superintendent: length of assignment
``An officer who is detailed to the position of
Superintendent of the Academy shall be so detailed for a
period of not less than three years. In any case in which an
officer serving as Superintendent is reassigned or retires
before having completed three years service as
Superintendent, or otherwise leaves that position (other than
due to death) without having completed three years service in
that position, the Secretary of the Air Force shall submit to
Congress notice that such officer left the position of
Superintendent without having completed three years service
in that position, together with a statement of the reasons
why that officer did not complete three years service in that
position.''.
(b) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 367
of such title is amended by striking the item relating to
section 3921.
(2) The table of sections at the beginning of chapter 403
of such title is amended to read as follows:
``4333a. Superintendent: length of assignment.''
(3) The table of sections at the beginning of chapter 573
of such title is amended by striking the item relating to
section 6371.
(4) The table of sections at the beginning of chapter 867
of such title is amended by striking the item relating to
section 8921.
(5) The table of sections at the beginning of chapter 903
of such title is amended to read as follows:
``9333a. Superintendent: length of assignment.''
SEC. 558. CODIFICATION OF PROHIBITION ON IMPOSITION OF
CERTAIN CHARGES AND FEES AT THE SERVICE
ACADEMIES.
(a) United States Military Academy.--(1) Chapter 403 of
title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 4359. Cadets: charges and fees for attendance;
limitation
``(a) Prohibition.--Except as provided in subsection (b),
no charge or fee for tuition, room, or board for attendance
at the Academy may be imposed unless the charge or fee is
specifically authorized by a law enacted after October 5,
1994.
[[Page H3302]]
``(b) Exception.--The prohibition specified in subsection
(a) does not apply with respect to any item or service
provided to cadets for which a charge or fee is imposed as of
October 5, 1994. The Secretary of Defense shall notify
Congress of any change made by the Academy in the amount of a
charge or fee authorized under this subsection.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``4359. Cadets: charges and fees for attendance; limitation.''.
(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. Midshipmen: charges and fees for attendance;
limitation
``(a) Prohibition.--Except as provided in subsection (b),
no charge or fee for tuition, room, or board for attendance
at the Naval Academy may be imposed unless the charge or fee
is specifically authorized by a law enacted after October 5,
1994.
``(b) Exception.--The prohibition specified in subsection
(a) does not apply with respect to any item or service
provided to midshipmen for which a charge or fee is imposed
as of October 5, 1994. The Secretary of Defense shall notify
Congress of any change made by the Naval Academy in the
amount of a charge or fee authorized under this
subsection.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``4359. Midshipmen: charges and fees for attendance; limitation.''.
(c) United States Air Force Academy.--(1) Chapter 903 of
title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 9359. Cadets: charges and fees for attendance;
limitation
``(a) Prohibition.--Except as provided in subsection (b),
no charge or fee for tuition, room, or board for attendance
at the Academy may be imposed unless the charge or fee is
specifically authorized by a law enacted after October 5,
1994.
``(b) Exception.--The prohibition specified in subsection
(a) does not apply with respect to any item or service
provided to cadets for which a charge or fee is imposed as of
October 5, 1994. The Secretary of Defense shall notify
Congress of any change made by the Academy in the amount of a
charge or fee authorized under this subsection.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``9359. Cadets: charges and fees for attendance; limitation.''.
(d) United States Coast Guard Academy.--(1) Chapter 9 of
title 14, United States Code, is amended by adding at the end
the following new section:
``Sec. 197. Cadets: charges and fees for attendance;
limitation
``(a) Prohibition.--Except as provided in subsection (b),
no charge or fee for tuition, room, or board for attendance
at the Academy may be imposed unless the charge or fee is
specifically authorized by a law enacted after October 5,
1994.
``(b) Exception.--The prohibition specified in subsection
(a) does not apply with respect to any item or service
provided to cadets for which a charge or fee is imposed as of
October 5, 1994. The Secretary of Homeland Security shall
notify Congress of any change made by the Academy in the
amount of a charge or fee authorized under this
subsection.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``197. Cadets: charges and fees for attendance; limitation.''.
(e) United States Merchant Marine Academy.--Section 1303 of
the Merchant Marine Act, 1936 (46 U.S.C. App. 1295b), is
amended by adding at the end the following new subsection:
``(j) Limitation on Charges and Fees for Attendance.--
``(1) Except as provided in paragraph (2), no charge or fee
for tuition, room, or board for attendance at the Academy may
be imposed unless the charge or fee is specifically
authorized by a law enacted after October 5, 1994.
``(2)The prohibition specified in paragraph (1) does not
apply with respect to any item or service provided to cadets
for which a charge or fee is imposed as of October 5, 1994.
The Secretary of Transportation shall notify Congress of any
change made by the Academy in the amount of a charge or fee
authorized under this paragraph.''.
(f) Repeal of Codified Provision.--Section 553 of the
National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 10 U.S.C. 4331 note) is repealed.
SEC. 559. QUALIFICATIONS OF THE DEAN OF THE FACULTY OF UNITED
STATES AIR FORCE ACADEMY.
Section 9335(a) of title 10, United States Code, is amended
by inserting before the period at the end of the second
sentence the following: ``, except that, if the Dean is not
an officer on active duty, the Dean shall be a retired
officer or former officer, and a person may not be appointed
or assigned as Dean unless that person holds the highest
academic degree in that person's academic field''.
Subtitle G--Medals and Decorations and Special Promotions and
Appointments
SEC. 561. SEPARATE MILITARY CAMPAIGN MEDALS TO RECOGNIZE
SERVICE IN OPERATION ENDURING FREEDOM AND
SERVICE IN OPERATION IRAQI FREEDOM.
(a) Requirement.--The President shall establish a campaign
medal specifically to recognize service by members of the
uniformed services in Operation Enduring Freedom and a
separate campaign medal specifically to recognize service by
members of the uniformed services in Operation Iraqi Freedom.
(b) Eligibility.--Subject to such limitations as may be
prescribed by the President, eligibility for a campaign medal
established pursuant to subsection (a) shall be set forth in
regulations to be prescribed by the Secretary concerned (as
defined in section 101 of title 10, United States Code). In
the case of regulations prescribed by the Secretaries of the
military departments, the regulations shall be subject to
approval by the Secretary of Defense and shall be uniform
throughout the Department of Defense.
SEC. 562. ELIGIBILITY OF ALL UNIFORMED SERVICES PERSONNEL FOR
NATIONAL DEFENSE SERVICE MEDAL.
The President shall revise the criteria for eligibility for
the decoration known as the National Defense Service Medal so
as to extend such eligibility, with respect to service on or
after September 11, 2001, to members of all of the uniformed
services.
SEC. 563. AUTHORITY TO APPOINT BRIGADIER GENERAL CHARLES E.
YEAGER, UNITED STATES AIR FORCE (RETIRED), TO
THE GRADE OF MAJOR GENERAL ON THE RETIRED LIST.
The President is authorized to appoint, by and with the
advice and consent of the Senate, Brigadier General Charles
E. Yeager, United States Air Force (retired), to the grade of
major general on the retired list of the Air Force. Any such
appointment shall not affect the retired pay or other
benefits of Charles E. Yeager or any benefits to which any
other person is or may become entitled based upon his
service.
SEC. 564. POSTHUMOUS COMMISSION OF WILLIAM MITCHELL IN THE
GRADE OF MAJOR GENERAL IN THE ARMY.
(a) Authority.--The President, by and with the advice and
consent of the Senate, may issue posthumously a commission as
major general, United States Army, in the name of the late
William Mitchell, formerly a colonel, United States Army, who
resigned his commission on February 1, 1926.
(b) Date of Commission.--A commission issued under
subsection (a) shall issue as of the date of the death of
William Mitchell on February 19, 1936.
(c) Prohibition of Benefits.--No person is entitled to
receive any bonus, gratuity, pay, allowance, or other
financial benefit by reason of the enactment of this section.
Subtitle H--Military Justice Matters
SEC. 571. REVIEW ON HOW SEXUAL OFFENSES ARE COVERED BY
UNIFORM CODE OF MILITARY JUSTICE.
(a) Review Required.--The Secretary of Defense shall review
the Uniform Code of Military Justice and the Manual for
Courts-Martial with the objective of determining what changes
are required to improve the ability of the military justice
system to address issues relating to sexual assault and to
conform the Uniform Code of Military Justice and the Manual
for Courts-Martial more closely to other Federal laws and
regulations that address such issues.
(b) Report.--Not later than March 1, 2005, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report on the review carried out under
subsection (a). The report shall include the recommendations
of the Secretary for revisions to the Uniform Code of
Military Justice and, for each such revision, the rationale
behind that revision.
SEC. 572. SERVICE TIME NOT LOST WHEN CONFINED IN CONNECTION
WITH TRIAL IF CONFINEMENT EXCUSED AS
UNAVOIDABLE.
Section 972 of title 10, United States Code, is amended in
each of subsections (a)(3) and (b)(3) by inserting after
``the trial'' the following: ``, unless such confinement is
excused as unavoidable''.
SEC. 573. CLARIFICATION OF AUTHORITY OF MILITARY LEGAL
ASSISTANCE COUNSEL TO PROVIDE MILITARY LEGAL
ASSISTANCE WITHOUT REGARD TO LICENSING
REQUIREMENTS.
Section 1044 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(e)(1) Notwithstanding any law regarding the licensure of
attorneys, a judge advocate or civilian attorney who is
authorized to provide military legal assistance is authorized
to provide that assistance in any jurisdiction, subject to
such regulations as may be prescribed by the Secretary
concerned.
``(2) In this subsection, the term `military legal
assistance' includes--
``(A) legal assistance provided under this section; and
``(B) legal assistance contemplated by sections 1044a,
1044b, 1044c, and 1044d of this title.''.
Subtitle I--Management and Administrative Matters
SEC. 581. THREE-YEAR EXTENSION OF LIMITATION ON REDUCTIONS OF
PERSONNEL OF AGENCIES RESPONSIBLE FOR REVIEW
AND CORRECTION OF MILITARY RECORDS.
Section 1559(a) of title 10, United States Code, is amended
by striking ``During fiscal years 2003, 2004, and 2005,'' and
inserting ``Before October 1, 2008,''.
SEC. 582. STAFFING AND FUNDING FOR DEFENSE PRISONER OF WAR/
MISSING PERSONNEL OFFICE (DPMO).
(a) Minimum Level of Staffing.--Subparagraph (B) of section
1501(a)(5) of title 10, United States Code, is amended to
read as follows:
[[Page H3303]]
``(B)(i) For any fiscal year--
``(I) the number of full-time Department of Defense
personnel permanently assigned or detailed to the office
shall be not less than 46 members of the armed forces and not
less than 69 civilian employees of the Department of Defense;
and
``(II) the number of permanent positions authorized for the
office shall be not less than 46 positions for members of the
armed forces and not less than 69 positions for civilian
employees.
``(ii) No reductions below the numbers assigned or
authorized under clause (i) may be made unless expressly
authorized by law.
``(iii) If for any reason the number of military or
civilian personnel assigned to the office should fall below
the required level under clause (i)(I), the Secretary of
Defense shall promptly notify the Committees on Armed
Services of the Senate and House of Representatives of the
number of personnel so assigned and of the Secretary's plan
to restore the staffing levels of the office to at least the
required minimums under clause (i). The Secretary shall
publish such notice and plan in the Federal Register.''.
(b) Minimum Level of Funding.--Subparagraph (C) of such
section is amended to read as follows:
``(C) For any fiscal year, the level of funding allocated
to the office shall be not less than $16,000,000 unless a
lower level of funding is expressly required by law.''.
SEC. 583. PERMANENT ID CARDS FOR RETIREE DEPENDENTS AGE 70
AND OLDER.
(a) In General.--(1) Chapter 53 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1060b. Military ID cards: dependents and survivors of
retirees; issuance of permanent ID card after attaining 70
years of age
``(a) Permanent ID Card After Age 70.--In issuing military
ID cards to retiree dependents, the Secretary concerned shall
issue a permanent ID card (not subject to renewal) to any
such retiree dependent who has attained 70 years of age. Such
a permanent ID card shall be issued upon the expiration,
after the retiree dependent attains 70 years of age, of any
earlier, renewable military ID card or, if earlier, upon the
request of such a retiree dependent after attaining age 70.
``(b) Definitions.--In this section:
``(1) The term `military ID card' means a card or other
form of identification used for purposes of demonstrating
eligibility for any benefit from the Department of Defense.
``(2) The term ``retiree dependent'' means a person who is
a dependent of a retired member of the uniformed services, or
a survivor of a deceased retired member of the uniformed
services, who is eligible for any benefit from the Department
of Defense.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``1060b. Military ID cards: dependents and survivors of retirees;
issuance of permanent ID card after attaining 70 years of
age.''.
(b) Effective Date.--Section 1060b of title 10, United
States Code, as added by subsection (a), shall take effect on
October 1, 2004.
SEC. 584. AUTHORITY TO PROVIDE CIVILIAN CLOTHING TO MEMBERS
TRAVELING IN CONNECTION WITH MEDICAL
EVACUATION.
(a) Authority.--Section 1047 of title 10, United States
Code, is amended--
(1) by inserting ``(b) Certain Enlisted Members.--'' before
``The Secretary''; and
(2) by inserting after the section heading the following:
``(a) Members Traveling In Connection With Medical
Evacuation.--The Secretary of the military department
concerned may furnish civilian clothing to a member at a cost
not to exceed $250, or reimburse a member for the purchase of
civilian clothing in an amount not to exceed $250, in the
case of a member who--
``(1) is medically evacuated for treatment in a medical
facility by reason of an illness or injury incurred or
aggravated while on active duty; or
``(2) after being medically evacuated as described in
paragraph (1), is in an authorized travel status from a
medical facility to another location approved by the
Secretary.''.
(b) Effective Date.--Subsection (a) of section 1047 of
title 10, United States Code, as added by subsection (a)
shall take effect on October 1, 2004.
SEC. 585. AUTHORITY TO ACCEPT DONATION OF FREQUENT TRAVELER
MILES, CREDITS, AND TICKETS TO FACILITATE REST
AND RECUPERATION TRAVEL OF DEPLOYED MEMBERS OF
THE ARMED FORCES AND THEIR FAMILIES.
(a) Operation Hero Miles.--Chapter 155 of title 10, United
States Code, is amended by adding at the end the following
new section:
``Sec. 2613. Acceptance of frequent traveler miles, credits,
and tickets; use to facilitate rest and recuperation travel
of deployed members and their families
``(a) Authority to Accept Donation of Travel Benefits.--
Subject to subsection (c), the Secretary of Defense may
accept from any person or government agency the donation of
travel benefits for the purposes of use under subsection (d).
``(b) Travel Benefit Defined.--In the section, the term
``travel benefit'' means frequent traveler miles, credits for
tickets, or tickets for air or surface transportation issued
by an air carrier or a surface carrier, respectively, that
serves the public.
``(c) Condition on Authority to Accept Donation.--The
Secretary may accept a donation of a travel benefit under
this section only if the air or surface carrier that is the
source of the benefit consents to such donation. Any such
donation shall be under such terms and conditions as the
surface carrier may specify, and the travel benefit so
donated may be used only in accordance with the rules
established by the carrier.
``(d) Use of Donated Travel Benefits.--A travel benefit
accepted under this section may be used only for the purpose
of--
``(1) facilitating the travel of a member of the armed
forces who--
``(A) is deployed on active duty away from the permanent
duty station of the member; and
``(B) is granted, during such deployment, rest and
recuperative leave, emergency leave, convalescent leave, or
another form of leave authorized for the member; or
``(2) facilitating the travel of family members of a member
described in paragraph (1) in order to be reunited with the
member.
``(e) Administration.--The Secretary shall designate a
single office in the Department of Defense to carry out this
section. That office shall be responsible for developing
rules and procedures to facilitate the acceptance and
distribution of travel benefit under this section.
``(f) Status of Benefits Received.--A member of the armed
forces, or a family member of a member of the armed forces,
who receives a travel benefit under this section is deemed to
recognize no income from the receipt or use of such benefit.
A donors of a travel benefit under this section is deemed to
obtain no tax benefit from such donation.
``(g) Family Member Defined.--In this section, the term
`family member' has the meaning given that term in section
411h(b)(1) of title 37.''.
(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. Acceptance of frequent traveler miles, credits, and tickets;
use to facilitate rest and recuperation travel of
deployed members and their families.''.
SEC. 586. LIMITATION ON AMENDMENT OR CANCELLATION OF
DEPARTMENT OF DEFENSE DIRECTIVE RELATING TO
REASONABLE ACCESS TO MILITARY INSTALLATIONS FOR
CERTAIN PERSONAL COMMERCIAL SOLICITATION.
An amendment to Department of Defense Directive 1344.7,
``Personal Commercial Solicitation on DoD Installations'', or
cancellation of that directive, shall not take effect until
after the end of the one-year period beginning on the date on
which a report containing the results of the investigation
regarding insurance premium allotment processing, which is
underway as of the date of the enactment of this Act, is
submitted to the Committee on Armed Services and the
Committee on Government Reform of the House of
Representatives and the Committee on Armed Services and the
Committee on Governmental Affairs of the Senate.
SEC. 587. ANNUAL IDENTIFICATION OF REASONS FOR DISCHARGES
FROM THE ARMED FORCES DURING PRECEDING FISCAL
YEAR.
Not later than January 1 each year, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report on
discharges from the Army, Navy, Air Force, and Marine Corps
during the preceding fiscal year. Each such report shall
show, in the aggregate and for each of those Armed Forces,
the following:
(1) The total number of persons discharged during the
preceding fiscal year.
(2) For each separation code, and for each reenlistment
eligibility code, used by the Armed Forces, the number of
those discharged persons assigned that code.
(3) For the persons assigned each such separation code,
classification of discharges by age, by sex, by race, by
military rank or grade, by time in service, by unit (shown at
the small unit level), by military occupational specialty (or
the equivalent), and by reenlistment eligibility code.
SEC. 588. AUTHORITY FOR FEDERAL RECOGNITION OF NATIONAL GUARD
COMMISSIONED OFFICERS APPOINTED FROM FORMER
COAST GUARD PERSONNEL.
Section 305(a) of title 32, United States Code, is
amended--
(1) by striking ``Army, Navy, Air Force, or Marine Corps''
in paragraphs (2), (3), and (4) and inserting ``armed
forces''; and
(2) by striking ``or the United States Air Force Academy''
in paragraph (5) and inserting ``the United States Air Force
Academy, or the United States Coast Guard Academy''.
SEC. 589. STUDY OF BLENDED WING CONCEPT FOR THE AIR FORCE.
(a) Study Required.--Not later than March 1, 2005, the
Secretary of the Air Force shall submit to Congress a report
on the blended wing concept for the Air Force. The report
shall include the Secretary's findings as to the
characteristics and locations that are considered favorable
for a blended wing, a description of the manner in which
current blended wings are functioning, and a statement of the
current and future plans of the Air Force to implement the
blended wing concept.
(b) Selection Criteria.--The report shall include a
description of the criteria and attributes that the Secretary
requires when choosing units to become blended wings.
SEC. 590. CONTINUATION OF IMPACT AID ASSISTANCE ON BEHALF OF
DEPENDENTS OF CERTAIN MEMBERS DESPITE CHANGE IN
STATUS OF MEMBER.
(a) Special Rule.--For purposes of computing the amount of
a payment for an eligible local educational agency under
subsection (a) of section 8003 of the Elementary and
Secondary Education Act (20 U.S.C. 7703) for school year
2004-2005, the Secretary of Education shall continue to count
as a child enrolled in a school of such agency under such
subsection any child who--
(1) would be counted under paragraph (1)(B) of such
subsection to determine the number of
[[Page H3304]]
children who were in average daily attendance in the school;
but
(2) due to the deployment of both parents or legal
guardians of the child, the deployment of a parent or legal
guardian having sole custody of the child, or the death of a
military parent or legal guardian while on active duty (so
long as the child resides on Federal property (as defined in
section 8013(5) of such Act (7 U.S.C. 7713(5))), is not
eligible to be so counted.
(b) Termination.--The special rule provided under
subsection (a) applies only so long as the children covered
by such subsection remain in average daily attendance at a
school in the same local educational agency they attended
before their change in eligibility status.
Subtitle J--Other Matters
SEC. 591. EMPLOYMENT PREFERENCES FOR SPOUSES OF CERTAIN
DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES
SUBJECT TO RELOCATION AGREEMENTS.
(a) Spouses of Certain Civilian Employees.--(1) Section
1784 of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(h) Inclusion of Spouses of Certain DOD Civilian
Employees Subject to Relocation Agreements.--(1) For the
purposes of this section, the spouse of a civilian employee
described in paragraph (2) shall be considered to be the
spouse of a member of the armed forces.
``(2) An employee described in this paragraph is a
Department of Defense employee who, pursuant to a mandatory
mobility agreement executed as a condition of employment or
pursuant to another civilian mobility program of the
Department of Defense, has had a change of permanent duty
assignment (A) that was based on the needs of the Government,
and (B) that required a relocation of the employee's
residence.''.
(b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 1784. Employment opportunities: military spouses;
certain Department of Defense civilian spouses subject to
relocation agreements''.
(2) The item relating to such section in the table of
sections at the beginning of subchapter I of chapter 88 of
such title is amended to read as follows:
``1784. Employment opportunities: military spouses; certain Department
of Defense civilian spouses subject to relocation
agreements.''.
(c) Effective Date.--Subsection (h) of section 1784 of
title 10, United States Code, as added by subsection (a),
shall apply only with respect to spouses of employees
described in paragraph (2) of that subsection who relocate
their residence as a result of a permanent duty assignment
specified in that paragraph that is effective on or after the
date of the enactment of this Act.
SEC. 592. REPEAL OF REQUIREMENT TO CONDUCT ELECTRONIC VOTING
DEMONSTRATION PROJECT FOR THE FEDERAL ELECTION
TO BE HELD IN NOVEMBER 2004.
Section 1604 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1277; 42
U.S.C. 1977ff note) is repealed.
SEC. 593. EXAMINATION OF SEXUAL ASSAULT IN THE ARMED FORCES
BY THE DEFENSE TASK FORCE ESTABLISHED TO
EXAMINE SEXUAL HARASSMENT AND VIOLENCE AT THE
MILITARY SERVICE ACADEMIES.
(a) Extension of Task Force.--(1) The task force in the
Department of Defense established by the Secretary of Defense
pursuant to section 526 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1466)
to examine matters relating to sexual harassment and violence
at the United States Military Academy and United States Naval
Academy shall continue in existence for a period of at least
18 months after the date as of which the task force would
otherwise be terminated pursuant to subsection (i) of that
section.
(2) Upon the completion of the functions of the task force
referred to in paragraph (1) pursuant to section 526 of the
National Defense Authorization Act for Fiscal Year 2004, the
name of the task force shall be changed to the Defense Task
Force on Sexual Assault in the Military Services, and the
task force shall then carry out the functions specified in
this section. The task force shall not begin to carry out the
functions specified in this section until it has completed
its functions under such section 526.
(b) Examination of Matters Relating to Sexual Assault in
the Armed Forces.--The task force shall conduct an
examination of matters relating to sexual assault in cases in
which members of the Armed Forces are either victims or
commit acts of sexual assault.
(c) Recommendations.--The Task Force shall include in its
report under subsection (e) recommendations of ways by which
civilian officials within the Department of Defense and
leadership within the Armed Forces may more effectively
address matters relating to sexual assault. That report shall
include an assessment of, and recommendations (including any
recommendations for changes in law) for measures to improve,
with respect to sexual assault, the following:
(1) Victim care and advocacy programs.
(2) Effective prevention.
(3) Collaboration among military investigative
organizations with responsibility or jurisdiction.
(4) Coordination between military and civilian communities,
including local support organizations.
(5) Reporting procedures, data collection, and tracking.
(6) Oversight of sexual assault programs.
(7) Military justice issues.
(8) Other issues identified by the task force relating to
sexual assault.
(d) Methodology.--In carrying out its examination under
subsection (b) and in formulating its recommendations under
subsection (c), the task force shall consider the findings
and recommendations of previous reviews and investigations of
sexual assault conducted by the Department of Defense and the
Armed Forces.
(e) Report.--(1) Not later than one year after the
initiation of its examination under subsection (b), the task
force shall submit to the Secretary of Defense and the
Secretaries of the Army, Navy, and Air Force a report on the
activities of the task force and on the activities of the
Department of Defense and the Armed Forces to respond to
sexual assault.
(2) The report shall include the following:
(A) A description of any barrier to implementation of
improvements as a result of previous efforts to address
sexual assault.
(B) Other areas of concern not previously addressed in
prior reports
(C) The findings and conclusions of the task force.
(D) Any recommendations for changes to policy and law that
the task force considers appropriate.
(3) Within 90 days after receipt of the report under
paragraph (1), the Secretary of Defense shall submit the
report, together with the Secretary's evaluation of the
report, to the Committees on Armed Services of the Senate and
House of Representatives.
(f) Termination.--The task force shall terminate 90 days
after the date on which the report of the task force is
submitted to the Committees on Armed Services of the Senate
and House of Representatives pursuant to subsection (e)(3).
SEC. 594. RENEWAL OF PILOT PROGRAM FOR TREATING GED AND HOME
SCHOOL DIPLOMA RECIPIENTS AS HIGH SCHOOL
GRADUATES FOR DETERMINATIONS OF ELIGIBILITY FOR
ENLISTMENT.
Section 571(e) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (10 U.S.C. 520 note)
is amended to read as follows:
``(e) Duration of Pilot Program.--The pilot program shall
be in effect during the period beginning on October 1, 2004,
and ending on September 30, 2005.''.
SEC. 595. 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, $50,000,000 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)).
SEC. 596. SENIOR RESERVE OFFICER TRAINING CORPS AND RECRUITER
ACCESS AT INSTITUTIONS OF HIGHER EDUCATION.
(a) Certification of Compliance With ROTC Access
Provisions.--Subsection (a) of section 983 of title 10,
United States Code, is amended--
(1) by inserting ``(1)'' before ``No funds'';
(2) by striking ``prevents--'' and inserting ``prevents,
either (or both) of the following:'';
(3) by striking ``(1) the'' and inserting ``(A) The'';
(4) by striking ``; or'' and inserting a period;
(5) by striking ``(2) a'' and inserting ``(B) A''; and
(6) by adding at the end the following:
``(2)(A) Not later than 180 days after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2005 and annually thereafter, the Secretary of
Defense shall request from each institution of higher
education that has students participating in a Senior Reserve
Officer Training Corps program during the then-current
academic year of that institution a certification that such
institution, during the next academic year of the
institution, will--
``(i) permit the Secretary of each military department to
maintain a unit of the Senior Officer Training Corps (in
accordance with subsection (a)) at that institution (or any
subelement of that institution), should such Secretary elect
to maintain such a unit; and
``(ii) if the Secretary of the military department
concerned elects not to establish or maintain a unit of the
Senior Reserve Officer Training Corps at that institution,
permit a student of
[[Page H3305]]
that institution (or any subelement of that institution) to
enroll in a unit of the Senior Reserve Officer Training Corps
at another institution of higher education.
``(B) Any certification under subparagraph (A) shall be
made by the president of the institution (or equivalent
highest ranking administrative official) and shall be
submitted to the Secretary of Defense no later than 90 days
after receipt of the request from the Secretary.
``(C) In the case of any institution from which a
certification is requested under subparagraph (A), if the
Secretary of Defense does not receive a certification in
accordance with subparagraph (B), or if the certification
does not state that the university will comply with both
clauses (i) and (ii) of subparagraph (A) during its next
academic year, the Secretary shall make a determination under
paragraph (1) as to whether the institution has a policy or
practice described in that paragraph.''.
(b) Equal Treatment of Military Recruiters With Other
Recruiters.--Subsection (b)(1) of such section is amended--
(1) by striking ``entry to campuses'' and inserting
``access to campuses''; and
(2) by inserting before the semicolon at the end the
following: ``in a manner that is at least equal in quality
and scope to the access to campuses and to students that is
provided to any other employer''.
(c) Prohibition of Funding for Post-secondary Schools That
Prevent ROTC Access or Military Recruiting.--(1) Subsection
(d) of such section is amended--
(A) in paragraph (1)--
(i) by striking ``limitation established in subsection (a)
applies'' and inserting ``limitations established in
subsections (a) and (b) apply'';
(ii) in subparagraph (B), by inserting ``for any department
or agency for which regular appropriations are made'' after
``made available''; and
(iii) by adding at the end the following new subparagraphs:
``(C) Any funds made available for the Department of
Homeland Security.
``(D) Any funds made available for the National Nuclear
Security Administration of the Department of Energy.
``(E) Any funds made available for the Department of
Transportation.
``(F) Any funds made available for the Central Intelligence
Agency.''; and
(B) by striking paragraph (2).
(2)(A) Subsection (b) of such section is amended by
striking ``subsection (d)(2)'' and inserting ``subsection
(d)(1)''.
(B) Subsection (e) of such section is amended by inserting
``, to the head of each other department and agency the funds
of which are subject to the determination,'' after
``Secretary of Education''.
(d) Codification and Extension of Exclusion Of Amounts to
Cover Individual Payments.--Subsection (d) of such section,
as amended by subsection (c)(1), is further amended--
(1) by striking ``The'' after ``(1)'' and inserting
``Except as provided in paragraph (2), the''; and
(2) by adding at the end the following new paragraph:
``(2) Any Federal funding specified in paragraph (1) that
is provided to an institution of higher education, or to an
individual, to be available solely for student financial
assistance, related administrative costs, or costs associated
with attendance, may be used for the purpose for which the
funding is provided.''.
(e) Conforming Amendments.--Subsections (a) and (b) of such
section are amended by striking ``(including a grant of funds
to be available for student aid)''.
(f) Conforming Repeal of Codified Provision.--Section 8120
of the Department of Defense Appropriations Act, 2000 (Public
Law 106-79; 10 U.S.C. 983 note), is repealed
(g) Effective Date.--The amendments made by this section
shall apply with respect to funds appropriated for fiscal
year 2005 and thereafter.
SEC. 597. REPORTS ON TRANSFORMATION MILESTONES.
(a) Military to Civilian Conversions.--Not later than
January 31, 2005, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report providing information as to the
number of positions in the Department of Defense converted
during the previous fiscal year from performance by military
personnel to performance by civilian personnel. The report
shall include--
(1) a description of the skill set of the positions
converted;
(2) specification of the total cost of such conversions and
how that cost is being paid for; and
(3) the number of positions in the Department of Defense
projected for such conversion during the period from March 1,
2005, to January 31, 2006.
(b) Civilian Skills Corps Feasibility Study.--(1) The
Secretary of Defense shall conduct an Armed Forces-wide study
of how a system to embed certain civilian expertise skill
sets within the military on a temporary basis could be
implemented. The study shall include consideration of all
skills sets in which, as determined by the Secretary of
Defense, there is a significant shortfall within the Armed
Forces or which are high value, but of uncertain need. The
study shall examine the feasibility of implementing a
personnel system that expands the capability of the Armed
Forces to rapidly access civilian volunteers with needed
expertise outside of the reserve components.
(2) The Secretary shall submit to the congressional defense
committees a report on the results of the study under
paragraph (1) not later than March 31, 2005.
(c) Military-to-Military Conversions.--Not later than March
31 of each of 2005, 2006, and 2007, the Secretary of Defense
shall submit to the congressional defense committees a report
on the milestones within the multiyear transformation for
internal military-to-military transitions. Each such report
shall include--
(1) the number of units and personnel transferred and
retrained within the previous fiscal year and what their new
unit designations are; and
(2) a description of the transformation goals for the
upcoming fiscal year and whether the previous years goals
were met and why or why not.
(d) Transformation to Brigade Structure for the Army.--No
later than March 31 of each year, the Secretary of Defense
shall submit to the congressional defense committees a report
on the status of the internal transformation of the Army from
a division-orientated system to a brigade-orientated one.
Such a report shall be submitted for each year until the
Secretary of the Army certifies to those committees that the
transformation of the Army to brigade level units has been
completed.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SECTION 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2005.
(a) Waiver of Section 1009 Adjustment.--The adjustment to
become effective during fiscal year 2005 required by section
1009 of title 37, United States Code, in the rates of monthly
basic pay authorized members of the uniformed services shall
not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2005,
the rates of monthly basic pay for members of the uniformed
services are increased by 3.5 percent.
SEC. 602. AUTHORITY TO PROVIDE FAMILY SEPARATION BASIC
ALLOWANCE FOR HOUSING.
Section 403(d) of title 37, United States Code, is
amended--
(1) in paragraph (1), by striking ``is entitled to'' and
inserting ``may be paid''; and
(2) in paragraph (4), by striking the first sentence and
inserting the following new sentence: ``A family separation
basic allowance for housing paid to a member under this
subsection is in addition to any other allowance or per diem
that the member receives under this title.''
SEC. 603. GEOGRAPHIC BASIS FOR BASIC ALLOWANCE FOR HOUSING
DURING SHORT CHANGES OF STATION FOR
PROFESSIONAL MILITARY EDUCATION OR TRAINING.
Section 403(d)(3) of title 37, United States Code, is
amended by adding at the end the following new subparagraph:
``(C) If the member is reassigned for a permanent change of
station or permanent change of assignment from a duty station
in the continental United States to another duty station in
the continental United States for a period of not more than
one year for the purpose of participating in professional
military education or training classes, the Secretary
concerned may base the amount of the basic allowance for
housing for the member on the duty station to which the
member is reassigned or the area in which the dependents
reside, whichever the Secretary concerned determines to be
most equitable.''.
SEC. 604. IMMEDIATE LUMP-SUM REIMBURSEMENT FOR UNUSUAL
NONRECURRING EXPENSES INCURRED BY MEMBERS
SERVING OUTSIDE CONTINENTAL UNITED STATES.
(a) Eligibility for Reimbursement.--Section 405 of title
37, United States Code, is amended by adding at the end the
following new subsection:
``(d) Lump-Sum Reimbursement for Nonrecurring Expenses.--In
addition to providing a per diem under this section, the
Secretary concerned may reimburse a member for actual
expenses of a nonrecurring nature that the member incurs
incident to serving on duty outside of the continental United
States. The types of expenses for which reimbursement may be
provided under this paragraph shall be limited to those
expenses directly related to the conditions or location of
the duty outside of the continental United States and either
of a nature or a magnitude not normally incurred by members
assigned to duty inside the continental United States. In
determining the per diem to be paid under this section, the
Secretary concerned shall not consider expenses for which
reimbursement is provided under this paragraph.''.
(b) Use of Defined Term Continental United States.--(1)
Subsection (a) of such section is amended by striking
``outside of the United States or in Hawaii or Alaska'' and
inserting ``outside of the continental United States''.
(2) The heading of such section is amended to read as
follows:
``Sec. 405. Travel and transportation allowances: per diem
while on duty outside the continental United States''.
(3) The table of sections at the beginning of chapter 7 of
such title is amended by striking the item relating to
section 405 and inserting the following new item:
``405. Travel and transportation allowances: per diem while on duty
outside the continental United States.''.
SEC. 605. INCOME REPLACEMENT PAYMENTS FOR RESERVES
EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION
FOR ACTIVE DUTY SERVICE.
(a) In General.--(1) Chapter 19 of title 37, United States
Code, is amended by adding at the end the following new
section:
``Sec. 910. Replacement of lost income: involuntarily
mobilized reserve component members subject to extended and
frequent active duty service
``(a) Payment Required.--The Secretary concerned shall pay
to an eligible member of a reserve component of the armed
forces an amount
[[Page H3306]]
equal to the monthly active-duty income differential of the
member, as determined by the Secretary. The payments shall be
made on a monthly basis.
``(b) Eligibility.--Subject to subsection (c), a reserve
component member is entitled to a payment under this section
for any full month of active duty of the member, while on
active duty under an involuntary mobilization order,
following the date on which the member--
``(1) completes 12 continuous months of service on active
duty under such an order;
``(2) completes 18 months on active duty during the
previous 60 months under such an order; or
``(3) is involuntarily mobilized for service on active duty
six months or less following the member's separation from the
member's previous period of active duty.
``(c) Minimum and Maximum Payment Amounts.--(1) A payment
under this section shall be made to a member for a month only
if the amount of the monthly active-duty income differential
for the month is greater than $50.
``(2) Notwithstanding the amount determined under
subsection (d) for a member for a month, the monthly payment
to a member under this section may not exceed $3,000.
``(d) Monthly Active-Duty Income Differential.--For
purposes of this section, the monthly active-duty income
differential of a member is the difference between--
``(1) the average monthly civilian income of the member;
and
``(2) the member's total monthly military compensation.
``(e) Definitions.--In this section:
``(1) The term `average monthly civilian income', with
respect to a member of a reserve component, means the amount,
determined by the Secretary concerned, of the earned income
of the member for either the 12 months preceding the member's
mobilization or the 12 months covered by the member's most
recent Federal income tax filing, divided by 12.
``(2) The term `total monthly military compensation' means
the amount, computed on a monthly basis, of the sum of--
``(A) the amount of the regular military compensation (RMC)
of the member; and
``(B) any amount of special pay or incentive pay and any
allowance (other than an allowance included in regular
military compensation) that is paid to the member on a
monthly basis.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``910. Replacement of lost income: involuntarily mobilized reserve
component members subject to extended and frequent active
duty service.''.
(b) Effective Date.--Section 910 of title 37, United States
Code, as added by subsection (a), shall apply for months
after December 2004.
SEC. 606. AUTHORITY FOR CERTAIN MEMBERS DEPLOYED IN COMBAT
ZONES TO RECEIVE LIMITED ADVANCES ON THEIR
FUTURE BASIC PAY.
(a) Advancement of Basic Pay.--(1) Chapter 3 of title 37,
United States Code, is amended by adding at the end the
following new section:
``Sec. 212. Advancement of basic pay: members deployed in
combat zones for more than one year
``(a) Eligibility; Amount Advanced.--(1) If a member of the
armed forces is assigned to duty in an area for which special
pay under section 310 of this title is available and the
assignment is pursuant to orders specifying an assignment of
one year or more (or the assignment is otherwise extended
beyond one year), the member may request, during the period
of the assignment, the advanced payment of not more than
three months of the basic pay of the member.
``(2) A request by a member described in paragraph (1) for
the advanced payment of a single month of basic pay shall be
granted. The Secretary concerned may grant a request for a
second or third month of advanced basic pay during the
assignment for the member upon a showing of financial
hardship.
``(b) Recoupment of Advanced Pay.--The Secretary concerned
shall recoup an advance made on the basic pay of a member
under this section in equal installments over a one-year
period beginning as provided in subsection (c). If the member
is serving on active duty for any month during the recoupment
period, the amount of the installment for the month shall be
deducted from the basic pay of the member for that month. The
estate of a deceased member shall not be required to repay an
advance made to the member under this section.
``(c) Commencement of Recoupment.--(1) Except as provided
in paragraph (2), the recoupment of basic pay advanced to a
member under this section shall commence beginning with the
first month that begins after the end of the assignment of
the member to duty in an area for which special pay under
section 310 of this title is available
``(2) A member of a reserve component who receives an
advancement of basic pay under this section shall commence
repayment of the advance beginning with the first month that
begins after the the advanced pay is received.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``212. Advancement of basic pay: members deployed in combat zones for
more than one year.''.
(b) Effective Date.--Section 212 of title 37, United States
Code, as added by subsection (a), shall take effect October
1, 2004.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF BONUS AND SPECIAL PAY
AUTHORITIES.
(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) 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''.
(d) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of such title is amended by striking ``December
31, 2004'' and inserting ``December 31, 2005''.
(e) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December
31, 2004'' and inserting ``December 31, 2005''.
(f) Accession Bonus for Dental Officers.--Section
302h(a)(1) of such title is amended by striking ``December
31, 2004'' and inserting ``December 31, 2005''.
(g) Accession Bonus for Pharmacy Officers.--Section 302j(a)
of such title is amended by striking ``the date of the
enactment of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 and ending on
September 30, 2004'' and inserting ``October 30, 2000, and
ending on December 31, 2005''.
(h) Reenlistment Bonus for Active and Reserve Members.--
Section 308(g) of such title is amended by striking
``December 31, 2004'' and inserting ``December 31, 2005''.
(i) Enlistment Bonus for Active and Reserve Members.--
Section 309(e) of such title is amended by striking
``December 31, 2004'' and inserting ``December 31, 2005''.
(j) Special Pay for Nuclear-Qualified Officers Extending
Period of Active Service.--Section 312(e) of such title is
amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(k) Nuclear Career Accession Bonus.--Section 312b(c) of
such title is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2005''.
(l) Nuclear Career Annual Incentive Bonus.--Section 312c(d)
of such title is amended by striking ``December 31, 2004''
and inserting ``December 31, 2005''.
(m) Retention Bonus for Members Who Have Critical Military
Skills or Meet Other Criteria.--Section 323(i) of such title
is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(n) Accession or Affiliation Bonus for New Officers in
Critical Skills.--Section 324(g) of such title is amended by
striking ``December 31, 2004'' and inserting ``December 31,
2005''.
SEC. 612. REDUCTION IN REQUIRED SERVICE COMMITMENT TO RECEIVE
ACCESSION BONUS FOR REGISTERED NURSES.
(a) Reduction.--Section 302d(a)(1) of title 37, United
States Code, is amended by striking ``four years'' and
inserting ``three years''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect October 1, 2004, and apply with respect to
written agreements referred to in section 302d(a)(1) of title
37, United States Code, entered into on or after that date.
SEC. 613. INCREASE IN MAXIMUM MONTHLY RATE AUTHORIZED FOR
HARDSHIP DUTY PAY.
(a) Increase.--Section 305(a) of title 37, United States
Code, is amended by striking ``$300'' and inserting ``$750''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect October 1, 2004.
SEC. 614. TERMINATION OF ASSIGNMENT INCENTIVE PAY FOR MEMBERS
PLACED ON TERMINAL LEAVE.
(a) Termination.--Subsection (e) of section 307a of title
37, United States Code, is amended to read as follows:
``(e) Status not Affected by Temporary Duty or Leave.--The
service of a member in an assignment referred to in
subsection (a) shall not be considered discontinued during
any period that the member is not performing service in the
assignment by reason of--
``(1) the performance by the member of temporary duty
pursuant to orders; or
``(2) the absence of the member for authorized leave,
unless the member is placed on terminal leave and will not be
returning to the assignment.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to agreements under section 307a(b)
of title 37, United States Code, entered into on or after the
date of the enactment of this Act.
SEC. 615. CONSOLIDATION OF REENLISTMENT AND ENLISTMENT BONUS
AUTHORITIES FOR REGULAR AND RESERVE COMPONENTS.
(a) Consolidated Reenlistment Bonus Authority; Eligibility
Criteria.--(1) Paragraph (1) of subsection (a) of section 308
of title 37, United States Code, is amended--
(A) by striking the matter preceding subparagraph (A) and
inserting ``The Secretary concerned may pay a bonus under
paragraph (2) to a member of the armed forces serving in a
regular component or reserve component of the armed force if
the member--'';
(B) by striking subparagraph (A) and inserting the
following new subparagraph:
``(A) has completed at least 17 months of service in a
regular or reserve component of the armed forces, but not
more than 18 years of total military service;''; and
(C) by striking subparagraph (D) and all that follows
through the period at the end of such paragraph and inserting
the following:
``(D) reenlists or voluntarily extends the member's
enlistment for a period of at least three
[[Page H3307]]
years in a regular component or reserve component of the
armed forces.''.
(2) Paragraph (3) of such subsection is amended by striking
``16 years'' and inserting ``20 years''.
(3) Paragraph (5) of such subsection is amended to read as
follows:
``(5) The Secretary of Defense, and the Secretary of
Homeland Security with respect to the Coast Guard when it is
not operating as a service in the Navy, may waive all or part
of the eligibility requirements specified in paragraph (1) in
time of war or national emergency.''.
(4) Subsection (b) of such section is amended--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following new paragraph:
``(2) Notwithstanding the schedule established for making
partial bonus payments under paragraph (1), a member of a
reserve component entitled to a bonus under this section who
is called or ordered to active duty shall be paid, during
that period of active duty, any amount of the bonus that
becomes payable to the member during that period of active
duty.''.
(5) Subsection (g) of such section is amended by striking
``an active-duty reenlistment'' and inserting ``a
reenlistment''.
(b) Consolidated Enlistment Bonus Authority.--Section
309(a) of such title is amended--
(1) by striking the first sentence and inserting the
following: ``(1) The Secretary concerned may pay a bonus this
section to a person who enlists in a regular component or
reserve component of the armed forces for a period of at
least two years.''; and
(2) by inserting after the first sentence, as so amended,
the following new paragraph:
``(2) The amount of a bonus under this section may not
exceed $20,000.''.
(c) Repeal of Separate Reenlistment and Enlistment Bonus
Authority for Reserve Components.--(1) Sections 308b, 308c,
308g, 308h, and 308i of such title are repealed.
(2) The table of sections at the beginning of chapter 5 of
such title is amended by striking the items relating to
sections 308b, 308c, 308h, and 308i.
(d) Effective Date.--(1) Except as provided by paragraphs
(2) and (3), the amendments made by this section shall take
effect October 1, 2004, and the amendments made by
subsections (a) and (b) shall apply to reenlistments, the
voluntary extension of enlistments, and enlistments referred
to in section 308(a)(1) or 309(a) of title 37, United States
Code, entered into on or after that date.
(2) The amendments made by subsection (c) shall take effect
December 31, 2004, except that the repeal of section 308g of
title 37, United States Code, shall take effect on the date
of the enactment of this Act.
(3) In the case of a member of the Armed Forces who, on or
before December 31, 2004, reenlisted, voluntarily extended
the enlistment of the member, or enlisted in a reserve
component of the Armed Forces, section 308b, 308c, 308h, or
308i of title 37, United States Code, whichever applies to
the member, and as in effect on December 31, 2004, shall
continue to apply with respect to the payment of a bonus
under such section to the member.
(e) Limitation on Fiscal Year 2005 Obligations.--During
fiscal year 2005, obligations incurred under sections 308 and
309 of title 37, United States Code, to provide reenlistment
and enlistment bonuses to members of the uniformed services
using the expanded authority provided by the amendments made
by subsections (a) and (b) may not exceed $20,000,000. The
bonus authority available under such sections shall not be
considered to be an expanded authority to the extent that the
authority was available under a provision of law specified in
subsection (c), before the repeal of the provision by such
subsection.
SEC. 616. REVISION OF AUTHORITY TO PROVIDE FOREIGN LANGUAGE
PROFICIENCY PAY.
(a) In General.--(1) Section 316 of title 37, United States
Code, is amended to read as follows:
``Sec. 316. Special pay: bonus for members with foreign
language proficiency
``(a) Bonus Authorized.--The Secretary concerned may pay an
annual bonus under this section to a member of the uniformed
services who--
``(1) is qualified in a uniformed services specialty
requiring proficiency in a foreign language identified by the
Secretary concerned as a foreign language in which it is
necessary to have personnel proficient because of national
defense or public health considerations;
``(2) received training, under regulations prescribed by
the Secretary concerned, designed to develop a proficiency in
such a foreign language;
``(3) is assigned to duties requiring a proficiency in such
a foreign language; or
``(4) is proficient in a foreign language for which the
uniformed service may have a critical need, as determined by
the Secretary concerned.
``(b) Certification of Proficiency.--Except as provided in
subsection (e), for a member described in subsection (a) to
be eligible to receive or retain a bonus under this section,
the Secretary concerned shall certify the member as being
proficient in the foreign language for which bonus is
offered.
``(c) Duration of Certification.--Except as provided in
subsection (e), the certification of a member as being
proficient in a foreign language for purposes of receipt of a
bonus under this section shall expire at the end of the 12-
month period beginning on the first day of the first month
beginning on or after the certification date.
``(d) Bonus Amount; Payment Method.--The maximum amount of
the bonus paid under this section to a member may not exceed
$12,000 for the 12-month period covered by the certification
of the member. The Secretary concerned may pay the bonus in a
single lump sum at the beginning of the certification period
or in installments.
``(e) Certification Interrupted by Contingency Operation.--
(1) The Secretary concerned may waive the certification
requirement under subsection (b) and pay a bonus under this
section to a member described in subsection (a) who was
previously certified in a foreign language, but whose
certification expired under subsection (c), if--
``(A) the member is assigned to duty in connection with a
contingency operation; and
``(B) the Secretary concerned determines that the member is
unable to schedule or complete the certification required by
subsection (b) because of that assignment.
``(2) For purposes of determining the amount of a bonus to
be paid to a member under the authority of this subsection,
the Secretary concerned shall treat the date on which the
member was assigned to duty in connection with the
contingency operation as equivalent to a certification date.
In the case of a member whose certification expires during
such duty assignment, the Secretary shall commence the next
12-month period effective as of the date on which the prior
certification period expired.
``(3) A member who receives a bonus under the authority of
this subsection shall complete the certification required by
subsection (b) for the foreign language for which the bonus
was paid not later than the end of the 180-day period
beginning on the date on which the member is released from
the assignment in connection with the contingency operation.
The Secretary concerned may extend that period for a member
in accordance with regulations prescribed under subsection
(h). If the member fails to obtain the required certification
before the end of the authorized period, the Secretary
concerned may require the member to repay all or a portion of
the bonus, in the manner provided in subsection (g).
``(f) Relationship to Other Pay or Allowance.--A bonus
under this section is in addition to any other pay or
allowance payable to a member under any other provision of
law.
``(g) Repayment of Bonus.--(1) The Secretary concerned may
require a member who receives a bonus under this section, but
who does not satisfy an eligibility requirement specified in
subsection (a) for the entire certification period, to repay
to the United States an amount which bears the same ratio to
the total amount of the bonus paid to the member as the
unsatisfied portion of the certification period bears to the
entire certification period.
``(2) An obligation to repay the United States imposed
under paragraph (1) is for all purposes a debt owed to the
United States. A discharge in bankruptcy under title 11 that
is entered for the member less than five years after the
expiration of the certification period does not discharge the
member from a debt arising under this paragraph. This
paragraph applies to any case commenced under title 11 after
the date of the enactment of this section.
``(h) Regulations.--This section shall be administered
under regulations prescribed by the Secretary of Defense for
the armed forces under the jurisdiction of the Secretary, by
the Secretary of Homeland Security for the Coast Guard when
the Coast Guard is not operating as a service in the Navy, by
the Secretary of Health and Human Services for the
Commissioned Corps of the Public Health Service, and by the
Secretary of Commerce for the National Oceanic and
Atmospheric Administration.''.
(2) The table of sections at the beginning of chapter 5 of
such title is amended by striking the item relating to
section 316 and inserting the following new item:
``316. Special pay: bonus for members with foreign language
proficiency.''.
(b) Conforming Amendments.--(1) Section 316a of title 37,
United States Code, is repealed.
(2) The table of sections at the beginning of chapter 5 of
such title is amended by striking the item relating to
section 316a.
SEC. 617. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR
CRITICAL SKILLS RETENTION BONUS AND EXPANSION
OF AUTHORITY TO PROVIDE BONUS.
(a) Inclusion of Reserve Component Members.--Section 323 of
title 37, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``who is serving on active duty and'' by inserting ``who is
serving on active duty in a regular component or in an active
status in a reserve component and who''; and
(B) in paragraph (1), by inserting ``, or remain in an
active status in a reserve component,'' after ``remain on
active duty'';
(2) in subsection (e)(2), by inserting ``or service in a
reserve component'' after ``period of active duty''; and
(3) in subsection (g), by striking ``active duty'' and
inserting ``service''.
(b) Inclusion of Members Serving Pursuant to Indefinite
Reenlistment.--Subsection (a) of such section is further
amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) in paragraph (2)--
(A) by inserting ``other than an enlisted member referred
to in paragraph (3),'' after ``enlisted member,''; and
(B) by striking the period at the end and inserting ``;
or''; and
(3) by adding at the end the following new paragraph:
``(3) in the case of an enlisted member serving pursuant to
an indefinite reenlistment, the member executes a written
agreement to remain on active duty, or remain in an active
status in a reserve component, for a period of at least one
year.''.
[[Page H3308]]
(c) Additional Criteria for Bonus.--Such section is further
amended--
(1) in subsection (a), by striking ``designated critical
military skill'' and inserting ``critical military skill
designated under subsection (b) or satisfies such other
criteria for the bonus established under such subsection'';
(2) in subsection (b)--
(A) by striking ``Designation of Critical Skills.--'' and
inserting ``Basis for Bonus.--(1)''; and
(B) by adding at the end the following new paragraph:
``(2) The Secretary of Defense, and the Secretary of
Homeland Security with respect to the Coast Guard when it is
not operating as a service in the Navy, may establish such
other criteria as the Secretary considers appropriate under
which a retention bonus will be provided to an officer or
enlisted member of the armed forces under subsection (a).'';
and
(3) in subsection (h)(1), by striking ``qualified in the
critical military skills for which the bonuses were offered''
and inserting ``who were offered the bonuses''.
(d) Repeal of Separate Special and Incentive Pay
Authorities for Reserve Components.--(1) Sections 302g, 308d,
and 308e of such title are repealed.
(2) In the case of a member of the Armed Forces who, on or
before December 31, 2004, entered into a written agreement
under section 302g or 308e of title 37, United States Code,
such section 302g or 308e, whichever applies to the member,
and as in effect on December 31, 2004, shall continue to
apply after that date with respect to the payment of special
pay under such section to the member during the term of the
agreement.
(e) Clerical Amendments.--(1) The heading of section 323 of
such title is amended to read as follows:
``Sec. 323 Special pay: retention incentives for members
qualified in a critical military skill or who satisfy other
eligibility criteria''.
(2) The table of sections at the beginning of chapter 5 of
such title is amended--
(A) by striking the items relating to sections 302g, 308d,
and 308e; and
(B) by striking the item relating to section 323 and
inserting the following new item:
``323. Special pay: retention incentives for members qualified in a
critical military skill or who satisfy other eligibility
criteria.''.
(f) Effective Date.--(1) Except as provided by paragraph
(2), the amendments made by this section shall take effect
October 1, 2004, and the amendments made by subsections (a),
(b), and (c) shall apply to agreements, reenlistments, and
the voluntary extension of enlistments referred to in section
323(a) of title 37, United States Code, entered into on or
after that date.
(2) The amendments made by subsections (d)(1) and (e)(2)(A)
shall take effect December 31, 2004.
(g) Limitation on Fiscal Year 2005 Obligations.--During
fiscal year 2005, obligations incurred under section 323 of
title 37, United States Code, to provide retention bonuses to
members of the uniformed services using the expanded
authority provided by the amendments made by subsections (a),
(b), and (c) may not exceed $10,000,000. The bonus authority
available under such section shall not be considered to be an
expanded authority to the extent that the authority was
available under a provision of law specified in subsection
(d), before the repeal of the provision by such subsection.
SEC. 618. ELIGIBILITY OF NEW RESERVE COMPONENT OFFICERS FOR
ACCESSION OR AFFILIATION BONUS FOR OFFICERS IN
CRITICAL SKILLS.
(a) Eligibility.--Subsection (a) of section 324 of title
37, United States Code, is amended to read as follows:
``(a) Bonus Authorized.--(1) The Secretary concerned may
pay a bonus under this section--
``(A) to a person who executes a written agreement to
accept a commission or an appointment as an officer of armed
forces and serve on active duty in a designated critical
officer skill or serve in a reserve component of an armed
force in a designated critical officer skill; or
``(B) to an officer of an armed force, including a warrant
officer, but excluding an officer who has previously served
in the Selected Reserve or an officer who is entitled to
retired pay, who executes a written agreement to serve in a
reserve component of an armed force in a designated critical
officer skill after being discharged or released from active
duty under honorable conditions, once the officer affiliates
with a unit or position in the reserve component.
``(2) The written agreement under paragraph (1) between the
Secretary concerned and a person or officer shall specify the
period during which the person or officer will be required to
serve in a designated critical officer skill to maintain
entitlement to the bonus payment.''.
(b) Amount of Bonus.--Subsection (c) of such section is
amended to read as follows:
``(c) Amount of Bonus.--The Secretary concerned shall
determine the amount of a bonus to be paid under subsection
(a), except that a person may not receive a total of more
than $60,000 in payments under this section''.
(c) Conforming Amendments.--Such section is further
amended--
(1) in subsection (d), by striking ``accession'' both
places it appears;
(2) in subsection (e)--
(A) in the subsection heading, by striking ``Accession'';
and
(B) by striking ``an accession bonus'' and inserting ``a
bonus''; and
(3) in subsection (f), by striking ``active duty'' and
``accession'' each place it appears.
(d) Clerical Amendments.--(1) The heading of section 324 of
such title is amended to read as follows:
``Sec. 324. Special pay: accession or affiliation bonus for
officers in designated critical skills''.
(2) The table of sections at the beginning of chapter 5 of
such title is amended by striking the item relating to
section 324 and inserting the following new item:
``324. Special pay: accession or affiliation bonus for officers in
designated critical skills.''.
(e) Effective Date.--The amendments made by this section
shall take effect October 1, 2004, and apply to agreements
referred to in section 324(a) of title 37, United States Code
entered into on or after that date.
(f) Limitation on Fiscal Year 2005 Obligations.--During
fiscal year 2005, obligations incurred under section 324 of
title 37, United States Code, as amended by subsections (a)
and (b), to provide accession and affilliation bonuses to
members of the Armed Forces not previously eligible for such
a bonus under such section may not exceed $5,000,000.
SEC. 619. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR
INCENTIVE BONUS FOR CONVERSION TO MILITARY
OCCUPATIONAL SPECIALTY TO EASE PERSONNEL
SHORTAGE.
(a) Eligibility.--Section 326 of title 37, United States
Code, is amended--
(1) in subsection (a), by inserting ``of a regular or
reserve component'' after ``an eligible member'';
(2) in subsection (b)--
(A) by striking ``if--'' and all that follows through ``at
the time'' and inserting ``if, at the time''; and
(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(3) in subsection (c)(2), by inserting ``regular or reserve
component of the'' after ``chief personnel officer of the''.
(b) Effective Date.--The amendments made by this section
shall take effect October 1, 2004, and apply to agreements
referred to in section 326(a) of title 37, United States
Code, entered into on or after that date.
(c) Limitation on Fiscal Year 2005 Obligations.--During
fiscal year 2005, obligations incurred under section 326 of
title 37, United States Code, as amended by subsection (a),
to provide incentive bonuses to members of a reserve
component of the Armed Forces may not exceed $3,000,000.
SEC. 620. AVAILABILITY OF HAZARDOUS DUTY INCENTIVE PAY FOR
MILITARY FIREFIGHTERS.
(a) Additional Type of Duty Entitled to Pay.--Subsection
(a) of section 301 of title 37, United States Code, is
amended--
(1) by striking ``or'' at the end of paragraph (12);
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following new
paragraph:
``(13) involving regular participating as a firefighting
crew member, as determined by the Secretary concerned;
or''.''.
(b) Monthly Amount of Pay.--Subsection (c) of such section
is amended--
(1) in paragraph (1), by striking ``(12)'' and inserting
``(13)''; and
(2) in paragraph (2)(A), by striking ``(13)'' and inserting
``(14)''.
(c) Effective Date.--The amendments made by subsection (a)
and (b) shall take effect October 1, 2004.
Subtitle C--Travel and Transportation Allowances
SEC. 631. EXPANSION OF TRAVEL AND TRANSPORTATION ALLOWANCES
TO ASSIST SURVIVORS OF A DECEASED MEMBER TO
ATTEND BURIAL CEREMONY OF THE MEMBER.
(a) Authorized Travel Locations.--Subsection (b) of section
411f of title 37, United States Code, is amended to read as
follows:
``(b) Authorized Locations for Travel; Duration and
Rates.--(1) The allowances under subsection (a) may be
provided for travel and transportation by eligible relatives
of the deceased member to the place selected pursuant to
section 1482(a)(8) of title 10 for disposition of the remains
of the deceased member.
``(2) The allowances may not exceed the rates for two days
and the time necessary for the travel.''.
(b) Eligible Relatives.--Subsection (c)(1)(C) of such
section is amended by striking ``If no person described in
subparagraph (A) or (B) is provided travel and transportation
allowances under subsection (a)(1), the'' and inserting
``The''.
(c) Limitation on Fiscal Year 2005 Obligations.--During
fiscal year 2005, obligations incurred under section 411f of
title 37, United States Code, as amended by subsections (a)
and (b), to provide travel and transportation allowances, not
previously available under such section, to survivors of
deceased members of the uniformed services, and to provide
such allowances to persons not previously eligible for such
allowances, may not exceed $2,000,000.
SEC. 632. TRANSPORTATION OF FAMILY MEMBERS INCIDENT TO THE
SERIOUS ILLNESS OR INJURY OF MEMBERS OF THE
UNIFORMED SERVICES.
(a) Removal of Limitation on Number of Family Members.--
Subsection (a)(1) of section 411h of title 37, United States
Code, is amended by striking ``not more than two family
members'' and inserting ``a family member''.
(b) Family Members Described.--Subsection (b)(1) of such
section is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
[[Page H3309]]
``(E) other persons approved by the Secretary concerned.''.
(c) Availability of Per Diem.--Such section is further
amended--
(1) in subsection (a)(1), by inserting ``travel and''
before ``transportation''; and
(2) in subsection (c)--
(A) by inserting ``(1)'' after ``(c)'' ; and
(B) by adding at the end the following new paragraph:
``(2) In addition to the transportation authorized by
subsection (a), the Secretary concerned may provide a per
diem allowance or reimbursement for the actual and necessary
expenses of the travel, or a combination thereof, but not to
exceed the rates established under section 404(d) of this
title.''.
(d) Effective Date.--The amendments made by this section
shall take effect on October 1, 2004, and apply to
transportation described in section 411h of title 37, United
States Code, provided on or after that date.
(e) Limitation on Fiscal Year 2005 Obligations.--During
fiscal year 2005, obligations incurred under section 411h of
title 37, United States Code, as amended by subsections (a)
and (b), to provide travel and transportation allowances,
not previously available under such section, to family
members of seriously ill or injured members of the
uniformed services, and to provide such allowances to
persons not previously eligible for such allowances, may
not exceed $3,000,000.
SEC. 633. REIMBURSEMENT OF MEMBERS FOR CERTAIN LODGING COSTS
INCURRED IN CONNECTION WITH STUDENT DEPENDENT
TRAVEL.
Section 430(b) of title 37, United States Code, is
amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The transportation allowance paid to a member under
paragraph (1) may include reimbursement, at a rate prescribed
by the Secretaries concerned, for lodging costs incurred
during the annual trip for which the allowance is paid when,
for reasons beyond the control of the dependent child of the
member, the child is required to procure accommodations while
en route between the child's school and the member's duty
station.''.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 641. COMPUTATION OF BENEFITS UNDER SURVIVOR BENEFIT PLAN
FOR SURVIVING SPOUSES OVER AGE 62.
(a) Phased Increase in Basic Annuity.--
(1) Standard annuity.--
(A) Increase to 55 percent.--Clause (i) of subsection
(a)(1)(B) of section 1451 of title 10, United States Code, is
amended by striking ``35 percent of the base amount.'' and
inserting ``the product of the base amount and the percent
applicable to the month, as follows:
``(I) For a month before October 2005, the applicable
percent is 35 percent.
``(II) For months after September 2005 and before April
2006, the applicable percent is 40 percent.
``(III) For months after March 2006 and before April 2007,
the applicable percent is 45 percent.
``(IV) For months after March 2007 and before April 2008,
the applicable percent is 50 percent.
``(V) For months after March 2008, the applicable percent
is 55 percent.''.
(B) Coordination with savings provision under prior law.--
Clause (ii) of such subsection is amended by striking ``, at
the time the beneficiary becomes entitled to the annuity,''.
(2) Reserve-component annuity.--Subsection (a)(2)(B)(i)(I)
of such section is amended by striking ``35 percent'' and
inserting ``the percent specified under subsection
(a)(1)(B)(i) as being applicable for the month''.
(3) Survivors of eligible persons dying on active duty,
etc.--
(A) Increase to 55 percent.--Clause (i) of subsection
(c)(1)(B) of such section is amended--
(i) by striking ``35 percent'' and inserting ``the
applicable percent''; and
(ii) by adding at the end the following: ``The percent
applicable for a month under the preceding sentence is the
percent specified under subsection (a)(1)(B)(i) as being
applicable for that month.''.
(B) Coordination with savings provision under prior law.--
Clause (ii) of such subsection is amended by striking ``, at
the time the beneficiary becomes entitled to the annuity,''.
(4) Clerical amendment.--The heading for subsection
(d)(2)(A) of such section is amended to read as follows:
``Computation of annuity.--''.
(b) Corresponding Phased Elimination of Supplemental
Annuity.--
(1) Phased reduction of supplemental annuity.--Section
1457(b) of title 10, United States Code, is amended--
(A) by striking ``5, 10, 15, or 20 percent'' and inserting
``the applicable percent''; and
(B) by inserting after the first sentence the following:
``The percent used for the computation shall be an even
multiple of 5 percent and, whatever the percent specified in
the election, may not exceed 20 percent for months before
October 2005, 15 percent for months after September 2005 and
before April 2006, 10 percent for months after March 2006 and
before April 2007, and 5 percent for months after March 2007
and before April 2008.''.
(2) Repeal upon implementation of 55 percent sbp annuity.--
Effective on April 1, 2008, chapter 73 of such title is
amended--
(A) by striking subchapter III; and
(B) by striking the item relating to subchapter III in the
table of subchapters at the beginning of that chapter.
(c) Recomputation of Annuities.--
(1) Periodic recomputation required.--Effective on the
first day of each month specified in paragraph (2)--
(A) each annuity under section 1450 of title 10, United
States Code, that commenced before that month, is computed
under a provision of section 1451 of that title amended by
subsection (a), and is payable for that month shall be
recomputed so as to be equal to the amount that would be in
effect if the percent applicable for that month under that
provision, as so amended, had been used for the initial
computation of the annuity; and
(B) each supplemental survivor annuity under section 1457
of such title that commenced before that month and is payable
for that month shall be recomputed so as to be equal to the
amount that would be in effect if the percent applicable for
that month under that section, as amended by this section,
had been used for the initial computation of the supplemental
survivor annuity.
(2) Time for recomputation.--The requirement under
paragraph (1) for recomputation of certain annuities applies
with respect to the following months:
(A) October 2005.
(B) April 2006.
(C) April 2007.
(D) April 2008.
(d) Recomputation of Retired Pay Reductions for
Supplemental Survivor Annuities.--The Secretary of Defense
shall take such actions as are necessitated by the amendments
made by subsection (b) and the requirements of subsection
(c)(1)(B) to ensure that the reductions in retired pay under
section 1460 of title 10, United States Code, are adjusted to
achieve the objectives set forth in subsection (b) of that
section.
SEC. 642. OPEN ENROLLMENT PERIOD FOR SURVIVOR BENEFIT PLAN
COMMENCING OCTOBER 1, 2005.
(a) Persons not Currently Participating in Survivor Benefit
Plan.--
(1) Election of sbp coverage.--An eligible retired or
former member may elect to participate in the Survivor
Benefit Plan under subchapter II of chapter 73 of title 10,
United States Code, during the open enrollment period
specified in subsection (f).
(2) Election of supplemental annuity coverage.--An eligible
retired or former member who elects under paragraph (1) to
participate in the Survivor Benefit Plan at the maximum level
may also elect during the open enrollment period to
participate in the Supplemental Survivor Benefit Plan
established under subchapter III of chapter 73 of title 10,
United States Code.
(3) Eligible retired or former member.--For purposes of
paragraphs (1) and (2), an eligible retired or former member
is a member or former member of the uniformed services who on
the day before the first day of the open enrollment period is
not a participant in the Survivor Benefit Plan and--
(A) is entitled to retired pay; or
(B) would be entitled to retired pay under chapter 1223 of
title 10, United States Code, but for the fact that such
member or former member is under 60 years of age.
(4) Status under sbp of persons making elections.--
(A) Standard annuity.--A person making an election under
paragraph (1) by reason of eligibility under paragraph (3)(A)
shall be treated for all purposes as providing a standard
annuity under the Survivor Benefit Plan.
(B) Reserve-component annuity.--A person making an election
under paragraph (1) by reason of eligibility under paragraph
(3)(B) shall be treated for all purposes as providing a
reserve-component annuity under the Survivor Benefit Plan.
(b) Election to Increase Coverage Under SBP.--A person who
on the day before the first day of the open enrollment period
is a participant in the Survivor Benefit Plan but is not
participating at the maximum base amount or is providing
coverage under the Plan for a dependent child and not for the
person's spouse or former spouse may, during the open
enrollment period, elect to--
(1) participate in the Plan at a higher base amount (not in
excess of the participant's retired pay); or
(2) provide annuity coverage under the Plan for the
person's spouse or former spouse at a base amount not less
than the base amount provided for the dependent child.
(c) Election for Current SBP Participants to Participate in
Supplemental SBP.--
(1) Election.--A person who is eligible to make an election
under this paragraph may elect during the open enrollment
period to participate in the Supplemental Survivor Benefit
Plan established under subchapter III of chapter 73 of title
10, United States Code.
(2) Persons eligible.--Except as provided in paragraph (3),
a person is eligible to make an election under paragraph (1)
if on the day before the first day of the open enrollment
period the person is a participant in the Survivor Benefit
Plan at the maximum level, or during the open enrollment
period the person increases the level of such participation
to the maximum level under subsection (b) of this section,
and under that Plan is providing annuity coverage for the
person's spouse or a former spouse.
(3) Limitation on eligibility for certain sbp participants
not affected by two-tier annuity computation.--A person is
not eligible to make an election under paragraph (1) if (as
determined by the Secretary concerned) the annuity of a
spouse or former spouse beneficiary of that person under the
Survivor Benefit Plan will be computed under section 1451(e)
of title 10, United States Code. However, such a person may
during the open enrollment period waive the right to have
that annuity computed under such section. Any such election
is irrevocable. A person making such a waiver may make an
election under paragraph (1) as in the case of any other
participant in the Survivor Benefit Plan.
(d) Manner of Making Elections.--An election under this
section must be made in writing,
[[Page H3310]]
signed by the person making the election, and received by the
Secretary concerned before the end of the open enrollment
period. Any such election shall be made subject to the same
conditions, and with the same opportunities for designation
of beneficiaries and specification of base amount, that apply
under the Survivor Benefit Plan or the Supplemental Survivor
Benefit Plan, as the case may be. A person making an election
under subsection (a) to provide a reserve-component annuity
shall make a designation described in section 1448(e) of
title 10, United States Code.
(e) Effective Date for Elections.--Any such election shall
be effective as of the first day of the first calendar month
following the month in which the election is received by the
Secretary concerned.
(f) Open Enrollment Period Defined.--The open enrollment
period is the two-year period beginning on October 1, 2005.
(g) Effect of Death of Person Making Election Within Two
Years of Making Election.--If a person making an election
under this section dies before the end of the two-year period
beginning on the effective date of the election, the election
is void and the amount of any reduction in retired pay of the
person that is attributable to the election shall be paid in
a lump sum to the person who would have been the deceased
person's beneficiary under the voided election if the
deceased person had died after the end of such two-year
period.
(h) Applicability of Certain Provisions of Law.--The
provisions of sections 1449, 1453, and 1454 of title 10,
United States Code, are applicable to a person making an
election, and to an election, under this section in the same
manner as if the election were made under the Survivor
Benefit Plan or the Supplemental Survivor Benefit Plan, as
the case may be.
(i) Additional Premium.--The Secretary of Defense may
require that the premium for a person making an election
under subsection (a)(1) or (b) include, in addition to the
amount required under section 1452(a) of title 10, United
States Code, an amount determined under regulations
prescribed by the Secretary of Defense for the purposes of
this subsection. Any such amount shall be stated as a
percentage of the base amount of the person making the
election and shall reflect the number of years that have
elapsed since the person retired, but may not exceed 4.5
percent of that person's base amount.
(j) Report Concerning Open Season.--Not later than July 1,
2005, the Secretary of Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the open
season authorized by this section for the Survivor Benefit
Plan. The report shall include the following:
(1) A description of the Secretary's plans for
implementation of the open season.
(2) The Secretary's estimates of the costs associated with
the open season, including any anticipated effect of the open
season on the actuarial status of the Department of Defense
Military Retirement Fund.
(3) Any recommendation by the Secretary for further
legislative action.
SEC. 643. SOURCE OF FUNDS FOR SURVIVOR BENEFIT PLAN ANNUITIES
FOR DEPARTMENT OF DEFENSE BENEFICIARIES OVER
AGE 62.
(a) In General.--Chapter 74 of title 10, United States
Code, is amended as follows:
(1) Section 1465(b) of such title is amended by adding at
the end the following new paragraph:
``(4) At the same time that the Secretary of Defense makes
the determination required by paragraph (1) for any fiscal
year, the Secretary shall determine the amount of the
Treasury contribution to be made to the Fund for the next
fiscal year under section 1466(b)(2)(E) of this title. That
amount shall be determined in the same manner as the
determination under paragraph (1) of the total amount of
Department of Defense contributions to be made to the Fund
during that fiscal year under section 1466(a) of this title,
except that for purposes of this paragraph the Secretary, in
making the calculations required by subparagraphs (A) and (B)
of that paragraph, shall use the single level percentages
determined under subsection (c)(5), rather than those
determined under subsection (c)(1).''.
(4) Section 1465(c) of such title is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting before the semicolon
at the end the following: ``and as if benefits under
subchpater II of chapter 73 of this title for beneficiaries
62 years of age and older were computed for any fiscal year
on the basis of the percentage of 35 percent, rather than any
percentage otherwise applicable for that computation for that
fiscal year''; and
(ii) in subparagraph (B), by inserting before the period at
the end the following: ``and as if benefits under subchapter
II of chapter 73 of this title for beneficiaries 62 years of
age and older were computed for any fiscal year on the basis
of the percentage of 35 percent, rather than any percentage
otherwise applicable for that computation for that fiscal
year'';
(B) by redesignating paragraph (5) as paragraph (6); and
(C) by inserting after paragraph (4) the following new
paragraph (5):
``(5) Whenever the Secretary carries out an actuarial
valuation under paragraph (1), the Secretary shall include as
part of such valuation the following:
``(A) A determination of a single level percentage
determined in the same manner as applies under subparagraph
(A) of paragraph (1), but determined as if benefits under
subchapter II of chapter 73 of this title for beneficiaries
62 years of age and older were computed for any fiscal year
on the basis of the percentage of 35 percent, rather than any
percentage otherwise applicable for that computation for that
fiscal year.
``(B) A determination of a single level percentage
determined in the same manner as applies under subparagraph
(B) of paragraph (1), but determined as if benefits under
subchapter II of chapter 73 of this title for beneficiaries
62 years of age and older were computed for any fiscal year
on the basis of the percentage of 35 percent, rather than any
percentage otherwise applicable for that computation for that
fiscal year.
Such single level percentages shall be used for the purposes
of subsection (b)(4).''.
(5) Section 1466(b) of such title is amended--
(A) in paragraph (1), by inserting ``1465(b)(4),'' after
``1465(b)(3),''; and
(B) by adding at the end of paragraph (2) the following new
subparagraph:
``(E) The amount for that year determined by the Secretary
of Defense under section 1465(b)(4) of this title for the
cost to the Fund arising from increased amounts payable from
the Fund by reason of benefits under subchapter II of chapter
73 of this title for beneficiaries 62 years of age and older
being computed for any fiscal year on the basis of the
percentage greater than 35 percent.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as of October 1, 2004. If this Act is
enacted after that date, the Secretary of Defense shall
provide for such administrative adjustments as necessary to
provide for payments made for any period during fiscal year
2005 before the date of the enactment of this Act to be
treated as having been made in accordance with such
amendments and for the provisions of those amendments to be
implemented as if enacted as of September 30, 2004.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits
SEC. 651. CONSOLIDATION AND REORGANIZATION OF LEGISLATIVE
PROVISIONS REGARDING DEFENSE COMMISSARY SYSTEM
AND EXCHANGES AND OTHER MORALE, WELFARE, AND
RECREATION ACTIVITIES.
(a) Provisions Related to Commissary Stores.--Chapter 147
of title 10, United States Code, is amended--
(1) by striking the table of sections at the beginning of
the chapter and sections 2481, 2483, 2485, and 2487;
(2) by redesignating sections 2482, 2484, and 2486 as
sections 2485, 2483 and 2484, respectively;
(3) by inserting after the chapter heading the following:
``Subchapter Sec.
``I. Defense Commissary System.................................2481....
``II. Relationship, Continuation, and Common Policies of Defense
Commissary and Exchange Systems............................2487....
``III. Morale, Welfare, and Recreation Programs and Nonappropriated
Fund Instrumentalities.....................................2491....
``SUBCHAPTER I--DEFENSE COMMISSARY SYSTEM
``Sec.
``2481. Existence and purpose of defense commissary system.
``2482. Commissary stores: criteria for establishment or closure; store
size.
``2483. Commissary stores: use of appropriated funds to cover operating
expenses.
``2484. Commissary stores: merchandise that may be sold; uniform
surcharges and pricing.
``2485. Commissary stores: operation.
``Sec. 2481. Existence and purpose of defense commissary
system
``(a) Existence of System.--The Secretary of the Defense
shall operate, using funds appropriated to the Department of
Defense, a world-wide system of commissary stores that sell,
at reduced prices, food and other merchandise consistent with
societal norms for product selection in commercial large-
scale grocery stores in the United States to members of the
uniformed services on active duty, members of the uniformed
services entitled to retired pay, dependents of such members,
and patrons authorized to use the system under chapter 54 of
this title.
``(b) Purpose of System.--The purpose of the defense
commissary system is to enhance the quality of life of
members of the uniformed services, retired members,
dependents of such members, and other authorized patrons and
to provide such members with an additional nonmonetary
compensation in recognition of their service to the United
States.
``(c) Reduced Prices Defined.--In this section, the term
`reduced prices' means prices for food and other merchandise
determined using the price setting process specified in
section 2484 of this title.
``Sec. 2482. Commissary stores: criteria for establishment or
closure; store size
``(a) Primary Consideration for Establishment.--The needs
of members of the uniformed services on active duty and their
dependents shall be the primary consideration whenever the
Secretary of Defense--
``(1) assesses the need to establish a commissary store;
and
``(2) selects the actual location for the store.
``(b) Store Size.--In determining the size of a commissary
store, the Secretary of Defense shall take into consideration
the number of all authorized patrons of the defense
commissary system who are likely to use the store.
``(c) Closure Considerations.--(1) Whenever assessing
whether to close a commissary store, the effect of the
closure on the quality of life of members of the uniformed
services and their dependents using the store and on the
welfare and
[[Page H3311]]
security of the military community in which the commissary is
located shall be the primary consideration. In all cases, the
quality of life for military patrons shall take priority over
any consideration of economic criteria relative to store
financial performance.
``(2) The Secretary of Defense shall give the quality of
life for members of a reserve component the same priority as
the quality of life for active duty members whenever
assessing whether to close a commissary store, including when
the assessment is undertaken as a result of the closure or
realignment of a military installation under a base closure
law.
``(d) Congressional Notification.--The closure of a
commissary store shall not take effect until the end of the
90-day period beginning on the date on which the Secretary of
Defense submits to Congress written notice of the reasons
supporting the closure. The written notice shall include an
assessment of the impact closure will have on the quality of
life for military patrons and the welfare and security of the
military community in which the commissary is located.'';
(4) by inserting sections 2483 and 2484, as redesignated by
paragraph (2), after section 2482, as added by paragraph (3);
(5) in section 2484, as redesignated by paragraph (2)--
(A) by striking subsections (a), (b), (c), and (g);
(B) by redesignating subsections (d), (e), and (f) as
subsections (f), (g), and (h), respectively;
(C) by inserting before subsection (f), as so redesignated,
the following new subsections:
``(a) In General.--As provided in section 2481(a) of this
title, commissary stores are intended to be similar to
commercial grocery stores and may sell merchandise similar to
that sold in commercial grocery stores. The Secretary of
Defense shall ensure that the design and format of commissary
stores are consistent with modern grocery store stockage and
format.
``(b) Required Commissary Merchandise Categories.--
Merchandise sold in, at, or by commissary stores shall
include items in the following categories:
``(1) Meat, poultry, and seafood.
``(2) Nonalcoholic beverages.
``(3) Produce.
``(4) Grocery food, whether stored chilled, frozen, or at
room temperature.
``(5) Dairy products.
``(6) Bakery and delicatessen items.
``(7) Nonfood grocery items.
``(8) Health and beauty aids.
``(9) Magazines and periodicals.
``(10) Telephone cards, greeting cards, and film and one-
time use cameras.
``(c) Inclusion of General Merchandise Items.--(1) Among
the various defense retail systems--
``(A) commissary stores shall be the primary Department of
Defense-operated store for the sale of items described in
paragraphs (1) through (7) of subsection (b); and
``(B) exchange stores shall continue to maintain the
exclusive right to operate convenience stores, shopettes, and
troop stores, including such stores established to support
contingency operations.
``(2) Merchandise sold in commissary stores may include
such general merchandise items as the Secretary of Defense
may prescribe, except that the Secretary may not exclude
seasonal items, tobacco products, pet supplies, batteries,
potted plants and floral bouquets, women's hosiery, and
school supplies, to the extent such products have been
available in commissary stores before June 1, 2004, unless
the Secretary determines that space or other considerations
preclude the sale of all or some of the specified items. The
Secretary shall provide notice to Congress of any reduction
in the availability of such items at least 30 days before the
reduction takes effect.
``(3) A military exchange may be considered as the vendor
for the purchase of tobacco products, greeting cards, and
film and one-time use cameras and shall serve as the vendor
for telephone cards. Subsections (e) and (f) shall not apply
to the pricing of such an item when a military exchange
serves as the vendor of the item. Commissary store and
exchange prices shall be comparable for such an item.
``(4) During the two-year period ending March 31, 2007, the
Secretary shall maintain sales data for commissary stores and
exchange stores regarding the items identified in subsection
(b)(10). Not later than August 1, 2007, the Secretary shall
submit to Congress a report containing such sales data.
``(d) Excluded Goods or Services.--Commissary stores shall
not offer film development services.
``(e) Uniform Sales Price Surcharge.--The Secretary of
Defense shall apply a uniform surcharge equal to not more
than five percent on the sales prices established under
subsection (f) for each item of merchandise sold in, at, or
by commissary stores.'';
(D) in subsection (f), as so redesignated, by striking
``(consistent with this section and section 2685 of this
title)'' in paragraph (1);
(E) in subsection (h), as so redesignated, by striking
``Subsections (c) and (d)'' and inserting ``Subsections (e)
and (f)''; and
(F) by adding at the end the following new subsection:
``(i) Use of Surcharge for Construction, Repair,
Improvement, and Maintenance.--(1)(A) The Secretary of
Defense may use the proceeds from the surcharges imposed
under subsection (e) only--
``(i) to acquire (including acquisition by lease),
construct, convert, expand, improve, repair, maintain, and
equip the physical infrastructure of commissary stores and
central product processing facilities of the defense
commissary system; and
``(ii) to cover environmental evaluation and construction
costs related to activities described in clause (i),
including costs for surveys, administration, overhead,
planning, and design.
``(B) In subparagraph (A), the term `physical
infrastructure' includes real property, utilities, and
equipment (installed and free standing and including computer
equipment), necessary to provide a complete and usable
commissary store or central product processing facility.
``(2)(A) The Secretary of Defense may authorize a
nonappropriated fund instrumentality of the United States to
enter into a contract for construction of a shopping mall or
similar facility for a commissary store and one or more
nonappropriated fund instrumentality activities. The
Secretary may use the proceeds of surcharges under subsection
(e) to reimburse the nonappropriated fund instrumentality for
the portion of the cost of the contract that is attributable
to construction of the commissary store or to pay the
contractor directly for that portion of such cost.
``(B) In subparagraph (A), the term `construction', with
respect to a facility, includes acquisition, conversion,
expansion, installation, or other improvement of the
facility.
``(3) The Secretary of Defense, with the approval of the
Director of the Office of Management and Budget, may obligate
anticipated proceeds from the surcharges under subsection (e)
for any use specified in paragraph (1) or (2), without regard
to fiscal year limitations, if the Secretary determines that
such obligation is necessary to carry out any use of such
adjustments or surcharges specified in such paragraph.
``(4) Revenues received by the Secretary of Defense from
the following sources or activities of commissary store
facilities shall be available for the purposes set forth in
paragraphs (1), (2), and (3):
``(A) Sale of recyclable materials.
``(B) Sale of excess and surplus property.
``(C) License fees.
``(D) Royalties.
``(E) Fees paid by sources of products in order to obtain
favorable display of the products for resale, known as
business related management fees.'';
(6) by inserting section 2485, as redesignated by paragraph
(2), after section 2484, as amended by paragraph (5); and
(7) in section 2485, as redesignated by paragraph (2)--
(A) in subsection (a)(2), by adding at the end the
following new sentence: ``Until December 31, 2009, the
Defense Commissary Agency is not required to conduct any
cost-comparison study under the policies and procedures of
Office of Management and Budget Circular A-76 relating to the
possible contracting out of commissary store functions.'';
(B) in subsection (b)(2), by striking ``section 2484'' and
inserting ``section 2483'';
(C) in subsection (c)(2), by adding at the end the
following new sentences: ``The chairman of the governing
board shall be a commissioned officer or member of the senior
executive service who has demonstrated experience or
knowledge relevant to the management of the defense
commissary system. In selecting other members of the
governing board, the Secretary shall give priority to persons
with experience related to logistics, military personnel,
military entitlements or other experiences of value of
management of commissaries.''; and
(D) by adding at the end the following new subsections:
``(d) Assignment of Active Duty Members.--(1) Except as
provided in paragraph (2), members of the armed forces on
active duty may not be assigned to the operation of a
commissary store.
``(2)(A) The Secretary of Defense may assign an officer on
the active-duty list to serve as the Director of the Defense
Commissary Agency.
``(B) Not more than 18 members (in addition to the officer
referred to in subparagraph (A)) of the armed forces on
active duty may be assigned to the Defense Commissary Agency.
Members who may be assigned under this subparagraph to
regional headquarters of the agency shall be limited to
enlisted members assigned to duty as advisers in the regional
headquarters responsible for overseas commissaries and to
veterinary specialists.
``(e) Reimbursement for Use of Commissary Facilities by
Military Departments.--(1) The Secretary of a military
department shall pay the Defense Commissary Agency the amount
determined under paragraph (2) for any use of a commissary
facility by the military department for a purpose other than
commissary sales or operations in support of commissary
sales.
``(2) The amount payable under paragraph (1) for use of a
commissary facility by a military department shall be equal
to the share of depreciation of the facility that is
attributable to that use, as determined under regulations
prescribed by the Secretary of Defense.
``(3) The Director of the Defense Commissary Agency shall
credit amounts paid under paragraph (1) for use of a facility
to an appropriate account to which proceeds of a surcharge
applied under section 2484(e) of this title are credited.
``(4) This subsection applies with respect to a commissary
facility that is acquired, constructed, converted, expanded,
installed, or otherwise improved (in whole or in part) with
the proceeds of a surcharge applied under section 2484(e) of
this title.
``(f) Donation of Unusable Food.--(1) The Secretary of
Defense may donate food described in paragraph (2) to any of
the following entities:
``(A) A charitable nonprofit food bank that is designated
by the Secretary of Defense or the Secretary of Health and
Human Services as authorized to receive such donations.
``(B) A State or local agency that is designated by the
Secretary of Defense or the Secretary of Health and Human
Services as authorized to receive such donations.
[[Page H3312]]
``(C) A chapter or other local unit of a recognized
national veterans organization that provides services to
persons without adequate shelter and is designated by the
Secretary of Veterans Affairs as authorized to receive such
donations.
``(D) A not-for-profit organization that provides care for
homeless veterans and is designated by the Secretary of
Veterans Affairs as authorized to receive such donations.
``(2) Food that may be donated under this subsection is
commissary store food, mess food, meals ready-to-eat (MREs),
rations known as humanitarian daily rations (HDRs), and other
food available to the Secretary of Defense that--
``(A) is certified as edible by appropriate food inspection
technicians;
``(B) would otherwise be destroyed as unusable; and
``(C) in the case of commissary store food, is unmarketable
and unsaleable.
``(3) In the case of commissary store food, a donation
under this subsection shall take place at the site of the
commissary store that is donating the food.
``(4) This subsection does not authorize any service
(including transportation) to be provided in connection with
a donation under this subsection.
``(g) Collection of Dishonored Checks.--(1) The Secretary
of Defense may impose a charge for the collection of a check
accepted at a commissary store that is not honored by the
financial institution on which the check is drawn. The
imposition and amounts of charges shall be consistent with
practices of commercial grocery stores regarding dishonored
checks.
``(2)(A) The following persons are liable to the United
States for the amount of a check referred to in paragraph (1)
that is returned unpaid to the United States, together with
any charge imposed under that paragraph:
``(i) The person who presented the check.
``(ii) Any person whose status and relationship to the
person who presented the check provide the basis for that
person's eligibility to make purchases at a commissary store.
``(B) Any amount for which a person is liable under
subparagraph (A) may be collected by deducting and
withholding such amount from any amounts payable to that
person by the United States.
``(3) Amounts collected as charges imposed under paragraph
(1) shall be credited to the commissary trust revolving fund.
``(4) Appropriated funds may be used to pay any costs
incurred in the collection of checks and charges referred to
in paragraph (1). An appropriation account charged a cost
under the preceding sentence shall be reimbursed the amount
of that cost out of funds in the commissary trust revolving
fund.
``(5) In this subsection, the term `commissary trust
revolving fund' means the trust revolving fund maintained by
the Department of Defense for surcharge collections and
proceeds of sales of commissary stores.
``(h) Release of Certain Commercially Valuable Information
to Public.--(1) The Secretary of Defense may limit the
release to the public of any information described in
paragraph (2) if the Secretary determines that it is in the
best interest of the Department of Defense to limit the
release of such information. If the Secretary determines to
limit the release of any such information, the Secretary may
provide for limited release of such information in accordance
with paragraph (3).
``(2) Paragraph (1) applies to the following:
``(A) Information contained in the computerized business
systems of commissary stores or the Defense Commissary Agency
that is collected through or in connection with the use of
electronic scanners in commissary stores, including the
following information:
``(i) Data relating to sales of goods or services.
``(ii) Demographic information on customers.
``(iii) Any other information pertaining to commissary
transactions and operations.
``(B) Business programs, systems, and applications
(including software) relating to commissary operations that
were developed with funding derived from commissary
surcharges.
``(3)(A) The Secretary of Defense may, using competitive
procedures, enter into a contract to sell information
described in paragraph (2).
``(B) The Secretary of Defense may release, without charge,
information on an item sold in commissary stores to the
manufacturer or producer of that item or an agent of the
manufacturer or producer.
``(C) The Secretary of Defense may, by contract entered
into with a business, grant to the business a license to use
business programs referred to in paragraph (2)(B), including
software used in or comprising any such program. The fee
charged for the license shall be based on the costs of
similar programs developed and marketed by businesses in the
private sector, determined by means of surveys.
``(D) Each contract entered into under this paragraph shall
specify the amount to be paid for information released or a
license granted under the contract, as the case may be.
``(4) Information described in paragraph (2) may not be
released, under paragraph (3) or otherwise, in a form that
identifies any customer or that provides information making
it possible to identify any customer.
``(5) Amounts received by the Secretary under this section
shall be credited to funds derived from commissary surcharges
applied under section 2484(e) of this title, shall be merged
with those funds, and shall be available for the same
purposes as the funds with which merged.''.
(b) Relation Between Defense Commissary and Exchange
Systems.--Chapter 147 of title 10, United States Code, is
further amended--
(1) by inserting after section 2485, as amended by
subsection (a)(7), the following:
``SUBCHAPTER II--RELATIONSHIP, CONTINUATION, AND COMMON POLICIES OF
DEFENSE COMMISSARY AND EXCHANGE SYSTEMS
``Sec.
``2487. Existence and purpose of defense commissary system.
``2488. Combined exchange and commissary stores.
``2489. Overseas commissary and exchange stores: access and purchase
restrictions.
``Sec. 2487. Relationship between defense commissary system
and exchange stores system
``(a) Separate Systems.--(1) Except as provided in
paragraph (2), the defense commissary system and the exchange
stores system shall be operated as separate systems of the
Department of Defense.
``(2) Paragraph (1) does not apply to the following:
``(A) Combined exchange and commissary stores operated
under the authority provided by section 2489 of this title.
``(B) NEXMART stores of the Navy Exchange Service Command
established before October 1, 2003.
``(b) Consolidation or Other Organizational Changes of
Defense Retail Systems.--(1) The operation and administration
of the defense retail systems may not be consolidated or
otherwise merged unless the consolidation or merger is
specifically authorized by an Act of Congress.
``(2) In this subsection, the term `defense retail systems'
means the defense commissary system and exchange stores
system and other revenue-generating facilities operated by
nonappropriated fund instrumentalities of the Department of
Defense for the morale, welfare, and recreation of members of
the armed forces'';
(2) by redesignating sections 2488, 2489, 2489a as sections
2495, 2495a, and 2495b, respectively; and
(3) by redesignating sections 2490a and 2492 as sections
2488 and 2489, respectively, and inserting such sections
after section 2487, as added by paragraph (1).
(c) MWR Programs and Nonappropriated Fund
Instrumentalities.--Chapter 147 of title 10, United States
Code, is further amended--
(1) by inserting after section 2489, as redesignated and
moved by subsection (b)(3), the following:
``SUBCHAPTER III--MORALE, WELFARE, AND RECREATION PROGRAMS AND
NONAPPROPRIATED FUND INSTRUMENTALITIES
``Sec.
``2491. Uniform funding and management of morale, welfare, and
recreation programs.
``2491a. Department of Defense golf courses: limitation on use of
appropriated funds.
``2491b. Use of appropriated funds for operation of Armed Forces
Recreation Center, Europe: limitation.
``2491c. Retention of morale, welfare, and recreation funds by military
installations: limitation.
``2492. Nonappropriated fund instrumentalities: contracts with other
agencies and instrumentalities to provide and obtain
goods and services.
``2493. Fisher Houses: administration as nonappropriated fund
instrumentality.
``2494. Nonappropriated fund instrumentalities: furnishing utility
services for morale, welfare, and recreation purposes.
``2495. Nonappropriated fund instrumentalities: purchase of alcoholic
beverages.
``2495a. Overseas package stores: treatment of United States wines.
``2495b. Sale or rental of sexually explicit material prohibited.'';
(2) by redesignating section 2494 as section 2491 and
inserting such section after the table of sections at the
beginning of subchapter III, as added by paragraph (1);
(3) by redesignating section 2482a as section 2492 and
inserting such section before section 2493;
(4) by inserting after section 2493 the following new
section:
``Sec. 2494. Nonappropriated fund instrumentalities:
furnishing utility services for morale, welfare, and
recreation purposes
``Appropriations for the Department of Defense may be used
to provide utility services for--
``(1) buildings on military installations authorized by
regulation to be used for morale, welfare, and recreation
purposes; and
``(2) other morale, welfare, and recreation activities for
members of the armed forces.''; and
(5) by inserting sections 2495, 2495a, and 2495b, as
redesignated by subsection (b)(2), after section 2494, as
added by paragraph (4).
(d) Inclusion of Other Title 10 Provisions.--Sections 2246,
2247, and 2219 of title 10, United States Code, are--
(1) transferred to chapter 147 of such title;
(2) inserted after section 2491, as redesignated and moved
by subsection (c)(2); and
(3) redesignated as sections 2491a, 2491b, and 2491c,
respectively.
(e) Conforming Amendments.--(1) Section 977 of title 10,
United States Code, is repealed.
(2) Section 2868 of such title is amended by striking
``for--'' and all that follows through the period at the end
and inserting ``for buildings constructed at private cost, as
authorized by law.''.
(3) Section 367 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
112 Stat. 1987; 10 U.S.C. 2482 note) is repealed.
(f) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 49 of title
[[Page H3313]]
10, United States Code, is amended by striking the item
relating to section 977.
(2) The table of sections at the beginning of chapter 132
of such title is amended by striking the item relating to
section 2219.
(3) The table of sections at the beginning of subchapter I
of chapter 134 of such title is amended by striking the items
relating to sections 2246 and 2247.
SEC. 652. CONSISTENT STATE TREATMENT OF DEPARTMENT OF DEFENSE
NONAPPROPRIATED FUND HEALTH BENEFITS PROGRAM.
Section 349 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2727) is
amended by adding at the end the following new subsection:
``(c) Treatment of Program as Federal Health Benefit
Program.--(1) No State tax, fee, other monetary payment, or
State health plan requirement, may be imposed, directly or
indirectly, on the Nonappropriated Fund Uniform Health
Benefits Program of the Department of Defense, or on a
carrier or an underwriting or plan administration contractor
of the Program, to the same extent as such prohibition
applies to the health insurance program authorized by chapter
89 of title 5, United States Code, under section 8909(f) of
such title.
``(2) Paragraph (1) shall not be construed to exempt the
Nonappropriated Fund Uniform Health Benefits Program of the
Department of Defense, or any carrier or underwriting or plan
administration contractor of the Program from the imposition,
payment, or collection of a tax, fee, or other monetary
payment on the net income or profit accruing to, or realized
by, the Program or by such carrier or contractor from
business conducted under the Program, so long as the tax,
fee, or payment is applicable to a broad range of business
activity.
``(3) In this section, the term `State' means each of the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands,
and any political subdivision or other non-Federal authority
thereof.''.
SEC. 653. COOPERATION AND ASSISTANCE FOR QUALIFIED SCOUTING
ORGANIZATIONS SERVING DEPENDENTS OF MEMBERS OF
THE ARMED FORCES AND CIVILIAN EMPLOYEES
OVERSEAS.
(a) Authority to Cooperate and Provide Assistance.--
Subsection (a) of section 2606 of title 10, United States
Code, is amended--
(1) in subsection (a), by striking ``Subject to subsection
(b)'' and inserting ``In the interest of promoting the
recognized morale, welfare, and recreation of members of the
armed forces''; and
(2) in subsection (b), by striking ``and may'' and all that
follows through ``armed forces''.
(b) Treatment of Organizations and Employees.--Such section
is further amended--
(1) by striking subsections (e) and (f);
(2) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (b) the following new
subsections:
``(c) Treatment as Nonappropriated Fund
Instrumentalities.--(1) Subject to paragraphs (2) and (3), to
the extent a qualified scouting organization is providing
services for members of the armed forces and their
dependents, or civilian employees of the Department of
Defense and their dependents, at a location outside the
United States consistent with the regulations prescribed
under subsection (b), the qualified scouting organization
shall be a nonappropriated fund instrumentality of the
Department of Defense.
``(2) Notwithstanding treatment as a nonappropriated fund
instrumentality of the Department of Defense, personnel of
the qualified scouting organization who are performing duties
in connection with cooperation and assistance provided under
subsection (a) may continue such policies and procedures
related to personnel management and such other policies or
procedures established by the qualified scouting organization
as the personnel consider appropriate, subject to the
approval of the qualified scouting organization.
``(3) A qualified scouting organization operating outside
the United States may operate as a private association
overseas for the purpose of raising funds. Any funds so
raised may not be commingled with amounts retained in a
nonappropriated morale, welfare, and recreation account of
the Department of Defense.
``(d) Treatment as Nonappropriated Fund Instrumentality
Employees.--(1) Personnel of a qualified scouting
organization who are performing duties in connection with
cooperation and assistance provided under subsection (a) for
members of the armed forces and their dependents, or civilian
employees of the Department of Defense and their dependents,
shall be nonappropriated fund instrumentality employees of
the United States for any period during which the personnel
perform such duties.
``(2) Such personnel of a qualified scouting organization
shall receive the same benefits, entitlements, and logistical
support as other nonappropriated fund instrumentality
employees, except that such personnel--
``(A) shall be allowed to decline to participate in
retirement programs or other personnel management policies or
procedures available to other nonappropriated fund
instrumentality employees and elect to continue the programs,
policies or procedures made available by the qualified
scouting organization; and
``(B) shall not receive nonappropriated fund
instrumentality employment credit nor rehire priority.
``(3) In the regulations prescribed under subsection (b),
the Secretary of Defense may authorize the use of funds
appropriated to the Department of Defense to pay costs of
such personnel of a qualified scouting organization,
including reimbursement of the personnel or the qualified
scouting organization, in the case of those retirement,
personnel management, and other compensation programs
regarding which the personnel have elected to continue the
programs made available to them by the qualified scouting
organization.''.
(c) Conforming and Clerical Amendments.--Such section is
further amended--
(1) in subsection (a), by inserting ``Authority to
Cooperate and Provide Assistance.--'' after ``(a)'';
(2) in subsection (c), by inserting ``Basis for Cooperation
and Assistance.--'';
(3) in subsection (e), as redesignated by subsection
(b)(2)--
(A) by inserting ``Provision of Transportation, Space, and
Services.--'' after ``(e)''; and
(B) in the matter preceding paragraph (1), by inserting ``,
using the authority of subsection (d)(3)'' after
``furnished'';
(4) in subsection (f), as redesignated by subsection
(b)(2), by inserting ``Transportation of Supplies.--'' after
``(f)''; and
(5) in subsection (g), by inserting ``Definition.--'' after
``(g)''.
Subtitle F--Other Matters
SEC. 661. REPEAL OF REQUIREMENT THAT MEMBERS ENTITLED TO
BASIC ALLOWANCE FOR SUBSISTENCE PAY SUBSISTENCE
CHARGES WHILE HOSPITALIZED.
(a) Repeal.--(1) Section 1075 of title 10, United States
Code, is repealed.
(2) The table of sections at the beginning of chapter 55 of
such title is amended by striking the item relating to
section 1075.
(b) Conforming Amendment Regarding Military-Civilian Health
Services Partnership Program.--Section 1096(c) of such title
is amended--
(1) by inserting ``who is a dependent'' after ``covered
beneficiary''; and
(2) by striking ``shall pay'' and all that follows through
the period at the end of paragraph (2) and inserting ``shall
pay the charges prescribed by section 1078 of this title.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 662. CLARIFICATION OF EDUCATION LOANS QUALIFYING FOR
EDUCATION LOAN REPAYMENT PROGRAM FOR RESERVE
COMPONENT HEALTH PROFESSIONS OFFICERS.
Section 16302(a)(5) of title 10, United States Code, is
amended by inserting ``a basic professional qualifying degree
(as determined under regulations prescribed by the Secretary
of Defense) or graduate education in'' after ``regarding''.
SEC. 663. SURVEY AND ANALYSIS OF EFFECT OF EXTENDED AND
FREQUENT MOBILIZATION OF RESERVISTS FOR ACTIVE
DUTY SERVICE ON RESERVIST INCOME.
(a) Survey of Mobilized Reservists to Determine
Differential Between Private Sector Income and Military
Compensation.--(1) The Secretary of Defense shall conduct a
survey involving members of the reserve components who serve,
or have served, on active duty in support of a contingency
operation at any time during the period beginning on
September 11, 2001, and ending on September 30, 2005, to
determine the extent to which such members sustained a
reduction in monthly income during the period of the active
duty service compared to the average monthly civilian income
of the members during the 12 months preceding their
mobilization.
(2) At least 50 percent of the total number of members of
the reserve components who have served on active duty in
support of a contingency operation at any time during the
period specified in paragraph (1) shall be included in the
survey.
(b) Calculation of Income Differential.--For each member
surveyed under subsection (a) who reports that total monthly
military compensation during the active duty service of the
member was less, or appeared to be less, than the average
monthly civilian income of the member, the Secretary of
Defense, in cooperation with the member, shall calculate the
monthly active-duty income differential for the member.
(c) Definitions Used in Conducting Survey and
Calculations.--In this section:
(1) The term ``monthly active-duty income differential'',
with respect to a member of a reserve component surveyed
under subsection (a), means the difference between--
(A) the average monthly civilian income of the member; and
(B) the total monthly military compensation of the member.
(2) The term ``average monthly civilian income'', with
respect to a member of a reserve component surveyed under
subsection (a), means the amount, determined by the Secretary
of Defense, of the earned income of the member for the 12
months preceding the first mobilization of the member during
the period specified in subsection (a)(1), divided by 12.
(3) The term ``total monthly military compensation'', with
respect to a member of a reserve component surveyed under
subsection (a), means the amount, computed on a monthly
basis, of the sum of--
(A) the amount of the regular military compensation (RMC),
as defined in section 101(25) of title 37, United States
Code, of the member during the period specified in subsection
(a)(1); and
(B) any amount of special pay or incentive pay and any
allowance (other than an allowance included in regular
military compensation) that is paid to the member on a
monthly basis during the period specified in subsection
(a)(1).
(d) Collection of Demographic Data.--The Secretary of
Defense shall collect demographic
[[Page H3314]]
data regarding each member of a reserve component surveyed
under subsection (a), including, at a minimum, data on the
following:
(1) Reserve component.
(2) Unit of assignment.
(3) Grade.
(4) Age.
(5) Years of service.
(6) Sex.
(7) Marital status.
(8) Number of dependents.
(9) General category of private-sector employment, as
determined by the Secretary, but to include an employment
category to cover members who are self-employed.
(10) Military occupational specialty, including specifying
all surveyed members who are serving in a critical wartime
specialty.
(11) Length of service on active duty during the most
recent mobilization.
(12) Number of times mobilized since September 11, 2001.
(e) Effect of Income Loss on Retention.--The Secretary of
Defense shall include in the survey a question to solicit
information from each member of a reserve component surveyed
under subsection (a) regarding the likely effect of a
reoccurring monthly active-duty income differential for the
member while serving on active duty on the decision of the
member to remain in the reserve component.
(f) Analysis of Survey Data.--(1) At a minimum, the
Secretary of Defense shall determine, for each variable
listed in paragraphs (2) through (12) of subsection (d), the
number of members of the reserve components surveyed under
subsection (a) who sustained a monthly active-duty income
differential for any month during their active duty service
and compare and contrast that number with the number of
members who did not experience a monthly active-duty income
differential.
(2) The Secretary shall also determine the average amount
of the active-duty income differential by reserve component
for each variable within the characteristics listed in
paragraphs (2) through (12) of subsection (d).
(g) Submission of Survey Results and Recommendations.--Not
later than January 31, 2006, the Secretary of Defense shall
submit to Congress and the Comptroller General a report
containing the results of the surveys conducted under
subsection (a), including the results of the analysis of
survey data required by subsection (e). The Secretary shall
include such recommendations as the Secretary considers
appropriate regarding alternatives for restoring income lost
by members of the reserve components who sustained a monthly
active-duty income differential during their active duty
service.
(h) Comptroller General Evaluation.--Not later than March
31, 2006, the Comptroller General shall submit to Congress an
assessment of the findings and recommendations contained in
the report of the Secretary of Defense submitted under
subsection (g).
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Enhanced Benefits for Reserves
SEC. 701. DEMONSTRATION PROJECT FOR TRICARE COVERAGE FOR
READY RESERVE MEMBERS.
(a) Demonstration Program.--Section 1076b of title 10,
United States Code, is amended to read as follows:
``Sec. 1076b. TRICARE demonstration project: coverage for
members of the Ready Reserve
``(a) In General.--(1) The Secretary of Defense shall
conduct a demonstration project beginning in fiscal year 2005
to test whether TRICARE coverage for certain Ready Reserve
members and their families enhances medical readiness and
retention of such members.
``(2) Under the demonstration project required by paragraph
(1), within the scope of the project, as established by the
Secretary, members of the Ready Reserve may be allowed to
enroll for coverage under the TRICARE Standard option of the
TRICARE program and receive benefits under such enrollment
for any period that the member--
``(A) is not eligible for health care benefits under an
employer-sponsored health benefits plan; and
``(B) either--
``(i) is not on active duty; or
``(ii) is on active duty but under a call or order to
active duty for a period of 30 days or less.
``(3) A member allowed to enroll in TRICARE Standard under
the demonstration project may enroll for self-only coverage
or self and family coverage.
``(b) Scope of Coverage .--A member and the dependents of a
member enrolled in TRICARE Standard under this section shall
be entitled to the same benefits and shall pay the same
charges as are provided under section 1079 of this title.
``(c) Premiums.--(1) The Secretary of Defense shall charge
premiums for coverage pursuant to enrollments under this
section. The Secretary shall prescribe a premium for self
only coverage and a premium for self and family coverage.
``(2) The monthly amount of the premium in effect for a
month for a type of coverage under this section shall be the
amount equal to 28 percent of the total amount determined by
the Secretary on an appropriate actuarial basis as being
reasonable for the coverage.
``(3) The premiums payable by a member under this
subsection may be deducted and withheld from basic pay
payable to the member under section 204 of title 37 or from
compensation payable to the member under section 206 of such
title. The Secretary shall prescribe the requirements and
procedures applicable to the payment of premiums by members
not entitled to such basic pay or compensation.
``(4) Amounts collected as premiums under this subsection
shall be credited to the appropriation available for the
Defense Health Program Account under section 1100 of this
title, shall be merged with sums in such Account that are
available for the fiscal year in which collected, and shall
be available under subparagraph (B) of such section for such
fiscal year.
``(d) Conditions of Eligibility.--(1) The Secretary of
Defense may establish other conditions of eligibility,
including requiring a member to submit any certification that
the Secretary considers appropriate to substantiate the
member's assertion that the member is not eligible for health
care benefits under any other health benefits plan.
``(2) In the case of any member who is self-employed and
not eligible for coverage under any other employer-sponsored
health benefits plan, the member shall not be considered
eligible to enroll under this section if the member's income
in the prior calendar year exceeded $40,000.
``(e) Scope and Terms of Demonstration Project.--The
geographic scope and priorities for enrollment under the
demonstration program, if any, shall be established by the
Secretary of Defense. The Secretary may establish such other
terms and conditions for the demonstration project required
by subsection (a) as the Secretary determines appropriate to
accomplish its purposes.
``(f) Termination of Authority.--An enrollment in TRICARE
under this section may not continue after December 31, 2007.
``(g) Evaluation of Demonstration and Report to Congress.--
Not later than March 1, 2007, the Secretary shall provide to
Congress a report on the results of the demonstration project
required by this section. Such report shall include an
analysis of the impact of the demonstration on medical
readiness and retention of the members who enrolled, an
assessment of the costs and benefits of any improvements in
medical readiness or retention, and recommendations
concerning TRICARE Standard coverage for Ready Reserve
members.
``(h) Definition.--In this section, the term `TRICARE
Standard' means the option of the TRICARE program that is
also known as the Civilian Health and Medical Program of the
Uniformed Services, as defined in section 1072(4) of this
title.''.
(b) Termination of Coverage Under Superseded Provision of
Law.--An enrollment in TRICARE under section 1076b of title
10, United States Code, as in effect before the date of the
enactment of this Act may not continue after such date.
(c) Site Identification.--(1) Not later than 60 days after
the date of enactment of this Act, the Secretary of Defense,
in consultation with the Committees on Armed Services of the
Senate and the House of Representatives, shall identify not
less than 10 sites that meet the criteria specified in
paragraph (2) for the conduct of the demonstration project
required under section 1076b of title 10, United States Code,
as amended by this section.
(2) For purposes of paragraph (1), the sites selected for
the conduct of the demonstration project shall be areas of
the United States that include a substantial number of
personnel expected to be ordered to active duty for a period
of more than 30 days.
(d) Independent Evaluation and Reports.--(1) The
Comptroller General shall conduct an evaluation of the
demonstration project required under section 1076b of title
10, United States Code (as amended by this section) The
evaluation shall include an assessment of the following:
(A) Compliance by the Department of Defense with the
requirements under section 1076b of title 10, United States
Code (as amended by this section).
(B) A description of the effects of the demonstration
project on medical readiness and retention of the
participants compared to nonparticipants.
(C) The number of Ready Reserve members and their
dependents opting to participate in the demonstration
project.
(D) An analysis of how the demonstration project affects
the overall accessibility of care in the direct and purchased
care systems and a description of the unintended effects (if
any) upon the normal treatment priority system.
(E) A description of the difficulties (if any) experienced
by the Department of Defense in managing the demonstration
project.
(F) Any impact of the demonstration project on employers,
including causing them to discontinue health care insurance
benefits for employees who are members of the reserves.
(G) A recommendation whether to extend the demonstration
project or make the project permanent.
(H) A determination of whether the terms and conditions of
the demonstration project should be continued or modified if
the project is extended or expanded.
(I) Implications on cost, medical readiness, recruitment,
and retention if the demonstration project was made available
to all reservists meeting the enrollment criteria throughout
the United States and its territories.
(J) Any additional elements that the Comptroller General
determines are appropriate to assess the demonstration
project.
(2) The Comptroller General shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives--
(A) an interim report on the evaluation under this section
not later than 12 months after the date on which the
demonstration project begins operation; and
(B) a final report on the evaluation under this section not
later than March 1, 2007.
SEC. 702. COMPTROLLER GENERAL REPORT ON THE COST AND
FEASIBILITY OF PROVIDING PRIVATE HEALTH
INSURANCE STIPENDS FOR MEMBERS OF THE READY
RESERVES.
(a) Study Required.--The Comptroller General shall conduct
a study on the cost and feasibility of providing a stipend to
members of the
[[Page H3315]]
Ready Reserves to offset the cost of continuing private
health insurance coverage for the member's dependents when
the member is on active duty for a period of more than 30
days, with the dependents being ineligible to enroll in the
TRICARE program and payment of the stipend ending when the
member is no longer on active duty.
(b) Matters Covered.--The study shall include the following
matters:
(1) Recommendation for a benefit amount and cost to the
Department of Defense.
(2) Potential effects on medical readiness, recruitment,
and retention.
(3) The extent to which the Reserves and members of their
families might participate under the stipend program.
(4) Administrative and management considerations for the
Department of Defense.
(5) Impact of pre-existing conditions on continuity of care
for dependents.
(6) Possible implications for employers.
(c) Report.--Not later than March 31, 2005, the Comptroller
General shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives a report containing the results of the
study under this section.
SEC. 703. IMPROVEMENT OF MEDICAL SERVICES FOR ACTIVATED
MEMBERS OF THE READY RESERVE AND THEIR
FAMILIES.
(a) Requirement for TRICARE Coverage for Dependents of
Members of Reserve Components Called to Active Duty.--
Paragraph (1) of section 1074(d) of title 10, United States
Code, is amended--
(1) by inserting ``a dependent of'' after ``chapter,'';
(2) by inserting ``a dependent of a member'' after
``treated as being''; and
(3) by striking ``the later of'' and all that follows
through the period at the end of subparagraph (B) and
inserting ``the date described in paragraph (3).''.
(b) Authority for TRICARE Coverage for Members of Reserve
Components Called To Active Duty.--Section 1074(d) of such
title is further amended--
(1) by striking paragraph (3);
(2) by redesignating paragraph (2) as paragraph (4); and
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) The Secretary of Defense may, beginning on the date
described in paragraph (3), provide a member of a reserve
component of the armed forces who is issued a delayed-
effective-date active-duty order, or is covered by such an
order, such medical and dental care (in addition to care for
which the member is eligible under section 1074a(f) of this
title or other provisions of law) the Secretary determines
appropriate.
``(3) The date referred to in paragraphs (1) and (2) with
respect to a member is the later of the date that is--
``(A) the date of the issuance of the delayed-effective-
date active-duty order; or
``(B) 90 days before the date on which the period of active
duty is to commence under such order for that member.''.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2005.
SEC. 704. MODIFICATION OF WAIVER OF CERTAIN DEDUCTIBLES UNDER
TRICARE PROGRAM.
Section 1095d(a) of title 10, United States Code, is
amended in paragraphs (1) and (2) by striking ``less than one
year'' each place it appears and inserting ``more than 30
days''.
SEC. 705. AUTHORITY FOR PAYMENT BY UNITED STATES OF
ADDITIONAL AMOUNTS BILLED BY HEALTH CARE
PROVIDERS TO ACTIVATED RESERVE MEMBERS.
Section 1079(h) of title 10, United States Code, is amended
by adding at the end of paragraph (4) the following new
subparagraph:
``(C) In the case of services billed to a dependent
referred to in subsection (a) of a member of a reserve
component who is ordered to active duty for a period of more
than 30 days in support of a contingency operation under a
provision of law referred to in section 101(a)(13)(B) of this
title, the regulations shall provide that, in addition to
amounts otherwise payable by the United States, the Secretary
may pay the amount referred to in subparagraph (B)(i) for the
services.''.
SEC. 706. EXTENSION OF TRANSITIONAL HEALTH CARE BENEFITS
AFTER SEPARATION FROM ACTIVE DUTY.
(a) Extension of Transitional Health Care Benefits.--
Paragraph (3) of section 1145(a) of title 10, United States
Code, is amended to read as follows:
``(3) Transitional health care shall be available under
this subsection for a period beginning on the date on which
the member is separated from active duty and ending on the
earlier of--
``(A) 180 days after the date on which the member is
separated from active duty; or
``(B) the date on which the member and dependents of the
member are covered by a health plan sponsored by an
employer.''.
(b) Limitation.--During the period beginning on January 1,
2005, and ending on September 30, 2005, not more than
$170,000,000 of the amount appropriated pursuant to the
authorization for operations and maintenance for the Defense
Health Program in section 303(a) may be used for transitional
health care under section 1145(a) of title 10, United States
Code, as amended by this section.
(c) Effective Date.--The amendment made by subsection (a)
shall apply with respect to separations from active duty that
take effect on or after January 1, 2005.
Subtitle B--Other Benefits Improvements
SEC. 711. COVERAGE OF CERTAIN YOUNG CHILDREN UNDER TRICARE
DENTAL PROGRAM.
(a) Coverage of Certain Young Children.--Section
1076a(k)(2) of title 10, United States Code, is amended by
inserting after ``by reason of'' the following: ``the
dependent's young age on the date of death of the member
of''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.
SEC. 712. COMPTROLLER GENERAL REPORT ON PROVISION OF HEALTH
AND SUPPORT SERVICES FOR EXCEPTIONAL FAMILY
MEMBER PROGRAM ENROLLEES.
(a) Evaluation Requirement.--The Comptroller General shall
evaluate the effect of the Exceptional Family Member Program
(in this section referred to as ``EFMP'') on health and
support services in selected civilian communities near
military installations with a high concentration of EFMP
enrollees.
(b) Matters Covered.--The evaluation under subsection (a)
shall include a discussion of the following:
(1) Communities that have high concentrations of EFMP
enrollees that use State and local health and support
services.
(2) Needs of EFMP enrollees, if any, that are not met by
State and local health and support services.
(3) The burdens, financial and otherwise, placed on State
and local health and support services by EFMP enrollees and
their families.
(4) The ability of the TRICARE program to meet the needs of
EFMP enrollees and their families.
(5) Reasons for any limitations of the TRICARE program, the
EFMP, and State and local health and support services in
providing assistance to EFMP enrollees and their families.
(6) Recommendations for more effectively meeting the needs
of EFMP enrollees and their families.
(c) Communities Covered.--The evaluation under subsection
(a) shall examine no fewer than four civilian communities, as
determined by the Comptroller General, that have high
concentrations of EFMP enrollees and that are near several
military installations, including at least two military
installations with tenants from more than one of the Armed
Forces.
(d) Definitions.--In this section:
(1) The term ``health and support services'' means services
provided to children and other dependents with special needs,
including specialized day care, mental health day treatment
services, respite services, counseling, and other such
services provided for children and other dependents with
special needs.
(2) The term ``TRICARE program'' has the meaning given that
term in section 1072(7) of title 10, United States Code.
(e) Report.--Not later than March 31, 2005, the Comptroller
General shall submit to the Armed Services Committees of the
Senate and the House of Representatives a report on the
results of the evaluation required under subsection (a), with
findings and recommendations.
SEC. 713. EXCEPTIONAL ELIGIBILITY FOR TRICARE PRIME REMOTE.
Section 1079(p) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) The Secretary of Defense may provide for coverage of
a dependent referred to in subsection (a) who is not
described in paragraph (3) if the Secretary determines that
exceptional circumstances warrant such coverage.''.
SEC. 714. TRANSITION TO HOME HEALTH CARE BENEFIT UNDER SUB-
ACUTE CARE PROGRAM.
Section 1074j of title 10, United States Code, is amended
in subsection (b)(3)--
(1) by inserting ``(A)'' after ``(3)''; and
(2) by adding at the end the following:
``(B) The Secretary of Defense shall establish procedures
for the transition to and implementation of the home health
care benefit required by subparagraph (A). The Secretary may
provide in such procedures that covered beneficiaries who,
before the implementation of such benefit, received home
health care under this chapter in excess of such benefit, may
continue to receive such care for such time as the Secretary
considers appropriate.''.
SEC. 715. REQUIREMENT RELATING TO PRESCRIPTION DRUG BENEFITS
FOR MEDICARE-ELIGIBLE ENROLLEES UNDER DEFENSE
HEALTH CARE PLANS.
Section 1074g(a)(6) of title 10, United States Code, is
amended--
(1) by inserting ``(A)'' after ``(6)''; and
(2) by adding at the end the following:
``(B) For a medicare-eligible beneficiary, the cost-sharing
requirements may not be in excess of the cost-sharing
requirements applicable to all other beneficiaries covered by
section 1086 of this title. For purposes of the preceding
sentence, a medicare-eligible beneficiary is a beneficiary
eligible for health benefits under section 1086 of this title
pursuant to subsection (d)(2) of such section.''.
SEC. 716. PROFESSIONAL ACCREDITATION OF MILITARY DENTISTS.
Section 1077(c) of title 10, United States Code, is
amended--
(1) by striking ``A'' and inserting ``(1) Except as
provided in paragraph (2), a''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Dependents who have not attained age 13 and who
are participating under a dental plan established under
section 1076a of this title may be treated by post-graduate
dental students in eligible dental treatment facilities if--
``(i)(I) treatment of pediatric dental patients is required
to comply with American Dental Association accreditation
standards; or
[[Page H3316]]
``(II) pediatric dental training is required to enable
post-graduate dental students to provide dental care for such
dependents outside the United States; and
``(ii) there are insufficient numbers of children eligible
to be provided dental care under section 1076(a) of this
title to meet such standards or training requirements.
``(B) The total number of dependents who may be treated
under this paragraph may not exceed 2,000 in any fiscal year.
``(C) In this paragraph, an eligible dental treatment
facility is a dental treatment facility with a post-graduate
dental education program accredited by the American Dental
Association.''.
SEC. 717. ADDITION OF CERTAIN UNREMARRIED FORMER SPOUSES TO
PERSONS ELIGIBLE FOR DENTAL INSURANCE PLAN OF
RETIREES OF THE UNIFORMED SERVICES.
(a) Eligibility of Certain Former Spouses for Dental
Coverage.--(1) Section 1076c(b) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(6) A person who--
``(i) is an unremarried former spouse of a member described
in paragraph (1) or (2);
``(i) is described in section 1072(2)(F)(i) of this title;
and
``(ii) does not have dental coverage under an employer-
sponsored health plan.''.
(b) Effective Date.--Section 1076c(b)(6) of title 10,
United States Code, as added by subsection (a), shall take
effect on the date of the enactment of this Act.
SEC. 718. WAIVER OF COLLECTION OF PAYMENTS DUE FROM CERTAIN
PERSONS UNAWARE OF LOSS OF CHAMPUS ELIGIBILITY.
(a) Authority To Waive Collection.--The Secretary of
Defense may waive (in whole or in part) the collection of
payments otherwise due from a person described in subsection
(b) as a result of the receipt by the person of health
benefits under section 1086 of title 10, United States Code,
after the termination of the person's eligibility for such
benefits and may also authorize continued coverage of
benefits under section 1086 of such title for such person for
the period described in subsection (c).
(b) Persons Eligible.--A person shall be eligible for
relief under subsection (a) if the person--
(1) is a person described in paragraph (1) of subsection
(d) of section 1086, of title 10, United States Code;
(2) in the absence of such paragraph, would have been
eligible for health benefits under such section;
(3) at the time of the receipt of such benefits, satisfies
the criteria specified in subparagraph (B) of paragraph (2)
of such subsection; and
(4) was unaware of the loss of eligibility to receive
health benefits at the time they were received.
(c) Extent of Authority.--The authority to waive the
collection of payments and to continue coverage of benefits
under this section shall apply during the period beginning on
July 1, 1999, and ending on December 31, 2004, under terms
established by the Secretary of Defense.
(d) Quarterly Reports.--(1) The Secretary of Defense shall
provide quarterly reports to the Committees on Armed Services
of the Senate and House of Representatives regarding--
(A) efforts by the Department of Defense to identify
persons who satisfy the criteria specified in subparagraph
(B) of subsection (d)(2) of section 1086 of title 10, United
States Code, and would be eligible for health benefits under
such section if the criteria specified in subparagrpah (A)
were also satisfied; and
(B) actions taken by the Department with respect to persons
identified under subparagraph (B) of this paragraph.
(2) The first report under paragraph (1) shall be submitted
not later than 30 days after the end of the first quarter of
fiscal year 2005.
Subtitle C--Planning, Programming, and Management
SEC. 721. PILOT PROGRAM FOR TRANSFORMATION OF HEALTH CARE
DELIVERY.
(a) Findings.--(1) Congress finds the following:
(A) Historically, providing military health care to
military beneficiaries has centered on building a military
medical treatment facility and providing a full range of
services on a military installation.
(B) Traditionally, in many locations the majority of
military personnel and their dependents who are eligible
beneficiaries of the military health care system do not live
on military installations.
(C) As the cost of repairing, replacing, recapitalizing, or
expanding aging military treatment facilities and maintaining
adequate health care services on military installations
increases, the Department of Defense will be challenged to
find new, more cost-effective ways of providing enhanced
health care for military and civilian beneficiaries of the
Department of Defense health care system.
(2) In view of these findings, the Secretary of Defense is
directed to examine feasible and cost-effective methods for
leveraging and expanding non-military health care resources
to provide health care to military beneficiaries.
Furthermore, the Secretary of Defense shall conduct a pilot
program in accordance with this section.
(b) Pilot Program Purposes.--The Secretary of Defense shall
conduct a pilot program at one or more military installations
for purposes of testing--
(1) the feasibility and cost effectiveness of expanding use
of non-military health care resources, particularly in cases
in which such use would reduce or eliminate the need for
military medical construction projects;
(2) initiatives that build cooperative health care
arrangements and agreements between military installations
and local and regional non-military health care systems; and
(3) development of an integrated, long range business plan
for the delivery of health care services for military
beneficiaries, incorporating present and potential future
capabilities in the non-military health care sector.
(c) Requirements of Pilot Program.--In conducting the pilot
program, the Secretary of Defense shall--
(1) identify and analyze health care delivery options that
range from outsourcing all health care delivery services to
the private sector to providing some health care services in
military facilities located on the installation;
(2) determine the cost avoidance or savings resulting from
innovative partnerships between the Department of Defense and
the private sector and limiting recapitalization costs in
military facilities;
(3) study the potential, viability, cost efficiency, and
health care effectiveness of Department of Defense health
care providers delivering health care in civilian community
hospitals;
(4) determine the opportunities for and barriers to
coordinating and leveraging the use of existing health care
resources, including Federal, State, local, and contractor
assets; and
(5) develop recommendations for a model health care
delivery system that may be used at other military
installations.
(d) Consultation Requirements.--The Secretary of Defense
shall develop the pilot program in consultation with the
Secretaries of the military departments, representatives from
the military installation selected for the pilot program,
Federal, State, and local entities, and the TRICARE managed
care support contractor with responsibility for that
installation.
(e) Selection of Military Installation.--The pilot program
shall be implemented at one or more military installations
selected by the Secretary of Defense. At least one of the
selected military installations shall meet the following
criteria:
(1) The military installation is an Army installation
located in a rural area.
(2) The military installation has members of the Armed
Forces on active duty and members of reserve components of
the Armed Forces that use the installation as a training and
operational base, with members routinely deploying in support
of the global war on terrorism.
(3) The number of members of the Armed Forces on active
duty permanently assigned to the military installation is
expected to increase over the next five years.
(4) One or more partnerships exist at the military
installation with civilian health care entities in the form
of limited specialty care services in the military medical
treatment facility on the installation.
(5) There is a military treatment facility on the
installation that does not have inpatient or trauma center
care capabilities.
(6) There is a civilian community hospital within 15 miles
of the military installation with limited capability to
expand inpatient care beds, intensive care, and specialty
services.
(7) There is no civilian hospital with a trauma center
within 50 miles from the military installation.
(f) Duration of Pilot Program.--Implementation of the pilot
program developed under this subsection shall begin not later
than May 1, 2005, and shall be conducted during fiscal years
2005, 2006, and 2007.
(g) Funds.--For fiscal year 2005, not more than $5,000,000
of the amount appropriated pursuant to the authorization for
operations and maintenance for the Defense Health Program in
section 303(a) may be used to conduct the pilot program under
this section.
(h) Reports.--Not later than July 1, 2005, the Secretary of
Defense shall submit an interim report to the Committees on
Armed Services of the Senate and of the House of
Representatives describing the details of the pilot program.
Not later than July 1, 2007, the Secretary of Defense shall
submit to such committees a final report describing the
results of the pilot program with recommendations for a model
health care delivery system for other military installations.
SEC. 722. STUDY OF PROVISION OF TRAVEL REIMBURSEMENT TO
HOSPITALS FOR CERTAIN MILITARY DISABILITY
RETIREES.
(a) Study.--The Secretary of Defense shall conduct a study
of the feasibility, and of the desirability, of providing
that a member of the uniformed services retired under chapter
61 of title 10, United States Code, for a combat-related
disability (as defined in section 1413a(e) of that title)
shall be provided reimbursement for the travel expenses of
such member for travel, during the two-year period beginning
on the date of the retirement of the member, to a military
treatment facility for medical care. The Secretary shall
include in that study consideration of whether reimbursement
under such a plan should, as nearly as practicable, be under
the same terms and conditions, and at the same rate, as apply
to beneficiary travel reimbursement provided by the Secretary
of Veterans Affairs under section 111 of title 38, United
States Code.
(b) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report providing the
results of the study under subsection (a). Such report shall
be submitted not later than March 1, 2005.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 801. RAPID ACQUISITION AUTHORITY TO RESPOND TO COMBAT
EMERGENCIES.
(a) In General.--Chapter 141 of title 10, United States
Code, is amended by adding at the end the following new
section:
[[Page H3317]]
``Sec. 2410p. Rapid acquisition authority to respond to
combat emergencies
``(a) Rapid Acquisition Authority.--The Secretary of
Defense may rapidly acquire, in accordance with this section,
equipment needed by a combatant commander to eliminate a
combat capability deficiency that has resulted in combat
fatalities.
``(b) Process for Rapid Acquisition.--Not later than 30
days after the date of the enactment of this section, the
Secretary of Defense shall develop a process for the rapid
acquisition authority provided by subsection (a) and submit
to Congress a detailed explanation of the process, including
procedures to be followed in carrying out the process. The
process shall provide for the following:
``(1) A requirement that the process may be used only to
acquire the minimum amount of equipment needed until the
needs of the combatant commander can be fulfilled under
existing acquisition statutes, policies, directives, and
regulations.
``(2) A goal of awarding a contract for the equipment
within 15 days after receipt of a request from a commander.
``(3) In a case in which the equipment cannot be acquired
without an extensive delay, a requirement for an interim
solution to minimize the combat capability deficiency and
combat fatalities until the equipment can be acquired.
``(4) Waiver of the applicability of all policies,
directives, and regulations related to--
``(A) the establishment of the requirement for the
equipment;
``(B) the research, development, test, and evaluation of
the equipment; and
``(C) the solicitation and selection of sources, and the
award of the contract, for procurement of the equipment.
``(5) Such other procedures or requirements as the
Secretary considers appropriate.
``(c) Waiver of Certain Statutes.--For purposes of
exercising the authority provided by subsection (a) with
respect to equipment, laws relating to the following shall
not apply:
``(A) The establishment of the requirement for the
equipment.
``(B) The research, development, test, and evaluation of
the equipment.
``(C) The solicitation and selection of sources, and the
award of the contract, for procurement of the equipment.
``(d) Limitations.--The rapid acquisition authority
provided by subsection (a) may be used only--
``(1) after the Secretary of Defense, without delegation,
determines in writing that there exists a combat capability
deficiency that has resulted in combat fatalities; and
``(2) to acquire equipment in an amount aggregating not
more than $100,000,000 during a fiscal year.
``(e) Source of Funds.--For acquisitions under this section
to be made during any fiscal year, the Secretary may use any
funds made available to the Department of Defense for that
fiscal year.
``(f) Notification to Congress After Each Use of
Authority.--The Secretary of Defense shall notify the
congressional defense committees within 15 days after each
use of the authority provided by subsection (a). Each such
notice shall identify the equipment to be acquired, the
amount to be expended for such acquisition, and the source of
funds for such acquisition.
``(g) Combatant Commander.--In this section, the term
`combatant commander' means the commander of a unified
combatant command with authority for the conduct of
operations in a specific area of responsibility or who
otherwise has authority to conduct operations at the
direction of the President or Secretary of Defense.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2410p. Rapid acquisition authority to respond to combat
emergencies.''.
SEC. 802. DEFENSE ACQUISITION WORKFORCE CHANGES.
(a) Selection Criteria and Procedures.--Section
1732(b)(1)(A) of title 10, United States Code, is amended by
striking ``within grade GS-13 or above of the General
Schedule'' and inserting ``in any position designated by the
Secretary of Defense''.
(b) Critical Acquisition Positions.--Section 1733 of such
title is amended by striking subsection (b) and inserting the
following:
``(b) Designation of Critical Acquisition.--(1) The
Secretary of Defense shall designate the acquisition
positions in the Department of Defense that are critical
acquisition positions. Such positions shall include the
following:
``(A) Program executive officer.
``(B) Program manager of a major defense acquisition
program (as defined in section 2430 of this title) or of a
significant nonmajor defense acquisition program (as defined
in section 1737(a)(3) of this title).
``(C) Deputy program manager of a major defense acquisition
program.
``(D) Any other acquisition position of significant
responsibility determined by the Secretary to be critical.
``(2) The Secretary shall annually publish a list of the
positions designated under this subsection.''.
(c) Scholarship Programs.--Section 1742 of such title is
amended--
(1) by inserting ``(a) Programs.--'' at the beginning of
the text; and
(2) by adding at the end the following new subsection:
``(b) Scholarship Program Requirements.--With respect to
any scholarship program conducted under this section, the
Secretary of Defense and the participant shall agree in
writing to the terms of the scholarship. The agreement shall
include the obligations of the Secretary and the participant,
as well as actions available for either party to take if
there is a failure to meet the obligations under the
agreement.''.
SEC. 803. LIMITATION ON TASK AND DELIVERY ORDER CONTRACTS.
Subsection 2304a(f) of title 10, United States Code, is
amended to read as follows:
``(f) Contract Period.--The head of an agency entering into
a task or delivery order contract under this section may
provide for the contract to cover any base period up to five
years and may extend the contract period for one or more
successive periods pursuant to an option provided in the
contract or a modification to the contract.''.
SEC. 804. FUNDING FOR CONTRACT CEILINGS FOR CERTAIN MULTIYEAR
PROCUREMENT CONTRACTS.
(a) Multiyear Contracts Relating to Property.--Section
2306b(g) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``Before any'';
(2) by striking ``Committee'' through ``House of
Representatives'' and inserting ``congressional defense
committees''; and
(3) by adding at the end the following new paragraph:
``(2) In the case of a contract described in subsection (a)
with a cancellation ceiling described in paragraph (1), if
the budget for the contract does not include proposed funding
for the costs of contract cancellation up to the cancellation
ceiling established in the contract, the head of the agency
concerned shall, as part of the certification required by
subsection (i)(1)(A), give written notification to the
congressional defense committees of--
``(A) the cancellation ceiling amounts planned for each
program year in the proposed multiyear procurement contract,
together with the reasons for the amounts planned;
``(B) the extent to which costs of contract cancellation
are not included in the budget for the contract; and
``(C) a financial risk assessment of not including
budgeting for costs of contract cancellation, including
proposed funding sources to meet such cancellation costs if
the contract is canceled.''.
(b) Multiyear Contracts Relating to Services.--Section
2306c(d) of title 10, United States Code, is amended--
(1) in paragraphs (1), (3), and (4), by striking
``committees of Congress named in paragraph (5)'' and
inserting ``congressional defense committees'' each place it
appears; and
(2) by amending paragraph (5) to read as follows:
``(5) In the case of a contract described in subsection (a)
with a cancellation ceiling described in paragraph (4), if
the budget for the contract does not include proposed funding
for the costs of contract cancellation up to the cancellation
ceiling established in the contract, the head of the agency
concerned shall give written notification to the
congressional defense committees of--
``(A) the cancellation ceiling amounts planned for each
program year in the proposed multiyear procurement contract,
together with the reasons for the amounts planned;
``(B) the extent to which costs of contract cancellation
are not included in the budget for the contract; and
``(C) a financial risk assessment of not including
budgeting for costs of contract cancellation, including
proposed funding sources to meet such cancellation costs if
the contract is canceled.''
SEC. 805. INCREASED THRESHOLD FOR REQUIRING CONTRACTORS TO
PROVIDE SPECIFIED EMPLOYEE INFORMATION TO
COOPERATIVE AGREEMENT HOLDERS.
Section 2416(d) of title 10, United States Code, is amended
by striking ``$500,000'' and inserting ``$1,000,000''.
SEC. 806. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED
ACQUISITION PROCEDURES.
Section 4202(e) of the Clinger-Cohen Act (division D of
Public Law 104-106; 110 Stat. 652; 10 U.S.C. 2304 note) is
amended by striking ``January 1, 2006'' and inserting
``October 1, 2009''.
SEC. 807. AUTHORITY TO ADJUST ACQUISITION-RELATED DOLLAR
THRESHOLDS FOR INFLATION.
(a) Inflation Adjustment Authority.--The FAR Council and
the heads of executive agencies may adjust the dollar
thresholds in procurement laws in order to maintain the
constant dollar value of the threshold, taking into account
the effect of inflation on the threshold.
(b) Limitation on Exercise of Authority.--Adjustments of
dollar thresholds under subsection (a) may be carried out--
(1) by the FAR Council only with respect to procurement
laws that apply to executive agencies generally; and
(2) by the head of an executive agency only with respect to
procurement laws that apply to that agency exclusively.
(c) Additional Requirements.--In adjusting a threshold
under subsection (a), the FAR Council and the head of an
agency shall--
(2) consult with the Director of the Office of Management
and Budget;
(3) round the threshold, to facilitate implementation; and
(4) publish the adjusted threshold in the Federal Register.
(d) Exclusions.--This section does not apply to--
(1) dollar thresholds in sections 3141 through 3144, 3146,
and 3147 of title 40, United States Code;
(2) dollar thresholds in the Service Contract Act of 1965
(41 U.S.C. 351, et seq.); or
(3) dollar thresholds established by the United States
Trade Representative pursuant to title III of the Trade
Agreements Act of 1979 (19 U.S.C. 2511 et seq.).
(e) Definitions.--In this section:
[[Page H3318]]
(1) The term ``procurement law'' means any provision of law
that sets forth policies, procedures, requirements, or
restrictions for the procurement of property or services by
the Federal Government.
(2) The terms ``executive agency'' and ``procurement'' have
the meanings provided by section 4(1) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(1))
(3) The term ``FAR Council'' means the Federal Acquisition
Regulatory Council established under section 25 of the Office
of Federal Procurement Policy Act (41 U.S.C. 421)).
Subtitle B--United States Defense Industrial Base Provisions
SEC. 811. DEFENSE TRADE RECIPROCITY.
(a) In General.--Chapter 148 of title 10, United States
Code, is amended by inserting after section 2532 the
following new section:
``Sec. 2532a. Defense trade reciprocity
``(a) Policy.--(1) It is the policy of Congress that
procurement regulations used in the conduct of trade in
defense articles and defense services shall be based on the
principle of fair trade and reciprocity consistent with
United States national security, including the need to ensure
comprehensive manufacturing capability in the United States
defense industrial base for military system essential items.
``(2) The Secretary of Defense shall make every effort to
ensure that the policies and practices of the Department of
Defense reflect the goal of establishing an equitable trading
relationship between the United States and its foreign
defense trade partners, including ensuring that United States
firms and United States employment in the defense sector are
not disadvantaged by unilateral procurement practices by
foreign governments, such as the imposition of offset
agreements or similar requirements in defense procurements by
those governments. In pursuing this goal, the Secretary
shall--
``(A) develop a comprehensive defense acquisition trade
policy that provides the necessary guidance and incentives
for the elimination of offset agreements as an accepted
practice in defense trade; and
``(B) review and make necessary modifications to existing
acquisition policies and strategies, and review and seek to
make necessary modifications to existing memoranda of
understanding, cooperative project agreements, or related
agreements with foreign defense trade partners, to reflect
this goal.
``(b) Requirement.--The Secretary of Defense may not enter
into a contract, or approve or permit any subcontract under a
contract entered into by the Department of Defense, for the
procurement of any defense article or defense service from a
foreign firm unless the country in which the foreign firm
performs substantially all of its manufacturing, production,
and research and development activities in the performance of
the contract (or subcontract) agrees to apply offset
agreements to the procurement of defense articles and defense
services from the United States firms in the same manner and
to the same degree as such agreements are applied by the
Department of Defense to the procurement of defense articles
and defense services from that country.
``(c) Exception.--Subsection (b) does not apply to a
contract or subcontract for the procurement of a defense
article or defense service from a foreign firm if the
Secretary of Defense determines in writing, with respect to
the specific contract or subcontract, that an exception to
subsection (b) is necessary for the Department to be able to
meet national security objectives.
``(d) Notification Required When Exception Applied.--The
Secretary of Defense may not apply an exception under
subsection (c) until--
``(1) a notification of the intent to apply such exception
is submitted to the congressional defense committees and
published in the Federal Register; and
``(2) a period of 30 days has expired after the date on
which such notification is so submitted and published.
``(e) Authority to Apply Exception Not Delegable.--The
authority of the Secretary to apply the exception under
subsection (c) may not be delegated to any officer or
employee in a position at a level lower than the position of
the Under Secretary of Defense for Acquisition, Technology,
and Logistics.-
``(f) Regulations.--The Secretary shall prescribe
regulations to implement this section in the Department of
Defense supplement to the Federal Acquisition Regulation.
``(g) Effective Date.--This section and the regulations
prescribed under this section shall apply to contracts and
subcontracts entered into on and after the date occurring one
year after the date of the enactment of this Act.
``(h) Definitions.--In this section:
``(1) The term `foreign firm' means a business entity that
performs substantially all of its manufacturing, production,
and research and development activities outside of the United
States.
``(2) The term `United States firm' means a business entity
that performs substantially all of its manufacturing,
production, and research and development activities in the
United States.
``(3) The term `foreign defense trade partner' means a
foreign country with respect to which there is--
``(A) a memorandum of understanding or related agreement
described in section 2531(a) of title 10, United States Code;
or
``(B) a cooperative project agreement described in section
27 of the Arms Export Control Act (22 U.S.C. 2767).
``(4) The term `offset agreement' has the meaning provided
that term by section 36(e) of the Arms Export Control Act (22
U.S.C. 2776(e)).
``(5) The terms `defense article' and `defense service'
have the meanings provided those terms by section 47(7) of
the Arms Export Control Act (22 U.S.C. 2794(7)).
``(6) The term `military system essential item' means an
item on the military system essential item breakout list
produced pursuant to section 813(b) of the National Defense
Authorization Act for Fiscal Year 2004 (P.L. 108-136; 117
Stat. 1544).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2532a. Defense trade reciprocity.''.
SEC. 812. AMENDMENTS TO DOMESTIC SOURCE REQUIREMENTS.
(a) Notice.--Section 2533a of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(k) Notification Required When Certain Exceptions
Applied.--(1) Funds appropriated or otherwise available to
the Department of Defense may not be used to enter into a
contract to procure an item described in subsection (b)
pursuant to an exception set forth in subsection (c) or (e)
until--
``(A) a notification of the intent to apply such exception
is submitted to Congress and posted on the website maintained
by the General Services Administration known as
FedBizOpps.gov (or any successor site); and
``(B) a period of 15 days has expired after the date on
which such notification is so submitted and published.
``(2) In any case in which the Secretary of Defense or the
Secretary of the military department concerned intends to
apply or applies the exception set forth in subsection
(d)(1), the Secretary concerned shall submit to Congress a
notification of such intent or such application during the
period beginning six months before the date of application of
such exception and ending six months after the date of
application of such exception.''.
(b) Clothing Materials and Components Covered.--Subsection
(b) of section 2533a of title 10, United States Code, is
amended in paragraph (1)(B) by inserting before the semicolon
the following: ``and the materials and components thereof,
other than sensors, electronics, or other items added to, and
not normally associated with, clothing (and the materials and
components thereof)''.
SEC. 813. THREE-YEAR EXTENSION OF RESTRICTION ON ACQUISITION
OF POLYACRYLONITRILE (PAN) CARBON FIBER FROM
FOREIGN SOURCES.
The Secretary of Defense shall delay by three years the
phase-out of the restriction on acquisition of
polyacrylonitrile (PAN) carbon fiber from foreign sources
(described in subpart 225.7103 of the Department of Defense
supplement to the Federal Acquisition Regulation). In
implementing such delay, the Secretary shall revise the
appplicable regulations to ensure that such restriction
applies to--
(1) solicitations and contracts issued on or before May 31,
2006, for major systems that are not yet in production; and
(2) solicitations and contracts issued during the period
beginning June 1, 2006, and ending May 31, 2008, for major
systems that are not yet in engineering and manufacturing
development.
SEC. 814. GRANT PROGRAM FOR DEFENSE CONTRACTORS TO IMPLEMENT
STRATEGIES TO AVOID OUTSOURCING OF JOBS.
(a) Grant Program Authorized.--The Secretary of Defense may
make grants under this section for fiscal year 2005 to
qualified defense contractor groups for the purposes
described in subsection (b).
(b) Grant Purposes.--A grant may be made under this section
for the purpose of implementing a strategy to avoid the
outsourcing of jobs by a defense contractor, including the
following strategies:
(1) Cost-cutting measures.
(2) Retraining programs.
(3) Technology development.
(4) Plant upgrades.
(c) Application.--A grant may not be awarded under this
section unless an application is submitted to, and approved
by, the Secretary. Such an application--
(1) shall be submitted by a qualified defense contractor
group in such form and manner as the Secretary may require;
and
(2) shall contain--
(A) a description of the strategy proposed for avoiding the
outsourcing of at least 10 jobs in the performance of a
defense contract by the defense contractor concerned; and
(B) such other information as the Secretary may require.
(d) Definitions.--In this section:
(1) The term ``qualified defense contractor group'', with
respect to a defense contractor, is a group or person
representing--
(A) management of the contractor;
(B) a labor organization that represents employees of the
contractor; or
(C) employees of the contractor.
(2) The term ``outsourcing'', with respect to a defense
contract, includes the performance outside the United States
of work under the contract.
(e) Federal Share.--The Federal share of the costs of the
strategy carried out with a grant under this section may not
exceed 50 percent.
(f) Use of Defense Industrial Capabilities Fund for
Grants.--(1) Notwithstanding section 814(c) of the National
Defense Authorization Act for Fiscal Year 2004 (P.L. 108-136;
117 Stat. 1545), amounts in the Defense Industrial Base
Capabilities Fund may be used for grants under this section.
(2) For fiscal year 2005, up to $50,000,000 of amounts
available in such Fund may be used to carry out this section.
(g) Authorization of Funds.--There are authorized to be
appropriated to the Defense Industrial Base Capabilities Fund
$50,000,000 for purposes of providing grants under this
section.
[[Page H3319]]
SEC. 815. PREFERENCE FOR DOMESTIC FREIGHT FORWARDING
SERVICES.
(a) Preference.--In the procurement of transportation
services described in subsection (b), the Secretary of
Defense shall give preference to any freight forwarder that--
(1) certifies to the Department of Defense that it is owned
and controlled by citizens of the United States; and
(2) offers services at fair and reasonable rates.
(b) Services Covered.--Subsection (a) applies to
transportation services to, from, or within Iraq or
Afghanistan, and warehousing, logistics, or other similar
services performed within Iraq or Afghanistan.
Subtitle C--Other Acquisition Matters
SEC. 821. SUSTAINMENT AND MODERNIZATION PLANS FOR EXISTING
SYSTEMS WHILE REPLACEMENT SYSTEMS ARE UNDER
DEVELOPMENT.
(a) Existing Systems to Be Maintained While Replacement
Systems are Under Development.--(1) Chapter 144 of title 10,
United States Code, is amended by inserting after section
2436 the following new section:
``Sec. 2437. Development of major defense acquisition
programs: sustainment and modernization of system to be
replaced
``(a) Requirement for Sustaining and Modernizing Existing
Forces.--(1) The Secretary of Defense shall require that,
whenever a new major defense acquisition program begins
development, the defense acquisition authority responsible
for that program shall develop a plan (to be known as a
sustainment and modernization plan) for the existing system
that the system under development is intended to replace. Any
such sustainment and modernization plan shall provide for
budgeting, sustaining, and modernizing the existing system
until the replacement system to be developed under the major
defense acquisition program is fielded and assumes the
majority responsibility for the mission of the existing
system. This section does not apply to a major defense
acquisition that reaches initial operational capability
before October 1, 2008.
``(2) In this section, the term ``defense acquisition
authority'' means the Secretary of a military department or
the commander of the United States Special Operations
Command.
``(b) Sustainment and Modernization Plan.--The Secretary of
Defense shall require that each sustainment and modernization
plan under this section include, at a minimum, the following:
``(1) The milestone schedule for the development of the
major defense acquisition program, including low-rate initial
production, initial operational capability, full-rate
production, full operational capability, and the date when
the replacement system assumes the majority responsibility
for the mission of the existing system.
``(2) An analysis of the existing system to determine the
following:
``(A) A sustainment plan and budget requirements necessary
to provide service life extension to the existing system at
acceptable reliability and availability rates.
``(B) A modernization plan and budget requirements
necessary to maintain mission capability against the relevant
threats.
``(C) A modernization plan and budget requirements
necessary--
``(i) to transfer mature technologies from the new system
or other systems so that the mission capability of the
existing system is enhanced against relevant threats; and
``(ii) to provide interoperability with the new system
during the period from initial fielding until the new system
assumes the majority of responsibility for the mission of the
existing system.
``(c) Annual Review.--Each fiscal year, before the
submission to Congress of the President's budget for the next
fiscal year, the Secretary of Defense shall review the
schedule performance of each replacement major defense
acquisition program for which a sustainment and modernization
plan has been developed under this section to compare that
performance with the schedule set forth under subsection
(b)(1). If the schedule for the program has changed, then the
Secretary shall notify the congressional defense committees
of such change.
``(d) Exceptions.--Subsection (a) shall not apply to a
major defense acquisition program if the Secretary of Defense
determines that--
``(1) the existing system is no longer relevant to the
mission;
``(2) the mission has been eliminated;
``(3) the mission has been consolidated with another
mission in such a manner that another existing system can
adequately meet the mission requirements; or
``(4) the duration of time until the new system assumes the
majority of responsibility for the existing system's mission
is sufficiently short so that mission availability,
capability, interoperability, and force protection
requirements are maintained.
``(e) Waiver.--The Secretary of Defense may waive the
applicability of subsection (a) to a major defense
acquisition program if the Secretary determines that, but for
such a waiver, the Department would be unable to meet
national security objectives. Whenever the Secretary makes
such a determination and authorizes such a waiver, the
Secretary shall submit notice of such waiver and of the
Secretary's determination and the reasons therefor in writing
to the congressional defense committees.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2436 the following new item:
``2437. Development of major defense acquisition programs: sustainment
and modernization of system to be replaced .''.
(b) Application to Existing Programs in Development.--
Section 2437 of title 10, United States Code, as added by
subsection (a), shall apply with respect to a major defense
acquisition program that is under development as of the date
of the enactment of this Act and is not expected to reach
initial operational capability before October 1, 2008. The
Secretary of Defense shall require that a sustainment and
modernization plan under that section be developed not later
than one year after the date of the enactment of this Act for
the existing system that the system under development is
intended to replace.
SEC. 822. REVIEW AND DEMONSTRATION PROJECT RELATING TO
CONTRACTOR EMPLOYEES.
(a) General Review.--(1) The Secretary of Defense shall
conduct a review of policies, procedures, practices, and
penalties of the Department of Defense relating to employees
of defense contractors for purposes of ensuring that the
Department of Defense is in compliance with Executive Order
No. 12989 (relating to a prohibition on entering into
contracts with contractors that are not in compliance with
the Immigration and Nationality Act).
(2) In conducting the review, the Secretary shall--
(A) identify potential weaknesses and areas for improvement
in existing policies, procedures, practices, and penalties;
(B) develop and implement reforms to strengthen, upgrade,
and improve policies, procedures, practices, and penalties of
the Department of Defense and its contractors; and
(C) review and analyze reforms developed pursuant to this
paragraph to identify for purposes of national implementation
those which are most efficient and effective.
(3) The review under this subsection shall be completed not
later than 180 days after the date of the enactment of this
Act.
(b) Demonstration Project.--The Secretary of Defense shall
conduct a demonstration project in accordance with this
section, in one or more regions selected by the Secretary,
for purposes of promoting greater contracting opportunities
for contractors offering effective, reliable staffing plans
to perform defense contracts that ensure all contract
personnel employed for such projects, including management
employees, professional employees, craft labor personnel, and
administrative personnel, are lawful residents or persons
properly authorized to be employed in the United States and
properly qualified to perform services required under the
contract. The demonstration project shall focus on contracts
for construction, renovation, maintenance, and repair
services for military installations.
(c) Demonstration Project Procurement Procedures.--As part
of the demonstration project under subsection (b), the
Secretary of Defense shall conduct a competition in which
there is a provision in contract solicitations and request
for proposal documents to require significant weight or
credit be allocated to--
(1) reliable, effective workforce programs offered by
prospective contractors that provide background checks and
other measures to ensure the contractor is in compliance with
the Immigration and Nationality Act; and
(2) reliable, effective project staffing plans offered by
prospective contractors that specify for all contract
employees (including management employees, professionals, and
craft labor personnel) the skills, training, and
qualifications of such persons and the labor supply sources
and hiring plans or procedures used for employing such
persons.
(d) Implementation of Demonstration Project.--The Secretary
of Defense shall begin operation of the demonstration project
required under this section after completion of the review
under subsection (a), but in no event later than 270 days
after the date of the enactment of this Act.
(e) Report on Demonstration Project.--Not later than six
months after award of a contract under the demonstration
project, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report setting forth a review of the
demonstration project and recommendations on the actions, if
any, that can be implemented to ensure compliance by the
Department of Defense with Executive Order No. 12989.
(f) Definition.--In this section, the term ``military
installation'' means a base, camp, post, station, yard,
center, homeport facility for any ship, or other activity
under the jurisdiction of the Department of Defense,
including any leased facility, which is located within any of
the several States, the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, the Virgin
Islands, or Guam. Such term does not include any facility
used primarily for civil works, rivers and harbors projects,
or flood control projects.
SEC. 823. DEFENSE ACQUISITION WORKFORCE LIMITATION AND
REPORTS.
(a) Defense Acquisition and Support Personnel Limitation.--
(1) Effective October 1, 2005, the number of defense
acquisition and support personnel in the Department of
Defense may not exceed 95 percent of the baseline number.
(2) For purposes of paragraph (1), the baseline number is
the number of defense acquisition and support personnel as of
October 1, 2004.
(3) All determinations of personnel strengths for purposes
of this section shall be on the basis of full-time equivalent
positions.
(b) GAO Study and Report on Defense Acquisition and Support
Personnel.--(1) The Comptroller General shall conduct a study
of Department of Defense management of defense acquisition
and support personnel. The study shall include--
[[Page H3320]]
(A) an analysis of the number and structure of defense
acquisition and support personnel; and
(B) an assessment of the size, mission, composition, and
projected workload requirements of defense acquisition and
support personnel.
(2) The Comptroller General shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report on the results of the study
conducted under this subsection not later than March 1, 2005.
(c) Defense Acquisition University Study and Report on
Defense Acquisition and Support Personnel.--(1) The Defense
Acquisition University shall conduct a study of all the
training programs offered to defense acquisition and support
personnel.
(2) The Defense Acquisition University shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the study
conducted under this subsection not later than March 1, 2005.
The report shall include--
(A) the number of individuals currently certified within
the field they are working in; and
(B) recommendations on how to improve education and
productivity for defense acquisition and support personnel,
including recommendations for additional training program
requirements.
(d) Definition.--In this section, the term ``defense
acquisition and support personnel'' means members of the
Armed Forces and civilian personnel (other than civilian
personnel who are employed at a maintenance depot) who are
assigned to, or employed in, acquisition organizations of the
Department of Defense (as specified in Department of Defense
Instruction numbered 5000.58, dated January 14, 1992), and
any other organization that, as determined by the Secretary,
has acquisition as its predominant mission.
SEC. 824. PROVISION OF INFORMATION TO CONGRESS TO ENHANCE
TRANSPARENCY IN CONTRACTING.
Upon request of the chairman or ranking member of the
Committee on Armed Services of the Senate or House of
Representatives, the Secretary of Defense shall provide, with
respect to any contract or task or delivery order under a
task or delivery order contract entered into by the
Department of Defense, within 14 days after receipt of the
request, unredacted copies of any documents required to be
maintained in the contracting office contract file, the
contract administration office contract file, and the paying
office contract file pursuant to subpart 4.8 of the Federal
Acquisition Regulation, including--
(1) copies of the contract and all modifications;
(2) orders issued under the contract;
(3) justifications and approvals;
(4) any government estimate of contract price;
(5) source selection documentation;
(6) cost or price analysis;
(7) audit reports;
(8) justification for type of contract;
(9) authority for deviations from regulations, statutory
requirements, or other restrictions;
(10) bills, invoices, vouchers, and supporting documents;
and
(11) records of payments or receipts.
TITLE IX--DEPARTMENT OF
DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. CHANGE IN TITLE OF SECRETARY OF THE NAVY TO
SECRETARY OF THE NAVY AND MARINE CORPS.
(a) Change in Title.--The position of the Secretary of the
Navy is hereby redesignated as the Secretary of the Navy and
Marine Corps.
(b) References.--Any reference to the Secretary of the Navy
in any law, regulation, document, record, or other paper of
the United States shall be considered to be a reference to
the Secretary of the Navy and Marine Corps.
SEC. 902. TRANSFER OF CENTER FOR THE STUDY OF CHINESE
MILITARY AFFAIRS FROM NATIONAL DEFENSE
UNIVERSITY TO UNITED STATES-CHINA ECONOMIC AND
SECURITY REVIEW COMMISSION.
(a) Transfer.--The Center for the Study of Chinese Military
Affairs established by section 914 of the National Defense
Authorization Act for Fiscal Year 2000 (10 U.S.C. 2165 note)
is transferred from the National Defense University of the
Department of Defense to the United States-China Economic and
Security Review Commission.
(b) Conforming Amendment.--Subsection (a) of section 914 of
the National Defense Authorization Act for 2000 (10 U.S.C.
2165 note) is amended to read as follows:
``(a) Establishment.--There shall be a Center for the Study
of Chinese Military Affairs organized under the United
States-China Economic and Security Review Commission
established by section 1238 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (22 U.S.C.
7002).''.
(c) Repeal of Obsolete Provisions.--Such section is further
amended by striking subsections (d) and (e).
(d) Technical Amendments to Commission Charter.--(1)
Section 1238(c) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002) is
amended--
(1) in paragraph (1)--
(A) by striking ``(beginning in 2002)''; and
(B) by adding at the end the following new sentence: ``The
report shall include a full discussion of the activities of
the Commission under each of the subparagraphs of paragraph
(2).''; and
(2) in paragraph (2)--
(A) by striking the matter preceding subparagraph (A) and
inserting the following:
``(2) Areas of focus.--The Commission shall focus, in lieu
of any other area of work or study, on the following:''; and
(B) by replacing subparagraphs (A) through (J) with the
text of subparagraphs (A) through (I) of section 2(c)(2) of
division P of Public Law 108-7 (22 U.S.C. 7002 note).
(2) Section 2(c)(2) of division P of Public Law 108-7 (22
U.S.C. 7002 note) is repealed.
(e) Effective Date.--Subsection (a) and the amendment made
by subsection (b) shall take effect at the end of the 90-day
period beginning on the date of the enactment of this Act.
SEC. 903. TRANSFER TO SECRETARY OF THE ARMY OF RESPONSIBILITY
FOR ASSEMBLED CHEMICAL WEAPONS ALTERNATIVES
PROGRAM.
Effective January 1, 2005, the text of section 142 of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 50 U.S.C. 1521 note) is
amended to read as follows:
``(a) Program Management.--(1) The program manager for the
Assembled Chemical Weapons Alternatives program shall report
to the Secretary of the Army.
``(2) The Secretary of the Army shall provide for that
program to be managed as part of the management organization
within the Department of the Army specified in section
1412(e) of Public Law 99-145 (50 U.S.C. 1521(e)).
``(b) Continued Implementation of Previously Selected
Alternative Technologies.--(1) In carrying out the
destruction of lethal chemical munitions at Pueblo Chemical
Depot, Colorado, the Secretary of the Army shall continue to
implement fully the alternative technology for such
destruction at that depot selected by the Under Secretary of
Defense for Acquisition, Technology, and Logistics on July
16, 2002.
``(2) In carrying out the destruction of lethal chemical
munitions at Blue Grass Army Depot, Kentucky, the Secretary
of the Army shall continue to implement fully the alternative
technology for such destruction at that depot selected by the
Under Secretary of Defense for Acquisition, Technology, and
Logistics on February 3, 2003.''.
SEC. 904. MODIFICATION OF OBLIGATED SERVICE REQUIREMENTS
UNDER NATIONAL SECURITY EDUCATION PROGRAM.
(a) In General.--Subsection (b)(2) of section 802 of the
David L. Boren National Security Education Act of 1991 (50
U.S.C. 1902) is amended by striking subparagraphs (A) and
(B), as added by section 925(a) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136;
117 Stat. 1578), and inserting the following:
``(A) in the case of a recipient of a scholarship, as soon
as practicable but in no case later than three years after
the completion by the recipient of the study for which
scholarship assistance was provided under the program, the
recipient shall work for a period of one year--
``(i) in a national security position that the Secretary
certifies is appropriate to use the unique language and
region expertise acquired by the recipient pursuant to such
study in the Department of Defense, in any element of the
intelligence community, in the Department of Homeland
Security, or in the Department of State; or
``(ii) in such a position in any other Federal department
or agency not referred to in clause (i) if the recipient
demonstrates to the Secretary that no position is available
in a Federal department or agency specified in clause (i); or
``(B) in the case of a recipient of a fellowship, as soon
as practicable but in no case later than two years after the
completion by the recipient of the study for which fellowship
assistance was provided under the program, the recipient
shall work for a period equal to the duration of assistance
provided under the program, but in no case less than one
year--
``(i) in a position described in subparagraph (A)(i) that
the Secretary certifies is appropriate to use the unique
language and region expertise acquired by the recipient
pursuant to such study; or
``(ii) in such a position in any other Federal department
or agency not referred to in clause (i) if the recipient
demonstrates to the Secretary that no position is available
in a Federal department or agency specified in clause (i);
and''.
(b) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out the amendment made by subsection
(a). In prescribing such regulations, the Secretary shall
establish standards that recipients of scholarship and
fellowship assistance under the program under such section
802 are required to demonstrate to satisfy the requirement of
a good faith effort to gain employment as required under
subparagraphs (A) and (B) of subsection (b)(2) of such
section.
(c) Applicability.--(1) The amendment made by subsection
(a) shall apply with respect to service agreements entered
into under the David L. Boren National Security Education Act
of 1991 on or after the date of the enactment of this Act.
(2) The amendment made by subsection (a) shall not affect
the force, validity, or terms of any service agreement
entered into under the David L. Boren National Security
Education Act of 1991 before the date of the enactment of
this Act that is in force as of that date.
SEC. 905. CHANGE OF MEMBERSHIP OF CERTAIN COUNCILS.
(a) Membership of Armed Forces Policy Council.--Section
171(a) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(14) The Commandant of the Coast Guard, for discussion of
matters pertaining to the Coast Guard.''.
(b) Membership of Council Under Section 179.--Subsection
(a) of section 179 of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(4) The Under Secretary of Defense for Policy.''.
[[Page H3321]]
(b) Conforming and Clarifying Amendments.--Such subsection
is further amended in the matter preceding paragraph (1)--
(1) by striking ``Joint''; and
(2) by striking ``composed of three members as follows:''
and inserting ``operated as a joint activity of the
Department of Defense and the Department of Energy. The
membership of the Council is comprised of the following
officers of those departments:''.
(c) Other Technical and Clarifying Amendments.--Such
section is further amended as follows:
(1) Subsection (c)(3)(B) is amended by striking
``appointed'' and inserting ``designated''.
(2) Subsection (e) is amended by striking ``In addition''
and all that follows through ``also'' and inserting ``The
Council shall''.
(3) Subsection (f) is amended by striking ``Committee on''
the first place it appears and all that follows through
``Representatives'' and inserting ``congressional defense
committees''.
(d) Stylistic Amendments.--Such section is further amended
as follows:
(1) Subsection (a) is amended by inserting ``Establishment;
Membership.--'' after ``(a)''.
(2) Subsection (b) is amended by inserting ``Chairman;
Meetings.--'' after ``(b)''.
(3) Subsection (c) is amended by inserting ``Staff and
Administrative Services; Staff Director.--'' after ``(c)''.
(4) Subsection (d) is amended by inserting
``Responsibilities.--'' after ``(d)''.
(5) Subsection (e) is amended by inserting ``Report on
Difficulties Relating to Safety or Reliability.--'' after
``(e)''.
(6) Subsection (f) is amended by inserting ``Annual
Report.--'' after ``(f)''.
(e) Further Conforming Amendment.--Section 3212(e) of the
National Nuclear Security Administration Act (50 U.S.C.
2402(e)) is amended--
(1) by striking ``Joint'' in the subsection heading; and
(2) by striking ``Joint''.
SEC. 906. ACTIONS TO PREVENT THE ABUSE OF DETAINEES.
(a) Policies Required.--The Secretary of Defense shall
prescribe policies regarding procedures for the Armed Forces
and other elements of the Department of Defense and
contractor personnel of the Department of Defense intended to
prevent the conditions leading to acts of abuse of detainees
who are held by the United States as part of the Global War
on Terrorism. Policies under this subsection shall be
prescribed not later than 120 days after the date of the
enactment of this Act.
(b) Matters to be Included.--In order to achieve the
objective stated in subsection (a), the policies on the
prevention of abuse of detainees under that subsection shall
specify, at a minimum, procedures for the following:
(1) Ensuring that commanders of detention facilities and
commanders of interrogation facilities provide all assigned
personnel (including contractor personnel) with training, and
documented acknowledgement of receiving training, regarding
the Geneva Convention Relative to the Treatment of Prisoners
of War and established Standing Operating Procedures for the
treatment of detainees. Training provided under this
paragraph to contractor personnel shall be at least
comparable in degree to that provided to members of the Armed
Forces.
(2) Providing all detainees with information, in their own
language, of the protections afforded under the Geneva
Convention Relative to the Treatment of Prisoners of War.
(3) Conducting periodic unannounced and announced
inspections of prisons and other areas where detainees are
held in order to provide continued oversight of interrogation
and detention operations.
(4) Prohibiting contact between male guards and female
detainees and between female guards and male detainees,
except under exigent circumstances.
(c) Reports to Congress.--The Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives--
(1) a copy of the policies prescribed pursuant to
subsection (a), immediately after those policies are
prescribed; and
(2) a report on the implementation of those policies, not
later than one year after the date on which those policies
are prescribed.
SEC. 907. RESPONSES TO CONGRESSIONAL INQUIRIES.
(a) In General.--(1) Chapter 3 of title 10, United States
Code, is amended by inserting after section 113a the
following new section:
``Sec. 113b. Response to congressional inquiries
``Whenever the Secretary of Defense or any other official
of the Department of Defense is requested by the chairman of
the Committee on Armed Services of the Senate or the chairman
of the Committee on Armed Services of the House of
Representatives to respond to a question or inquiry submitted
by the chairman or another member of that committee pursuant
to a committee hearing or other activity, the Secretary (or
other official) shall respond to the request, in writing,
within 21 days of the date on which the request is
transmitted to the Secretary (or other official).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 113a the following new item:
``113b. Response to congressional inquiries.''.
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. Of such amount, $500,000,000 may be
used only for a transfer from an account for an active
component to an account for a reserve component, or from an
account of a reserve component to an account of an active
component, of the same Armed Force.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred;
(2) may not be used to provide authority for an item that
has been denied authorization by Congress; and
(3) may not be combined with the authority provided under
section 1522.
(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. BUDGET JUSTIFICATION DOCUMENTS FOR OPERATION AND
MAINTENANCE.
(a) In General.--(1) Chapter 9 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 232. Operations and maintenance budget presentation
``(a) In General.--In this section
``(1) The term `O&M justification documents' means
Department of Defense budget justification documents with
respect to accounts for operation and maintenance submitted
to the congressional defense committees in support of the
Department of Defense component of the President's budget for
any fiscal year.
``(2) The term `President's budget' means the budget of the
President submitted to Congress under section 1105 of title
31 for any fiscal year.
``(3) The term `current year' means the fiscal year during
which the President's budget is submitted in any year.
``(b) Identification of Baseline Amounts in O&M
Justification Documents.--In any case in which the amount
requested in the President's budget for a fiscal year for a
Department of Defense operations and maintenance program,
project, or activity is different from the amount
appropriated for that program, project, or activity for the
current year, the O&M justification documents supporting that
budget shall identify that appropriated amount and the
difference between that amount and the amount requested in
the budget, stated as an amount and as a percentage.
``(c) Personal Service Contracts.--In the O&M justification
documents for any fiscal year, costs programmed in the budget
for that fiscal year for Department of Defense for personal
service contracts, and the number of personal service
contractors to be used by the Department of Defense during
that fiscal year who will be compensated at an annual rate in
excess of the annual rate of salary of the Vice President
under section 104 of title 3, shall be separately set forth
and identified.
``(d) Navy Subactivities for Ship Depot Maintenance and for
Intermediate Ship Maintenance.--In the O&M justification
documents for the Navy for any fiscal year, amounts requested
for ship depot maintenance and amounts requested for
intermediate ship maintenance shall be set forth as separate
budget subactivity groups.
``(e) Civilian Average Salary Costs.--In the O&M
justification documents for any fiscal year, average civilian
salary costs, shown by subactivity group, shall be set forth
as a component of the personnel summary exhibit.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``232. Operations and maintenance budget presentation.''.
(b) Components of Line Items for Other Costs and Other
Contracts.--Not later than March 1, 2005, the Secretary of
Defense shall submit to the congressional defense committees
a report setting forth the component elements of the line
items identified as ``Other Costs'' and ``Other Contracts''
in the exhibit identified as ``Summary of Price and Program
Changes'' in the budget justification materials submitted to
those committees in support of the budget for fiscal year
2006.
SEC. 1003. RETENTION OF FEES FROM INTELLECTUAL PROPERTY
LICENSES.
(a) In General.--Chapter 165 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2788. Licensing of intellectual property of the
military departments; authority to charge and retain fees
``(a) Authority to Retain Fees.--(1) Under regulations
prescribed by the Secretary of Defense, the Secretary
concerned may license trademarks, service marks,
certification marks, and collective marks owned by a military
department and may retain and expend fees received from such
licensing in accordance with subsection (b).
``(2) In this section, the terms `trademark', `service
mark', `certification mark', `collective mark', and `mark'
have the meanings given those terms in section 45 of the
Trademark Act of 1946 (15 U.S.C. 1127).
[[Page H3322]]
``(b) Use of Licensing Fees.--(1) Funds received by a
military department from licensing under subsection (a)(1)
shall be used for the expenses incurred by the department in
securing the registration of marks owned by the department
and in licensing those marks.
``(2) If the amount of fees received by a military
department during any fiscal year from the licensing of marks
exceeds the anticipated expenses under paragraph (1) during
that year, the Secretary concerned may designate those funds
as excess and expend them as provided in paragraph (3).
``(3) Not more than 50 percent of any such excess funds
shall be available for military personnel recruiting and
retention activities of the department. The remainder of such
funds shall be available for morale, welfare, and recreation
activities of the department.
``(4) Funds received pursuant to subsection (a)(1) shall
remain available for two years after the end of the fiscal
year during which the funds are received.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2788. Licensing of intellectual property of the military departments;
authority to charge and retain fees.''.
SEC. 1004. AUTHORITY TO WAIVE CLAIMS OF THE UNITED STATES
WHEN AMOUNTS RECOVERABLE ARE LESS THAN COSTS OF
COLLECTION.
(a) Authority.--Chapter 165 of title 10, United States
Code, is amended by inserting after section 2780 the
following new section:
``Sec. 2780a. Debt collection: general waiver authority for
small amounts owed the United States
``(a) Authority.--In the case of an indebtedness to the
United States described in subsection (b) that is for an
amount that is less than the threshold amount specified in
subsection (c), the Secretary of Defense may, under
regulations prescribed under this section, cancel the
indebtedness and waive recovery of the amount owed. Such
authority may be used only when, based on a cost-benefit
analysis, the Secretary determines that the costs of
collection are expected to exceed the amount recoverable.
``(b) Covered Debts.--(1) Except as provided in paragraph
(2), this section applies with respect to amounts owed to the
United States that arise out of the activities of, or that
are referred to, the Department of Defense (including amounts
owed by members of the armed forces and Department of Defense
civilian personnel).
``(2) The authority under this section does not apply to
amounts owed to the United States arising out of activities
of the Department of Defense that have been referred to
another executive agency for collection action or that are
otherwise within the purview of another executive agency.
``(c) Maximum Amount Waivable.--The threshold amount
referred to in subsection (a) is the micropurchase threshold
amount in effect under section 32 of the Office of Federal
Procurement Policy Act (41 U.S.C. 428).
``(d) Regulations.--The Secretary of Defense shall
prescribe regulations for the purposes of 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 2780 the following new item:
``2780a. Debt collection: general waiver authority for small amounts
owed the United States.''.
SEC. 1005. REPEAL OF FUNDING RESTRICTIONS CONCERNING
DEVELOPMENT OF MEDICAL COUNTERMEASURES AGAINST
BIOLOGICAL WARFARE THREATS.
(a) Repeal.--Section 2370a of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 139 of such title is amended by striking
the item relating to that section.
SEC. 1006. REPORT ON BUDGETING FOR EXCHANGE RATES FOR FOREIGN
CURRENCY FLUCTUATIONS.
(a) Secretary of Defense Report.--(1) Not later than
December 1, 2004, the Secretary Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the foreign currency exchange
rate projection used in annual Department of Defense budget
presentations.
(2) In the report under paragraph (1), the Secretary
shall--
(A) identify alternative approaches for selecting foreign
currency exchange rates that would produce more realistic
estimates of amounts required to be appropriated or otherwise
made available for the Department of Defense to accommodate
foreign currency exchange rate fluctuations;
(B) address the advantages and disadvantages of each
approach identified pursuant to subparagraph (A);
(C) identify the Secretary's preferred approach among the
alternatives identified pursuant to subparagraph (A) and
provide the Secretary's rationale for preferring that
approach.
(3) In identifying alternative approaches pursuant to
paragraph (2)(A), the Secretary shall examine--
(A) approaches used by other Federal departments and
agencies; and
(B) the feasibility of using private economic forecasting.
(b) Comptroller General Review and Report.--The Comptroller
General of the United States shall review the report under
subsection (a), including the basis for the Secretary's
conclusions stated in the report, and shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report containing the Comptroller General's
conclusions with respect to that report. Such report shall be
submitted not later than January 15, 2005.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. AUTHORITY FOR AWARD OF CONTRACTS FOR SHIP
DISMANTLING ON NET-COST BASIS.
(a) In General.--Chapter 633 of title 10, United States
Code, is amended by inserting after section 7305 the
following new section:
``Sec. 7305a. Vessels stricken from Naval Vessel Register:
contracts for dismantling on net-cost basis
``(a) Authority for Net-Cost Basis Contracts.--When the
Secretary of the Navy awards a contract for the dismantling
of a vessel stricken from the Naval Vessel Register, the
Secretary may award the contract on a net-cost basis.
``(b) Retention by Contractor of Proceeds of Sale of Scrap
and Reusable Items.--When the Secretary awards a contract on
a net-cost basis under subsection (a), the Secretary shall
provide in the contract that the contractor may retain the
proceeds from the sale of scrap and reusable items removed
from the vessel dismantled under the contract.
``(c) Definitions.--In this section:
``(1) The term `net-cost basis', with respect to a contract
for the dismantling of a vessel, means that the amount to be
paid to the contractor under the contract for dismantling and
for removal and disposal of hazardous waste material is
discounted by the offeror's estimate of the value of scrap
and reusable items that the contractor will remove from the
vessel during performance of the contract.
``(2) The term `scrap' means personal property that has no
value except for its basic material content.
``(3) The term `reusable item' means a demilitarized
component or a removable portion of a vessel or equipment
that the Secretary of the Navy has identified as excess to
the needs of the Navy but which has potential resale value on
the open market.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 7305 the following new item:
``7305a. Vessels stricken from Naval Vessel Register: contracts for
dismantling on net-cost basis.''.
SEC. 1012. INDEPENDENT STUDY TO ASSESS COST EFFECTIVENESS OF
THE NAVY SHIP CONSTRUCTION PROGRAM.
(a) Study.--The Secretary of Defense shall provide for a
study, to be conducted by an entity independent of the
Department of Defense, of the cost effectiveness of the ship
construction program of the Navy. The purpose of the study
shall be to examine both--
(1) a variety of approaches by which the Navy ship
construction program could be made more efficient in the near
term; and
(2) a variety of approaches by which, with a nationally
integrated effort over the next decade, the United States
shipbuilding industry might be made competitive globally.
(b) Near Term Improvements in Efficiency.--With respect to
the examination under subsection (a)(1) of approaches by
which the Navy ship construction program could be made more
efficient in the near term, the Secretary shall provide for
the entity conducting the study--
(1) to determine, with respect to each approach so
examined, the cost savings that could result from
implementation of that approach over each of the next 10
years;
(2) to recommend one or more of the approaches examined
under subsection (a)(1) for implementation; and
(3) for each approach recommended under paragraph (2) for
implementation, to develop a concept and implementation plan
by which the recommended improvements could best be phased
into the naval ship construction program.
(c) Global Competitiveness of United States Shipbuilding
Industry.--With respect to the examination under subsection
(a)(2) of approaches by which, with a nationally integrated
effort over the next decade, the United States shipbuilding
industry might be made competitive globally, the Secretary
shall provide for the entity conducting the study--
(1) to develop a plan to modernize the United States
shipbuilding infrastructure within the next decade in order
to make the United States shipbuilding industry more
competitive globally; and
(2) to estimate the resources required to carry out a
modernization plan developed under paragraph (1).
(d) Report.--Not later than June 1, 2005, the Secretary of
Defense shall submit to the congressional defense committees
a report providing the results of the study under subsection
(a). The report shall include the matters specified in
subsections (b) and (c).
SEC. 1013. AUTHORITY TO TRANSFER SPECIFIED FORMER NAVAL
VESSELS TO CERTAIN FOREIGN COUNTRIES.
(a) Authority to transfer by Grant.--The Prsident is
authorized to transfer vessels to foreign countries on a
grant basis under section 516 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321j), as follows:
(1) Chile.--The ``SPRUANCE'' class destroyer O'BANNON (DD-
987) to the Government of Chile.
(2) Portugal.--The ``OLIVER HAZARD PERRY'' class guided
missile frigate GEORGE PHILIP (FFG-12) to the Government of
Portugal.
(b) Authority to transfer by Sale.--The President is
authorized to transfer on a sale basis under section 21 of
the Arms Export Control Act (22 U.S.C. 2761) the
``ANCHORAGE'' class dock landing ship ANCHORAGE (LSD-36) to
the Taipei Economic and Cultural Representative Office in the
United States (which is the
[[Page H3323]]
Taiwan instrumentality designated pursuant to section 10(a)
of the Taiwan Relations Act).
(c) Grants Not Counted in Annual Total of Transferred
Excess Defense Articles.--The value of a vessel transferred
to another country on a grant basis under section 516 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to
authority provided by subsection (a) shall not be counted for
the purposes of subsection (g) of that section in the
aggregate value of excess defense articles transferred to
countries under that section in any fiscal year.
(d) Costs of Transfers.--Any expense incurred by the United
States in connection with a transfer authorized by this
section shall be charged to the recipient (notwithstanding
section 516(e) of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j (e)) in the case of a transfer authorized to be
made on a grant basis under subsection (a)).
(e) Repair and Refurbishment in United States Shipyards.--
To the maximum extent practicable, the President shall
require, as a condition of the transfer of a vessel under
this section, that the country to which the vessel is
transferred have such repair or refurbishment of the vessel
as is needed, before the vessel joins the naval forces of
that country, performed at a shipyard located in the United
States, including a United States Navy shipyard.
(f) Expiration of Authority.--The authority to transfer a
vessel under this section shall expire at the end of the two-
year period beginning on the date of the enactment of this
Act.
SEC. 1014. LIMITATION ON LEASING OF FOREIGN-BUILT VESSELS.
(a) In General.--(1) Chapter 141 of title 10, United States
Code, is amended by inserting after section 2401a the
following new section:
``Sec. 2401b. Limitation on lease of foreign-built vessels
``(a) Limitation.--The Secretary of a military department
may not make a contract for a lease or charter of a vessel
for a term of more than 12 months (including all options to
renew or extend the contract) if the hull, a major component
of the hull, or superstructure of the vessel is constructed
in a foreign shipyard.
``(b) Presidential Waiver for National Security Interest.--
(1) The President may authorize exceptions to the limitation
in subsection (a) when the President determines that it is in
the national security interest of the United States to do so.
``(2) The President shall transmit notice to Congress of
any such determination, and no contract may be made pursuant
to the exception authorized until the end of the 30-day
period beginning on the date on which the notice of the
determination is received by Congress.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2401a the following new item:
``2401b. Limitation on lease of foreign-built vessels.''.
(b) Effective Date.--Section 2401b of title 10, United
States Code, as added by subsection (a), shall apply with
respect to contracts entered into after the date of the
enactment of this Act.
Subtitle C--Sunken Military Craft
SEC. 1021. PRESERVATION OF TITLE TO SUNKEN MILITARY CRAFT AND
ASSOCIATED CONTENTS.
Right, title, and interest of the United States in and to
any United States sunken military craft shall not be
extinguished by the passage of time, regardless of when the
sunken military craft sank.
SEC. 1022. PROHIBITIONS.
(a) Unauthorized Activities Directed at Sunken Military
Craft.--No person shall engage in or attempt to engage in any
activity directed at a sunken military craft that disturbs,
removes, or injures any sunken military craft, except--
(1) as authorized by a permit under this subtitle;
(2) as authorized by regulations issued under this
subtitle; or
(3) as otherwise authorized by law.
(b) Possession of Sunken Military Craft.--No person may
possess, disturb, remove, or injure any sunken military craft
in violation of--
(1) this section; or
(2) any prohibition, rule, regulation, ordinance, or permit
that applies under any other applicable Federal, foreign, or
other law.
(c) Limitations on Application.--
(1) Actions by united states.--This section shall not apply
to actions taken by, or at the direction of, the United
States.
(2) Foreign persons.--This section shall not apply to any
action by a person who is not a citizen, national, or
resident alien of the United States, except in accordance
with--
(A) generally recognized principles of international law;
(B) an agreement between the United States and the foreign
country of which the person is a citizen; or
(C) in the case of an individual who is a crew member or
other individual on a foreign vessel or foreign aircraft, an
agreement between the United States and the flag State of the
foreign vessel or aircraft that applies to the individual.
(3) Loan of sunken military craft.--This section does not
prohibit the loan of United States sunken military craft in
accordance with regulations issued by the Secretary
concerned.
SEC. 1023. PERMITS.
(a) In General.--The Secretary concerned may issue a permit
authorizing a person to engage in an activity otherwise
prohibited by section 1022 with respect to a United States
military craft, for archaeological, historical, or
educational purposes, in accordance with regulations issued
by such Secretary that implement this section.
(b) Consistency With Other Laws.--The Secretary concerned
shall require that any activity carried out under a permit
issued by such Secretary under this section must be
consistent with all requirements and restrictions that apply
under any other provision of Federal law.
(c) Consultation.--In carrying out this section (including
the issuance after the date of the enactment of this Act of
regulations implementing this section), the Secretary
concerned shall consult with the head of each Federal agency
having authority under Federal law with respect to activities
directed at sunken military craft or the locations of such
craft.
SEC. 1024. PENALTIES.
(a) In General.--Any person who violates this subtitle, or
any regulation or permit issued under this subtitle, shall be
liable to the United States for a civil penalty under this
section.
(b) Assessment and Amount.--The Secretary concerned may
assess a civil penalty under this section, after notice and
an opportunity for a hearing, of not more than $100,000 for
each violation.
(c) Continuing Violations.--Each day of a continued
violation of this subtitle or a regulation or permit issued
under this subtitle shall constitute a separate violation for
purposes of this section.
SEC. 1025. LIABILITY FOR DAMAGES.
(a) In General.--Any person who engages in an activity in
violation of section 1022 or any regulation or permit issued
under this subtitle that disturbs, removes, or injures any
United States sunken military craft shall pay the United
States enforcement costs and damages resulting from such
disturbance, removal, or injury.
(b) Included Damages.--Damages referred to in subsection
(a) may include--
(1) the reasonable costs incurred in storage, restoration,
care, maintenance, conservation, and curation of any sunken
military craft that is disturbed, removed, or injured in
violation of section 1022 or any regulation or permit issued
under this subtitle; and
(2) the cost of retrieving, from the site where the sunken
military craft was disturbed, removed, or injured, any
information of an archaeological, historical, or cultural
nature.
SEC. 1026. RELATIONSHIP TO OTHER LAWS.
(a) In General.--Except to the extent that an activity is
undertaken as a subterfuge for activities prohibited by this
subtitle, nothing in this subtitle is intended to affect--
(1) any activity that is not directed at a sunken military
craft; or
(2) the traditional high seas freedoms of navigation,
including--
(A) the laying of submarine cables and pipelines;
(B) operation of vessels;
(C) fishing; or
(D) other internationally lawful uses of the sea related to
such freedoms.
(b) International Law.--This subtitle and any regulations
implementing this subtitle shall be applied in accordance
with generally recognized principles of international law and
in accordance with the treaties, conventions, and other
agreements to which the United States is a party.
(c) Law of Finds.--The law of finds shall not apply to any
United States sunken military craft, wherever located.
(d) Law of Salvage.--No salvage rights or awards shall be
granted with respect to any sunken military craft without the
express permission of the United States.
(e) Law of Capture or Prize.--Nothing in this subtitle is
intended to alter the international law of capture or prize
with respect to sunken military craft.
(f) Limitation of Liability.--Nothing in sections 4281
through 4287 and 4289 of the Revised Statutes (46 U.S.C. App.
181 et seq.) or section 3 of the Act of February 13, 1893
(chapter 105; 27 Stat. 445; 46 U.S.C. App. 192), shall limit
the liability of any person under this section.
(g) Authorities of the Commandant of the Coast Guard.--
Nothing in this subtitle is intended to preclude or limit the
application of any other law enforcement authorities of the
Commandant of the Coast Guard.
(h) Prior Delegations, Authorizations, and Related
Regulations.--Nothing in this subtitle shall invalidate any
prior delegation, authorization, or related regulation that
is consistent with this subtitle.
(i) Criminal Law.--Nothing in this subtitle is intended to
prevent the United States from pursuing criminal sanctions
for plundering of wrecks, larceny of Government property,
or violation of any applicable criminal law.
SEC. 1027. ENCOURAGEMENT OF AGREEMENTS WITH FOREIGN
COUNTRIES.
The Secretary of State, in consultation with the Secretary
of Defense, is encouraged to negotiate and conclude bilateral
and multilateral agreements with foreign countries with
regard to sunken military craft consistent with this
subtitle.
SEC. 1028. DEFINITIONS.
In this subtitle:
(1) Associated contents.--The term ``associated contents''
means--
(A) the equipment, cargo, and contents of a sunken military
craft that are within its debris field; and
(B) the remains and personal effects of the crew and
passengers of a sunken military craft that are within its
debris field.
(2) Secretary.--The term ``Secretary'' means the Secretary
of a military department.
(3) Sunken military aircraft.--The term ``sunken military
aircraft'' means any sunken military aircraft that was owned
or operated by the United States when it sank.
(4) Sunken military craft.--The term ``sunken military
craft'' means any sunken military vessel, sunken military
aircraft, or associated contents, or any portion thereof, the
title to
[[Page H3324]]
which has not been abandoned or transferred in a manner
prescribed by the United States.
(5) Sunken military vessel.--The term ``sunken military
vessel'' means any sunken warship or naval auxiliary of the
United States that is a public vessel as that term is used in
the Act of March 3, 1925 (chapter 428; 46 U.S.C. App. 781 et
seq.), popularly known as the Public Vessels Act.
(6) United states contiguous zone.--The term ``United
States contiguous zone'' means the contiguous zone of the
United States under Presidential Proclamation 7219, dated
September 2, 1999.
(7) United states internal waters.--The term ``United
States internal waters'' means all waters of the United
States on the landward side of the baseline from which the
breadth of the United States territorial sea is measured.
(8) United states territorial sea.--The term ``United
States territorial sea'' means the waters of the United
States territorial sea under Presidential Proclamation 5928,
dated December 27, 1988.
(9) United states waters.--The term ``United States
waters'' means United States internal waters, the United
States territorial sea, and the United States contiguous
zone.
Subtitle D--Counter-Drug Activities
SEC. 1031. CONTINUATION OF AUTHORITY TO USE DEPARTMENT OF
DEFENSE FUNDS FOR UNIFIED COUNTERDRUG AND
COUNTERTERRORISM CAMPAIGN IN COLOMBIA.
(a) Authority to Provide Assistance.--During fiscal years
2005 and 2006, the Secretary of Defense may use funds made
available to the Department of Defense for drug interdiction
and counter-drug activities to provide assistance to the
Government of Colombia--
(1) to support a unified campaign against narcotics
trafficking in Colombia;
(2) to support a unified campaign against activities by
designated terrorist organizations, such as the Revolutionary
Armed Forces of Colombia (FARC), the National Liberation Army
(ELN), and the United Self-Defense Forces of Colombia (AUC);
and
(3) to take actions to protect human health and welfare in
emergency circumstances, including undertaking rescue
operations.
(b) Relation to Other Assistance Authority.--The authority
provided by subsection (a) is in addition to other provisions
of law authorizing the provision of assistance to the
Government of Colombia.
SEC. 1032. LIMITATION ON NUMBER OF UNITED STATES MILITARY
PERSONNEL IN COLOMBIA.
(a) Limitation.--None of the funds available to the
Department of Defense for any fiscal year may be used to
support or maintain more than 500 members of the Armed Forces
on duty in the Republic of Colombia at any time.
(b) Exclusion of Certain Members.--For purposes of
determining compliance with the limitation in subsection (a),
the Secretary of Defense may exclude the following military
personnel:
(1) A member of the Armed Forces in the Republic of
Colombia for the purpose of rescuing or retrieving United
States military or civilian Government personnel, except that
the period for which such a member may be so excluded may not
exceed 30 days unless expressly authorized by law.
(2) A member of the Armed Forces assigned to the United
States Embassy in Colombia as an attache, as a member of the
security assistance office, or as a member of the Marine
Corps security contingent.
(3) A member of the Armed Forces in Colombia to participate
in relief efforts in responding to a natural disaster.
(4) Nonoperational transient military personnel.
(5) A member of the Armed Forces making a port call from a
military vessel in Colombia.
Subtitle E--Reports
SEC. 1041. STUDY OF CONTINUED REQUIREMENT FOR TWO-CREW
MANNING FOR BALLISTIC MISSILE SUBMARINES.
(a) Study and Determination.--The Secretary of Defense
shall conduct a study of whether the practice of using two
alternating crews (referred to as the ``Gold Crew'' and the
``Blue Crew'') for manning of ballistic missile submarines
(SSBNs) continues to be justified under the changed
circumstances since the end of the Cold War and, based on
that study, shall make a determination of whether that two-
crew manning practice should be continued or should be
modified or terminated.
(b) Report.--Not later than six months after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report providing notice of the Secretary's
determination under subsection (a) and the reasons for that
determination.
SEC. 1042. STUDY OF EFFECT ON DEFENSE INDUSTRIAL BASE OF
ELIMINATION OF UNITED STATES DOMESTIC FIREARMS
MANUFACTURING BASE.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report describing in
detail the effect on both military readiness and the defense
industrial base that would result from the elimination of the
United States domestic firearms manufacturing base.
SEC. 1043. STUDY OF EXTENT AND QUALITY OF TRAINING PROVIDED
TO MEMBERS OF THE ARMED SERVICES TO PREPARE FOR
POST-CONFLICT OPERATIONS.
(a) Study Required.--The Secretary of Defense shall conduct
a study to determine the extent to which members of the Armed
Forces assigned to duty in support of contingency operations
receive training in preparation for post-conflict operations
and to evaluate the quality of such training
(b) Matters Included in Study.--As part of the study under
subsection (a), the Secretary shall specifically evaluate the
following:
(1) The doctrine, training, and leader-development system
necessary to enable members of the Armed Forces to
successfully operate in post-conflict operations.
(2) The adequacy of curricula at military educational
facilities to ensure that the Armed Forces has a cadre of
members skilled in post-conflict duties, foreign languages,
and foreign cultures.
(3) The training time and resources available to members
and units to develop cultural awareness about ethnic
backgrounds, religious beliefs, and political loyalties of
the people living in areas in which the Armed Forces operate.
(4) The organization of the combatant commands to conduct
post-conflict operations.
(c) Submission of Study Results.--Not later than March 15,
2005, the Secretary of Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report containing
the results of the study conducted under this section.
Subtitle F--Security Matters
SEC. 1051. USE OF NATIONAL DRIVER REGISTER FOR PERSONNEL
SECURITY INVESTIGATIONS AND DETERMINATIONS.
Section 30305(b) of title 49, United States Code, is
amended--
(1) by redesignating paragraphs (9) through (11) as
paragraphs (10) through (12), respectively; and
(2) by inserting after paragraph (8) the following new
paragraph:
``(9) An individual who has or is seeking access to
national security information for purposes of Executive Order
12968, or any successor Executive order, or an individual who
is being investigated for Federal employment under authority
of Executive Order 10450, or any successor Executive order,
may request the chief driver licensing official of a State to
provide information about the individual pursuant to
subsection (a) of this section to a Federal department or
agency that is authorized to investigate the individual for
the purpose of assisting in the determination of the
eligibility of the individual for access to national security
information or for Federal employment. A Federal department
or agency that receives such information about an individual
may use it in accordance with applicable law.''.
SEC. 1052. STANDARDS FOR DISQUALIFICATION FROM ELIGIBILITY
FOR DEPARTMENT OF DEFENSE SECURITY CLEARANCE .
(a) Disqualified Persons.--Subsection (c)(1) of section 986
of title 10, United States Code, is amended--
(1) by striking ``and'' and inserting ``, was''; and
(2) and inserting before the period at the end the
following: ``, and was incarcerated as a result of that
sentence for not less than one year''.
(b) Waiver Authority.--Subsection (d) of such section is
amended to read as follows:
``(d) Waiver Authority.--In a meritorious case, an
exception to the prohibition in subsection (a) may be
authorized for a person described in paragraph (1) or (4) of
subsection (c) if there are mitigating factors. Any such
waiver may be authorized only in accordance with standards
and procedures prescribed by, or under the authority of, an
Executive order or other guidance issued by the President.''.
Subtitle G--Transportation-Related Matters
SEC. 1061. USE OF MILITARY AIRCRAFT TO TRANSPORT MAIL TO AND
FROM OVERSEAS LOCATIONS.
(a) Authority for Use of Military Aircraft.--Section 3401
of title 39, United States Code, is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1)(A), by striking
``title 49,'' and inserting ``title 49, or on military
aircraft at rates not to exceed those so fixed and determined
for scheduled United States air carriers,''; and
(B) in the sentence following paragraph (3), by striking
``carriers'' each place it appears and inserting ``carriers
and military aircraft''; and
(2) in subsection (c)--
(A) in the first sentence, by striking ``title 49,'' and
inserting ``title 49, or on military aircraft at rates not to
exceed those so fixed and determined for scheduled United
States air carriers,''; and
(B) in the second sentence--
(i) by inserting ``and military aircraft'' after
``carriers'' the first place it appears; and
(ii) by striking ``by air carriers other than scheduled
United States air carriers'' and inserting ``by other than
scheduled United States air carriers and military aircraft''.
(b) Definition.--Such section is further amended by adding
at the end the following new subsection:
``(g) In this section, the term `military aircraft' means
an aircraft owned, operated, or chartered by the Department
of Defense.''.
SEC. 1062. REORGANIZATION AND CLARIFICATION OF CERTAIN
PROVISIONS RELATING TO CONTROL AND SUPERVISION
OF TRANSPORTATION WITHIN THE DEPARTMENT OF
DEFENSE.
(a) Transfer of Certain Transportation Authorities.--
Sections 4744, 4745, 4746, and 4747 of title 10, United
States Code, are transferred to chapter 157 of such title,
inserted (in that order) at the end of such chapter, and
redesignated as sections 2648, 2649, 2650, and 2651,
respectively.
(b) Clarification of Applicability of Transferred
Authorities Throughout the Department of Defense.--(1)
Section 2648 of such title, as transferred and redesignated
by subsection (a), is amended--
[[Page H3325]]
(A) by striking ``Secretary of the Army'' in the matter
preceding paragraph (1) and inserting ``Secretary of
Defense'';
(B) by striking ``Army transport agencies'' in the matter
preceding paragraph (1) and all that follows through
``military transport agency of''; and
(C) by striking paragraphs (1), (2), and (3);
(D) by redesignating paragraph (4), (5), (6), and (7) as
paragraphs (1), (2), (3), and (4), respectively;
(E) by redesignating paragraph (8) as paragraph (5) and in
that paragraph striking ``persons described in clauses (1),
(2), (4), (5), and (7)'' and inserting ``members of the armed
forces, officers and employees of the Department of Defense
or the Coast Guard, and persons described i paragraphs (1),
(2), and (4)''; and
(F) by striking ``clause (7) or (8)'' in the last sentence
and inserting ``paragraph (4) or (5)''.
(2) Section 2649 of such title, as transferred and
redesignated by subsection (a), is amended--
(A) by striking the section heading and inserting the
following:
``Sec. 2649. Civilian passengers and commercial cargoes:
transportation on Department of Defense vessels'';
(B) by striking ``(1) on vessels'' and all that follows
through ``Department of the Army'';
(C) by striking ``any transport agency of''; and
(D) by striking ``Secretary of the Army'' and all that
follows through ``be transported'' and inserting ``Secretary
of Defense, be transported''.
(3) Section 2650 of such title, as transferred and
redesignated by subsection (a), is amended--
(A) in the matter preceding paragraph (1), by striking
``Army transport agencies'' and all that follows through
``military transport agency of'';
(B) in paragraph (1), by striking ``Secretary of the Army''
and inserting ``Secretary of Defense''; and
(C) in paragraph (4), by striking ``by air--'' and all that
follows through ``the transportation cannot'' and inserting
``by air, the transportation cannot''.
(4) Section 2651 of such title, as transferred and
redesignated by subsection (a), is amended by striking ``Army
transport agencies'' and all that follows and inserting ``the
Department of Defense, under regulations and at rates to be
prescribed by the Secretary of Defense.''.
(c) Repeal of Superseded and Obsolete Provisions.--The
following sections of such title are repealed: sections 4741,
4743, 9741, 9743, and 9746.
(d) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 157
of such title is amended by adding at the end the following
new items:
``2648. Persons and supplies: sea transportation.
``2649. Civilian passengers and commercial cargoes: transportation on
Department of Defense vessels.
``2650. Civilian personnel in Alaska.
``2651. Passengers and merchandise to Guam: sea transport.''.
(2) The table of sections at the beginning of chapter 447
of such title is amended by striking the items relating to
sections 4741, 4743, 4744, 4745, 4746, and 4747.
(3) The table of sections at the beginning of chapter 947
of such title is amended by striking the items relating to
sections 9741, 9743, and 9746.
SEC. 1063. DETERMINATION OF WHETHER PRIVATE AIR CARRIERS ARE
CONTROLLED BY UNITED STATES CITIZENS FOR
PURPOSES OF ELIGIBILITY FOR GOVERNMENT
CONTRACTS FOR TRANSPORTATION OF PASSENGERS OR
SUPPLIES.
Section 2710 of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 601),
is amended by adding at the end the following new sentence:
``Any determination for purposes of this section of whether
(in accordance with the first proviso of this section) an air
carrier is effectively controlled by citizens of the United
States shall be made by, or shall be based on determinations
made by, the Secretary of Transportation.''.
SEC. 1064. EVALUATION OF WHETHER TO PROHIBIT CERTAIN OFFERS
FOR TRANSPORTATION OF SECURITY-SENSITIVE CARGO.
(a) Evaluation Requirement.--The Secretary of Defense shall
evaluate whether, and under what circumstances, in the award
of service contracts for domestic freight transportation for
security-sensitive cargo (such as arms, ammunitions,
explosive, and classified material), the Secretary should not
consider an offer or tender from more than one motor carrier
that is part of a group of motor carriers under common
financial or administrative control. In conducting the
evaluation, the Secretary shall seek industry comment.
(b) Report.--Not later than January 1, 2005, the Secretary
of Defense shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a report on
the results of the evaluation conducted under subsection (a).
Subtitle H--Other Matters
SEC. 1071. TWO-YEAR EXTENSION OF AUTHORITY OF THE SECRETARY
OF DEFENSE TO ENGAGE IN COMMERCIAL ACTIVITIES
AS SECURITY FOR INTELLIGENCE COLLECTION
ACTIVITIES ABROAD.
Section 431(a) of title 10, United States Code, is amended
by striking ``December 31, 2004'' and inserting ``December
31, 2006''.
SEC. 1072. ASSISTANCE FOR STUDY OF FEASIBILITY OF BIENNIAL
INTERNATIONAL AIR TRADE SHOW IN THE UNITED
STATES AND FOR INITIAL IMPLEMENTATION.
(a) Assistance for Community Feasibility Study.--(1) The
Secretary of Defense shall provide assistance to a community
selected under subsection (d) for expenses of a study by that
community of the feasibility of the establishment and
operation of a biennial international air trade show in the
area of that community.
(2) The Secretary shall provide for the community to submit
to the Secretary a report containing the results of the study
not later than September 30, 2005. The Secretary shall
promptly submit the report to Congress, together with such
comments on the report as the Secretary considers
appropriate.
(b) Assistance for Implementation.--If the community
conducting the study under subsection (a) determines that the
establishment and operation of such an air show is feasible
and should be implemented, the Secretary shall provide
assistance to the community for the initial expenses of
implementing such an air show in the selected community.
(c) Amount of Assistance.--The amount of assistance
provided by the Secretary under subsections (a) and (b)--
(1) may not exceed a total of $1,000,000, to be derived
from amounts available for operation and maintenance for the
Air Force for fiscal year 2005 or later fiscal years; and
(2) may not exceed one-half of the cost of the study and
may not exceed one-half the cost of such initial
implementation.
(d) Selection of Community.--The Secretary shall select a
community for purposes of subsection (a) through the use of
competitive procedures. In making such selection, the
Secretary shall give preference to those communities that
already sponsor an air show, have demonstrated a history of
supporting air shows with local resources, and have a
significant role in the aerospace community. The community
shall be selected not later than March 1, 2005.
SEC. 1073. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Clarification of Definition of ``Operational Range''.--
Section 101(e)(3) of title 10, United States Code, is amended
by striking ``Secretary of Defense'' and inserting
``Secretary of a military department''.
(b) Amendments Relating to Definition of Congressional
Defense Committees.--
(1) Chapter 169 of such title is amended as follows:
(A) Paragraph (4) of section 2801(c) is amended to read as
follows:
``(4) The term `congressional defense committees' includes,
with respect to any project to be carried out by, or for the
use of, an intelligence component of the Department of
Defense--
``(A) the Permanent Select Committee on Intelligence of the
House of Representatives; and
``(B) the Select Committee on Intelligence of the
Senate.''.
(B) The following sections are amended by striking
``appropriate committees of Congress'' each place it appears
and inserting ``congressional defense committees'': sections
2803(b), 2804(b), 2805(b)(2), 2806(c)(2), 2807(b), 2807(c),
2808(b), 2809(f)(1), 2811(d), 2812(c)(1)(A), 2813(c),
2814(a)(2)(A), 2814(g)(1), 2825(b)(1), 2827(b), 2828(f),
2835(g), 2836(f), 2837(c)(2), 2853(c)(2), 2854(b),
2854a(c)(1), 2865(e)(2), 2866(c)(2), 2875(e), 2881a(d)(2),
2881a(e), 2883(f), and 2884(a).
(2) Section 2215 is amended--
(A) by striking ``(a) Certification Required.--'';
(B) by striking ``congressional committees specified in
subsection (b)'' and inserting ``congressional defense
committees''; and
(C) by striking subsection (b).
(3) Section 2306b(g) is amended by striking ``Committee
on'' the first place it appears and all that follows through
``House of Representatives'' and inserting ``congressional
defense committees''.
(4) Section 2515(d) is amended--
(A) by striking ``(1)'' before ``The Secretary'';
(B) by striking ``congressional committees specified in
paragraph (2)'' and inserting ``congressional defense
committees''; and
(C) by striking paragraph (2).
(5) Section 2676(d) is amended by striking ``appropriate
committees of Congress'' at the end of the first sentence and
inserting ``congressional defense committees''.
(6) Section 2694a is amended by striking ``appropriate
committees of Congress'' in subsections (e) and (i)(1) and
inserting ``congressional defense committees''.
(c) Amendments Relating to Definition of Base Closure
Laws.--
(1) Section 2694a(i) of title 10, United States Code, is
amended by striking paragraph (2).
(2) Paragraph (1) of section 1333(i) of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160; 10 U.S.C. 2701 note) is amended to read as follows:
``(1) Base closure law.--The term `base closure law' has
the meaning given such term in section 101(a)(17) of title
10, United States Code.''.
(3) Subsection (b) of section 2814 of the Military
Construction Authorization Act for Fiscal Year 1995 (division
B of Public Law 103-337; 10 U.S.C. 2687 note) is amended to
read as follows:
``(b) Base Closure Law Defined.--In this section, the term
`base closure law' has the meaning given such term in section
101(a)(17) of title 10, United States Code.''.
(4) Subsection (c) of section 3341 of title 5, United
States Code, is amended to read as follows:
``(c) For purposes of this section, the term `base closure
law' has the meaning given such term in section 101(a)(17) of
title 10.''.
(5)(A) Paragraph (1) of section 554(a) of title 40, United
States Code, is amended to read as follows:
``(1) Base closure law.--The term `base closure law' has
the meaning given that term in section 101(a)(17) of title
10.''.
[[Page H3326]]
(B) Subparagraph (B) of section 572(b)(1) of title 40 is
amended to read as follows:
``(B) Base closure law.--The term `base closure law' has
the meaning given that term in section 101(a)(17) of title
10.''.
(d) Definition of State for Purposes of Section 2694a.--
Subsection (i) of section 2694a of title 10, United States
Code, as amended by subsections (b)(6) and (c)(1), is further
amended--
(1) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, Guam, the Virgin Islands, and
American Samoa.''; and
(2) by striking paragraph (4).
(e) Miscellaneous Amendments to Title 10, United States
Code.--Title 10, United States Code, is amended as follows:
(1) The tables of chapters at the beginning of subtitle A,
and at the beginning of part I of subtitle A, are amended by
striking ``481'' in the item relating to chapter 23 and
inserting ``480''.
(2) Section 130a is amended--
(A) by striking ``Effective October 1, 2002, the'' in
subsection (a) and inserting ``The'';
(B) by striking ``baseline number'' in subsection (a) and
all that follows through ``means the'' in subsection (c);
(C) by transferring subsection (e) so as to appear before
subsection (d) and redesignating that subsection as
subsection (b);
(D) by redesignating subsections (d) and (f) as subsection
(c) and (d), respectively; and
(E) by striking subsection (g).
(3) Section 437(c) is amended by inserting ``(50 U.S.C.
415b)'' after ``National Security Act of 1947''.
(4) Section 487(d) is amended by striking ``Other
Definitions'' and inserting ``Inapplicability to Coast
Guard''.
(5) Section 503(c)(1)(B) is amended by striking
``education'' in the second sentence and inserting
``educational''.
(6) Section 632(c)(1) is amended--
(A) by striking ``paragraph (2)'' and inserting ``paragraph
(3)''; and
(B) by striking ``under that paragraph'' and inserting
``under that subsection''.
(7) The item relating to section 1076b in the table of
sections at the beginning of chapter 55 is amended to read as
follows:
``1076b. TRICARE program: coverage for members of the Ready Reserve.''.
(8) Section 1108(e) is amended by striking ``heath'' and
inserting ``health''.
(9) Section 1406(g) is amended--
(A) by striking ``section 305'' and inserting ``section
245''; and
(B) by inserting ``(33 U.S.C. 3045)'' after ``of 2002''.
(10) Sections 1448(b)(1)(F), 1448(d)(2)(B), 1448(d)(6)(A),
and 1458(j) are amended by striking ``on or after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2004'' and inserting ``after November 23,
2003,''.
(11) Sections 1463(a), 1465(c)(1)(A), 1465(c)(1)(B),
1465(c)(4)(A), 1465(c)(4)(B), and 1466(b)(2)(D) are amended
by striking ``1413, 1413a,'' and inserting ``1413a''.
(12) Section 1557(b) is amended ``Effective October 1,
2002, final'' and inserting ``Final''.
(13) Section 1566 is amended--
(A) in subsection (g)(2), by striking ``the date that is 6
months after the date of the enactment of the Help America
Vote Act of 2002'' in the last sentence and inserting ``April
29, 2003''; and
(B) in subsections (h), (i)(1), and (i)(3), by striking
``Armed Forces'' and inserting ``armed forces''.
(14) Sections 1724(d) and 1732(d)(1) are amended by
striking ``its decision'' in the second sentence and
inserting ``the decision of the Secretary''.
(15) Section 1761(b) is amended--
(A) in the matter preceding paragraph (1), by striking
``provide for--'' and inserting ``provide for the
following:'';
(B) in paragraphs (1), (2), and (3), by capitalizing the
first letter of the first word;
(C) at the end of paragraphs (1) and (2), by striking the
semicolon and inserting a period;
(D) at the end of paragraph (3), by striking ``; and'' and
inserting a period; and
(E) by striking paragraph (4).
(16) Section 2193b(c)(2) is amended by striking ``the date
of the enactment of this section'' and inserting ``October 5,
1999''.
(17) Section 2224(c) is amended in the matter preceding
paragraph (1) by striking ``subtitle II of chapter 35'' and
inserting ``subchapter II of chapter 35''.
(18) Section 2349(d) is amended by striking ``section
2350a(i)(3)'' and inserting ``section 2350a(i)(2)''.
(19) Section 2350b(g) is amended--
(A) in the matter preceding paragraph (1), by inserting
``the Secretary of Defense'' after ``authorizing''; and
(B) in paragraph (1), by striking ``the Secretary of
Defense''.
(20) Section 2540(b)(2) is amended by inserting ``, as in
effect on that date'' before the period at the end.
(21) Section 2662(a)(2) is amended--
(A) in the first sentence, by striking ``must include a
summarization'' and inserting ``shall include a summary'';
and
(B) in the second sentence, by inserting ``of paragraph
(1)'' after ``in subparagraph (E)''.
(22) Section 2672a(a) is amended--
(A) in the matter preceding paragraph (1), by inserting
``in any case in which the Secretary determines'' after ``in
land'';
(B) in paragraph (1), by striking ``the Secretary
determines'' and inserting ``the acquisition''; and
(C) in paragraph (2), by inserting ``the acquisition''
after ``(2)''.
(23) Section 2701 is amended--
(A) in subsection (a)(2), by inserting ``(42 U.S.C. 9620)''
before the period at the end;
(B) in subsection (c)(2), by striking ``of CERCLA (relating
to settlements)'' and inserting ``(relating to settlements)
of CERCLA (42 U.S.C. 9622)'';
(C) in subsection (e), by inserting ``(42 U.S.C. 9619)''
after ``CERCLA''; and
(D) in subsection (j)(2), by striking ``the Comprehensive''
and all the follows through ``of 1980'' and inserting
``CERCLA''.
(24) Section 2702 is amended by inserting ``(42 U.S.C.
9660(a)(5))'' in the second sentence of subsection (a) before
the period at the end.
(25) Section 2703(b) is amended by striking ``The terms''
at the beginning of the second sentence and inserting ``For
purposes of the preceding sentence, the terms''.
(26) Section 2704 is amended by inserting ``(42 U.S.C.
9604(i))'' in subsections (c), (e), and (f) after ``CERCLA''.
(27) The second section 3755, added by section 543(b)(1) of
the Bob Stump National Defense Authorization Act for Fiscal
Year 2003 (Public Law 107-314; 116 Stat. 2549), is
redesignated as section 3756, and the item relating to that
section in the table of sections at the beginning of chapter
357 is revised to reflect such redesignation.
(28) Section 4689 is amended by striking ``Building'' after
``Capitol''.
(29) The second section 6257, added by section 543(c)(1) of
the Bob Stump National Defense Authorization Act for Fiscal
Year 2003 (Public Law 107-314; 116 Stat. 2549), is
redesignated as section 6258, and the item relating to that
section in the table of sections at the beginning of chapter
567 is revised to reflect such redesignation.
(30) Section 7102 is amended--
(A) by striking ``Authority'' at the beginning of
subsection (a) and inserting ``Master of Military Studies'';
(B) by striking ``Marine Corps War College'' at the
beginning of subsection (b) and inserting ``Master of
Strategic Studies'';
(C) by striking ``Command and Staff College of the Marine
Corps University'' at the beginning of subsection (c) and
inserting ``Master of Operational Studies''; and
(D) by striking ``subsections (a) and (b)'' in subsection
(d) and inserting ``this section''.
(31) Section 8084 is amended by striking ``capabilty'' and
inserting ``capability''.
(32) The second section 8755, added by section 543(d)(1) of
the Bob Stump National Defense Authorization Act for Fiscal
Year 2003 (Public Law 107-314; 116 Stat. 2550), is
redesignated as section 8756, and the item relating to that
section in the table of sections at the beginning of chapter
857 is revised to reflect such redesignation.
(33) The table in section 12012(a) is amended by inserting
a colon after ``Air National Guard''.
(f) Title 37, United States Code.--Section 323(h) of title
37, United States Code, is amended by striking ``Secretary of
Transportation'' and inserting ``Secretary of Homeland
Security''.
(g) Public Law 108-136.--Effective as of November 24, 2003,
and as if included therein as enacted, the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136)
is amended as follows:
(1) Sections 832(a) and 834(a) (117 Stat. 1550) are each
amended by striking ``such title'' and inserting ``title 10,
United States Code,''
(2) Section 931(a)(1) (117 Stat. 1580) is amended by
striking ``and donations'' in the first quoted matter and
inserting ``or donations''.
(3) Section 2204(b) (117 Stat. 1706) is amended by striking
``section 2101(a)'' each place it appears and inserting
``section 2201(a)''.
(h) Public Law 107-314.--Effective as of December 2, 2002,
and as if included therein as enacted, section 1064(a)(2) of
the Bob Stump National Defense Authorization Act for Fiscal
Year 2003 (Public Law 107-314; 116 Stat. 2654) is amended by
inserting ``the item relating to'' after ``is amended by
inserting after''.
(i) Public Law 101-510.--Section 2902(e)(2)(B) of the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is
amended--
(1) in clause (i), by striking ``Subcommittee on Readiness,
Sustainability, and Support'' and inserting ``Subcommittee on
Readiness and Management Support''; and
(2) in clause (ii), by striking ``Subcommittee on Military
Installations and Facilities'' and inserting ``Subcommittee
on Readiness''.
(j) National Security Act of 1947.--Sections
702(a)(6)(B)(iv)(I), 703(a)(6)(B)(iv)(I), and 704(f)(2)(D)(i)
of the National Security Act of 1947 are amended by striking
``responsible records'' and inserting ``responsive records''.
(k) Codification Relating to Leave for Attendance at
Certain Hearings.--Subsection (b) of section 363 of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (10 U.S.C. 704 note) is--
(1) transferred to section 704 of title 10, United States
Code;
(2) inserted at the end of that section;
(3) redesignated as subsection (c); and
(4) amended--
(A) by striking ``Armed Forces'' each place it appears and
inserting ``armed forces'';
(B) in paragraph (1)--
(i) by striking ``Secretary of each'' and all that follows
through ``in the Navy,'' and inserting ``Secretary
concerned''; and
(ii) by striking ``(as defined in section 101 of title 10,
United States Code)''; and
(C) in paragraph (3)--
(i) by striking ``For purposes of this subsection--'' and
inserting ``In this subsection:'';
(ii) in subparagraph (A), by striking ``title 10, United
States Code'' and inserting ``this title''; and
(iii) in subparagraph (B), by striking ``such term'' and
inserting ``that term''.
[[Page H3327]]
SEC. 1074. COMMISSION ON THE LONG-TERM IMPLEMENTATION OF THE
NEW STRATEGIC POSTURE OF THE UNITED STATES.
(a) Establishment of Commission.--
(1) Establishment.--There is hereby established a
commission to be known as the ``Commission on the Long-Term
Implementation of the New Strategic Posture of the United
States''. The Secretary of Defense shall enter into a
contract with a federally funded research and development
center to provide for the organization, management, and
support of the Commission. Such contract shall be entered
into in consultation with the Secretary of Energy.
(2) Composition.--(A) The Commission shall be composed of
12 members who shall be appointed by the Secretary of
Defense. In selecting individuals for appointment to the
Commission, the Secretary of Defense shall consult with the
chairman and ranking minority member of the Committee on
Armed Services of the Senate and the chairman and ranking
minority member of the Committee on Armed Services of the
House of Representatives.
(B) Members of the Commission shall be appointed from among
private United States citizens with knowledge and expertise
in the political, military, operational, and technical
aspects of nuclear strategy.
(3) Chairman of the commission.--The Secretary of Defense
shall designate one of the members of the Commission to serve
as chairman of the Commission.
(4) Period of appointment; vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(5) Security clearances.--All members of the Commission
shall hold appropriate security clearances.
(b) Duties of Commission.--
(1) Review of Long-Term Implementation of the Nuclear
Posture Review.--The Commission shall examine long-term
programmatic requirements to achieve the goals set forth in
the report of the Secretary of Defense submitted to Congress
on December 31, 2001, providing the results of the Nuclear
Posture Review conducted pursuant to section 1041 of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398; 114
Stat. 1654, 1654A-262) and results of periodic assessments of
the Nuclear Posture Review. Matters examined by the
Commission shall include the following:
(A) The process of establishing requirements for strategic
forces and how that process accommodates employment of
nonnuclear strike platforms and munitions in a strategic
role.
(B) How strategic intelligence, reconnaissance, and
surveillance requirements differ from nuclear intelligence,
reconnaissance, and surveillance requirements.
(C) The ability of a limited number of strategic platforms
to carry out a growing range of nonnuclear strategic strike
missions.
(D) The limits of tactical systems to perform nonnuclear
global strategic missions in a prompt manner.
(E) An assessment of the ability of the current nuclear
stockpile to address the evolving strategic threat
environment through 2025.
(2) Recommendations.--The Commission shall include in its
report recommendations with respect to the following:
(A) Changes to the requirements process to employ
nonnuclear strike platforms and munitions in a strategic
role.
(B) Changes to the nuclear stockpile and infrastructure
required to preserve a nuclear capability commensurate with
the changes to the strategic threat environment through 2025.
(C) Actions the Secretary of Defense and the Secretary of
Energy can take to preserve flexibility of the defense
nuclear comples while reducing the cost of a Cold War
strategic infrastructure.
(D) Identify shortfalls in the strategic modernization
programs of the United States that would undermine the
ability of the United States to develop new nonnuclear
strategic strike capabilities.
(3) Cooperation from government officials.--(A) In carrying
out its duties, the Commission shall receive the full and
timely cooperation of the Secretary of Defense, the Secretary
of Energy, and any other United States Government official in
providing the Commission with analyses, briefings, and other
information necessary for the fulfillment of its
responsibilities.
(B) The Secretary of Energy and the Secretary of Defense
shall each designate at least one officer or employee of the
Department of Energy and the Department of Defense,
respectively, to serve as a liaison officer between the
department and the Commission.
(c) Reports.--
(1) Commission report.--The Commission shall submit to the
Secretary of Defense and the Committees on Armed Services of
the Senate and House of Representatives a report on the
Commission's findings and conclusions. Such report shall be
submitted not later that 28 months after the date of the
first meeting of the Commission.
(2) Secretary of defense response.--Not later than one year
after the date on which the Commission submits its report
under paragraph (1), the Secretary of Defense shall submit to
Congress a report--
(A) commenting on the Commission's findings and
conclusions; and
(B) explaining what actions, if any, the Secretary intends
to take to implement the recommendations of the Commission
and, with respect to each such recommendation, the
Secretary's reasons for implementing, or not implementing,
the recommendation.
(d) Hearings and Procedures.--
(1) Hearings.--The Commission may, for the purpose of
carrying out the purposes of this section, hold hearings and
take testimony.
(2) Procedures.--The federally funded research and
development center with which a contract is entered into
under subsection (a)(1) shall be responsible for establishing
appropriate procedures for the Commission.
(3) Detail of government employees.--Upon request of the
chairman of the Commission, the head of any Federal
department or agency may detail, on a nonreimbursable basis,
personnel of that department or agency to the Commission to
assist it in carrying out its duties.
(e) Funding.--Funds for activities of the Commission shall
be provided from amounts appropriated for the Department of
Defense.
(f) Termination of Commission.--The Commission shall
terminate 60 days after the date of the submission of its
report under subsection (c)(1).
(g) Implementation.--
(1) FFRDC contract.--The Secretary of Defense shall enter
into the contract required under subsection (a)(1) not later
that 60 days after the date of the enactment of this Act.
(2) First meeting.--The Commission shall convene its first
meeting not later than 60 days after the date as of which all
members of the Commission have been appointed.
SEC. 1075. LIABILITY PROTECTION FOR CERTAIN DEPARTMENT OF
DEFENSE VOLUNTEERS WORKING IN THE MARITIME
ENVIRONMENT.
(a) Authority to Accept Certain Volunteer Services.--
Subsection (a) of section 1588 of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(8) Voluntary services provided to the United States
Military Academy, United States Naval Academy, and United
States Air Force Academy for the training of cadets and
midshipmen.''.
(b) Liability Protection for Volunteers in Maritime
Environment.--Subparagraph (D) of subsection (d)(1) of such
section is amended--
(1) by striking ``and'' after ``this title'' and inserting
a comma; and
(2) by inserting before the period at the end the
following: ``, and chapters 20 and 22 of title 46 (relating
to claims for damages or loss on navigable waters)''.
SEC. 1076. TRANSFER OF HISTORIC F3A-1 BREWSTER CORSAIR
AIRCRAFT.
(a) Authority to Convey.--The Secretary of the Navy may
convey, without consideration, to Lex Cralley, of Princeton
Minnesota (in this section referred to as ``transferee''),
all right, title and interest of the United States in and to
a F3A-1 Brewster Corsair aircraft (Bureau Number 04634). The
conveyance shall be made by means of a deed of gift.
(b) Condition of Aircraft.--The aircraft shall be conveyed
under subsection (a) in its current unflyable, ``as is''
condition. The Secretary is not required to repair or alter
the condition of the aircraft before conveying ownership of
the aircraft.
(c) Conveyance at No Cost to the United States.--The
conveyance of the aircraft under subsection (a) shall be made
at no cost to the United States. Any costs associated with
the conveyance and costs of operation and maintenance of the
aircraft conveyed shall be borne by the transferee.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with a conveyance under this section as the Secretary
considers appropriate to protect the interests of the United
States.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
SEC. 1101. PAYMENT OF FEDERAL EMPLOYEE HEALTH BENEFIT
PREMIUMS FOR MOBILIZED FEDERAL EMPLOYEES.
(a) Authority to Continue Benefit Coverage.--Section 8905a
of title 5, United States Code is amended--
(1) in subsection (a), by striking ``paragraph (1) or (2)
of'';
(2) in subsection (b)--
(A) in paragraph (1)(B), by striking ``and'' at the end;
(B) in paragraph (2)(C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) any employee who--
``(A) is enrolled in a health benefits plan under this
chapter;
``(B) is a member of a Reserve component of the armed
forces;
``(C) is called or ordered to active duty in support of a
contingency operation (as defined in section 101(a)(13) of
title 10);
``(D) is placed on leave without pay or separated from
service to perform active duty; and
``(E) serves on active duty for a period of more than 30
consecutive days.''; and
(4) in subsection (e)(1)--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following new subparagraph:
``(C) in the case of an employee described in subsection
(b)(3), the date which is 24 months after the employee is
placed on leave without pay or separated from service to
perform active duty.''.
(b) Authority for Agencies To Pay Premiums.--Subparagraph
(C) of section 8906(e)(3) of such title is amended by
striking ``18 months'' and inserting ``24 months''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to Federal employees called or
ordered to active duty on or after September 14, 2001.
SEC. 1102. FOREIGN LANGUAGE PROFICIENCY PAY.
Section 1596a of title 10, United States Code, is amended--
[[Page H3328]]
(1) in subsection (a)(2), by striking ``during a
contingency operation supported by the armed forces''; and
(2) in subsection (c), by inserting before the period at
the end the following: ``and shall not be considered base pay
for any purpose''.
SEC. 1103. PAY PARITY FOR CIVILIAN INTELLIGENCE PERSONNEL.
Section 1602 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``in relation to the
rates of pay provided in subpart D of part III of title 5 for
positions subject to that subpart which have corresponding
levels of duties and responsibilities'' and inserting ``in
relation to the rates of pay provided for Department of
Defense Senior Executive, Senior Level, and other comparable
positions''; and
(2) by amending subsection (b) to read as follows:
``(b) Performance Appraisal System.--The positions referred
to in subsection (a) shall be subject to a performance
appraisal system which, as designed and applied, is certified
by the Secretary of Defense as making meaningful distinctions
based on relative performance and may be the same performance
appraisal system established and implemented within the
Department for members of the Senior Executive Service.''.
SEC. 1104. PAY PARITY FOR SENIOR EXECUTIVES IN
NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) In General.--Chapter 81 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1599e. Senior executive compensation for
nonappropriated fund instrumentalities
``Notwithstanding any provisions of title 5, the Secretary
of Defense may regulate the amount of total compensation,
including the rate of basic pay, of senior executives
employed by Department of Defense nonappropriated fund
instrumentalities, to provide for parity with the total
compensation, including basic pay, of Department of Defense
employees in the Senior Executive Service and other similar
senior executive positions.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1599d the following new item:
``1599e. Senior executive compensation for nonappropriated fund
instrumentalities.''.
SEC. 1105. PROHIBITION OF UNAUTHORIZED WEARING OR USE OF
CIVILIAN MEDALS OR DECORATIONS.
Chapter 57 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 1134. Civilian medals or decorations of the Department
of Defense
``(a) Prohibition.--Except with the written permission of
the Secretary of Defense or when authorized by regulations,
no person may knowingly--
``(1) wear; or
``(2) use, in connection with any merchandise, retail
product, impersonation, solicitation, or commercial activity;
medals, decorations, or other insignia awarded by the
Secretary of Defense to recognize Department of Defense
civilian employees and other individuals who render service
to the Department of Defense.
``(b) Authority To Enjoin Violations.--Whenever it appears
to the Attorney General that any person is engaged or is
about to engage in an act or practice which constitutes or
will constitute conduct prohibited by subsection (a), the
Attorney General may initiate a civil proceeding in a
district court of the United States to enjoin such act or
practice. Such court shall proceed as soon as practicable to
the hearing and determination of such action and may, at any
time before final determination, enter such restraining
orders or prohibitions, or take such other actions as is
warranted, including imposing a civil penalty not to exceed
$25,000 for each violation, to prevent injury to the United
States or to any person or class of persons for whose
protection the action is brought.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1134. Civilian medals or decorations of the Department of Defense.''
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Matters Relating to Iraq, Afghanistan, and Global War on
Terrorism
SEC. 1201. DOCUMENTATION OF CONDITIONS IN IRAQ UNDER FORMER
DICTATORIAL GOVERNMENT AS PART OF TRANSITION TO
POST-DICTATORIAL GOVERNMENT.
(a) Findings.--The Congress makes the following findings:
(1) The regime of Saddam Hussein in Iraq was a dictatorial
regime prone to secrecy in the maintenance of its hold on
power.
(2) The people of Iraq all suffered as a result of Saddam
Hussein's dictatorial control.
(3) Efforts in other post-dictatorial states to document
the crimes and abuses of their predecessor dictatorial
governments have contributed to the process of national
reconciliation and have served as a reminder about the
importance of protecting individual rights.
(b) Transfer of Certain Documents and Records.--The
Secretary of Defense shall, to the extent practicable,
establish a process for expeditiously transferring to
indigenous Iraqi entities committed to documenting publicly
the nature of the Saddam Hussein regime any documents and
records described in subsection (c) that are obtained by
United States military forces in Iraq.
(c) Covered Documents and Records.--The documents and
records referred to in subsection (b) are documents and
records--
(1) that were created by--
(A) the Government of Iraq between 1968 and May 1, 2003; or
(B) the Ba'ath Socialist Party in Iraq after 1968; and
(2) that provide insight into--
(A) the functioning of the Government of Iraq or the Ba'ath
Socialist Party in Iraq; or
(B) the crimes, atrocities, and brutal practices of the
Iraqi government towards the people of Iraq during the period
between 1968 and May 1, 2003.
SEC. 1202. SUPPORT OF MILITARY OPERATIONS TO COMBAT
TERRORISM.
(a) Authority.--The Secretary of Defense may expend up to
$25,000,000 during any fiscal year during which this
subsection is in effect to provide support to foreign forces,
irregular forces, groups, or individuals engaged in
supporting or facilitating ongoing military operations by
United States special operations forces to combat terrorism.
(b) Intelligence Activities.--This section does not
constitute authority to conduct a covert action, as such term
is defined in section 503(e) of the National Security Act of
1947 (50 U.S.C. 413b(e)).
(c) Annual Report.--Not later than 30 days after the close
of each fiscal year during which subsection (a) is in effect,
the Secretary of Defense shall submit to the congressional
defense committees a report on support provided under this
section during that fiscal year. Each such report shall
describe the support provided, including a statement of the
recipient of the support and the amount obligated to provide
the support.
(d) Fiscal Year 2005 Limitation.--Support may be provided
under subsection (a) during fiscal year 2005 only from funds
made available for operations and maintenance pursuant to
title XV of this Act.
(e) Period of Authority.--The authority under subsection
(a) is in effect during each of fiscal years 2005 through
2007.
SEC. 1203. COMMANDERS' EMERGENCY RESPONSE PROGRAM.
(a) Fiscal Year 2005 Authority.--During fiscal year 2005,
from funds made available to the Department of Defense for
operation and maintenance pursuant to title XV of this Act,
not to exceed $300,000,000 may be used, notwithstanding any
other provision of law, to provide funds for the Commanders'
Emergency Response Program, established by the Administrator
of the Coalition Provisional Authority for the purpose of
enabling military commanders in Iraq to respond to urgent
humanitarian relief and reconstruction requirements within
their areas of responsibility by carrying out programs that
will immediately assist the Iraqi people, and to provide
funds for a similar program to assist the people of
Afghanistan.
(b) Quarterly Reports.--The Secretary of Defense shall
submit to the congressional defense committees a quarterly
report, beginning on January 15, 2005, regarding the source
of funds and the allocation and use of funds made available
pursuant to the authorityprovided in this section.
SEC. 1204. STATUS OF IRAQI SECURITY FORCES.
(a) Strategic Plan.--No later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a strategic plan setting forth the
manner in which the United States will achieve the goal of
establishing viable and professional Iraqi security forces
able to provide for the long-term security of the Iraqi
people.
(b) Components.--The strategic plan established under
subsection (a) shall include at least the following:
(1) Recruiting and retention goals, shown for each service
of the Iraqi security forces.
(2) Training plans for each service of the Iraqi security
forces.
(3) A description of metrics by which progress toward the
goal of Iraqi provision for its own security can be measured.
(4) A description of equipment needs, shown for each
service of the Iraqi security forces.
(5) A resourcing plan for achieving the goals of the
strategic plan.
(6) Personnel plans in terms of United States military and
contractor personnel to be used in training each such
service.
(7) A description of challenges faced and opportunities
presented in particular regions of Iraq and a plan for
addressing those challenges.
(8) A discussion of training and deployment successes and
failures to the date of the report and how lessons from those
successes and failures will be incorporated into the
strategic plan.
(c) Subsequent Reports.--Ninety days following the
submission of the strategic plan to Congress under subsection
(a) and every 90 days thereafter, the Secretary shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report on progress toward meeting the
goals established in the strategic plan. Each such report
shall address the following:
(1) The number of forces recruited, currently serving, and
that have left (along with a break-down of the reasons for
leaving) by service over the period in question.
(2) Progress in meeting training goals.
(3) Progress in achieving other metrics as identified in
the strategic plan.
(4) A description and analysis of any training incidents
and deployment successes and failures, with a discussion of
how those incidents and successes will affect future efforts
to achieve the goals of the strategic plan.
(d) Iraqi Security Forces Defined.--In this section, the
term ``Iraqi security forces'' means the Iraqi Armed Forces
(IAF), the Iraqi Civil Defense Corps (ICDC), the Iraqi Police
Service
[[Page H3329]]
(IPS), the Department of Border Enforcement (DBE), and the
Facilities Protection Services (FCS).
SEC. 1205. GUIDANCE AND REPORT REQUIRED ON CONTRACTORS
SUPPORTING DEPLOYED FORCES IN IRAQ.
(a) Guidance.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall issue
guidance on how to manage contractors that support deployed
forces and shall direct the Secretaries of the military
departments to develop procedures to ensure implementation of
the guidance. The guidance shall--
(1) establish policies for the use of contractors to
support deployed forces;
(2) delineate the roles and responsibilities of commanders
regarding the management and oversight of contractors that
support deployed forces; and
(3) integrate into a single document other guidance and
doctrine that may affect Department of Defense
responsibilities to contractors in locations where members of
the Armed Forces are deployed.
(b) Report.--Not later than 30 days after issuing the
guidance required under subsection (a), the Secretary of
Defense shall submit to the Committees on Armed Services of
the House of Representatives and the Senate a report
containing a discussion of the following:
(1) A description of the process used by the Department of
Defense for deciding which security functions in Iraq will be
performed by military personnel and which by private security
companies.
(2) A discussion of the overall chain of command and
oversight mechanisms that are in place to ensure adequate
command and supervision of contractor personnel in critical
security roles.
(3) An explanation of the rules of engagement for private
security personnel throughout Iraq, along with how training
in these rules of engagement is being carried out.
(4) A description of mechanisms that exist or that are
under consideration to share intelligence and standardize
communications procedures among private security companies.
(5) Casualty and fatality figures for each contractor in
Iraq supporting deployed forces over the period beginning on
May 1, 2003, and ending on the date of the issuance of the
guidance.
(6) Disciplinary or criminal actions brought against such
contractors during the period covered by the report.
(7) Any incidents of note in Iraq regarding such
contractors during the period covered by the report.
(8) A plan for establishing and implementing a process for
collecting data on individual contractors, the value of the
contracts, and the number of personnel in Iraq performing the
following services:
(A) Personal security details.
(B) Non-military site security.
(C) Non-military convoy security.
(D) Interrogation services at interrogation centers
operated by the Department of Defense.
SEC. 1206. FINDINGS AND SENSE OF CONGRESS CONCERNING ARMY
SPECIALIST JOSEPH DARBY.
(a) Findings.--Congress makes the following findings:
(1) The need to act in accord with one's conscience,
risking one's career and even the esteem of one's colleagues
by pursuing what is right is especially important today.
(2) While the Department of Defense investigate the
horrific abuses in American detention facilities in Iraq, the
Nation should bear in mind that the abuses were only brought
to light because of the courage of an American soldier.
(3) By alerting his superiors to abuses at Abu Ghraib
prison in Iraq, Army Specialist Joseph Darby demonstrated the
courage to speak out and do what is right for his country.
(4) Such an action is especially important in light of the
many challenges facing the country.
(5) Specialist Darby deserves the Nation's thanks for
speaking up and for standing up for what is right.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense should make every protection
available to Army Specialist Joseph Darby and others who
demonstrate such courage; and
(2) Specialist Darby should be commended appropriately by
the Secretary of the Army.
Subtitle B--Other Matters
SEC. 1211. ASSIGNMENT OF ALLIED NAVAL PERSONNEL TO SUBMARINE
SAFETY PROGRAMS.
(a) In General.--Chapter 631 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 7234. Submarine safety programs: participation of
allied naval personnel
``(a) Acceptance of Assignment of Foreign Naval
Personnel.--In order to facilitate the development,
standardization, and interoperability of submarine vessel
safety and rescue systems and procedures, the Secretary of
the Navy may conduct a program under which members of the
naval service of any of the member nations of the North
Atlantic Treaty Organization and Australia, Japan, the
Republic of Korea, and Sweden may be assigned to United
States commands to work on such systems and procedures.
``(b) Costs for Foreign Personnel.--(1) The United States
may not pay the following costs for a member of a foreign
naval service sent to the United States under the program
authorized by this section:
``(A) Salary.
``(B) Per diem.
``(C) Cost of living.
``(D) Travel costs.
``(E) Cost of language or other training.
``(F) Other costs.
``(2) Paragraph (1) does not apply to the following costs,
which may be paid by the United States:
``(A) The cost of temporary duty directed by the United
States Navy.
``(B) The cost of training programs conducted to
familiarize, orient, or certify members of foreign naval
services regarding unique aspects of their assignments.
``(C) Costs incident to the use of the facilities of the
United States Navy in the performance of assigned duties.
``(d) Applicability to Authority to Enter Into
Agreements.--The requirements of this section shall apply in
the exercise of any authority of the Secretary of the Navy to
enter into an agreement with the government of a foreign
country, subject to the concurrence of the Secretary of
State, to provide for the assignment of members of the naval
service of the foreign country to a United States Navy
submarine safety program.
``(e) Regulations.--The Secretary of the Navy may prescribe
regulations for the application of this section in the
exercise of authority referred to in subsection (d).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``7234. Submarine safety programs: participation of allied naval
personnel.''.
SEC. 1212. EXPANSION OF ENTITIES OF THE PEOPLE'S REPUBLIC OF
CHINA SUBJECT TO CERTAIN PRESIDENTIAL
AUTHORITIES WHEN OPERATING IN THE UNITED
STATES.
Section 1237(b)(4)(B)(i) of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (50 U.S.C.
1701 note) is amended by inserting after ``the People's
Liberation Army'' the following: ``, by a ministry of the
government of the People's Republic of China, or by an entity
affiliated with the defense industrial base of the People's
Republic of China''.
SEC. 1213. REPORT BY PRESIDENT ON GLOBAL PEACE OPERATIONS
INITIATIVE.
Not later than one year after the date of the enactment of
this Act, the President shall submit to the Congress a report
on the Global Peace Operations Initiative. The report shall
include the following elements:
(1) A summary of the goals of the Global Peace Operations
Initiative and the timetable for achieving those goals.
(2) An examination of the mechanisms by which the United
States will ensure that foreign countries acquiring new
capabilities as a result of that Initiative will use those
capabilities to the national security benefit of the United
States.
(3) An examination of the mechanisms by which the United
States will ensure that training and equipment provided under
that Initiative are used solely for the purposes of
peacekeeping and peace enforcement operations.
(4) An examination of the human rights practices of
potential recipients under that Initiative, to include a
discussion of each potential recipient's commitment to
representative government.
(5) As assessment of the financial resources required to
carry out that Initiative during fiscal years 2005 through
2009.
(6) An assessment of the effectiveness of the program of
the Department of State referred to as the African
Contingency Operations and Training Assistance program and
the capacity of that program to be expanded.
(7) A review that compares and contrasts the basic military
skills required of warfighters and the skills needed for
peacekeeping and peace enforcement operations.
(8) An assessment of the ability of military forces in the
developing world to absorb, retain, and use the advanced
skills and capabilities needed for effective peacekeeping and
peace enforcement operations.
(9) A proposal for providing sufficient resources to the
Department of State to conduct the Global Peace Operations
Initiative without significant financial contributions from
the Department of Defense.
(10) An explanation of the reasons of the Administration
for proposing to exempt the Global Peace Operations
Initiative from existing law related to the type of military
and police training the United States may provide to foreign
countries.
(11) An examination of the costs and benefits of
transferring responsibility for the training and equipping of
foreign military and security forces from the Department of
State to the Department of Defense, including an
identification of any increased resources that will be
provided to the Department of Defense should the Department
of Defense become responsible for that activity.
SEC. 1214. PROCUREMENT SANCTIONS AGAINST FOREIGN PERSONS THAT
TRANSFER CERTAIN DEFENSE ARTICLES AND SERVICES
TO THE PEOPLE'S REPUBLIC OF CHINA.
(a) Declaration of Policy.--Congress declares that it is
the policy of the United States to deny the People's Republic
of China such defense goods and defense technology that could
be used to threaten the United States or undermine the
security of Taiwan or the stability of the Western Pacific
region.
(b) Procurement Sanction.--(1) The Secretary of Defense may
not procure, by contract or otherwise, any goods or services
from--
(A) any foreign person the Secretary of Defense determines
has, with actual knowledge, on or after the date of the
enactment of this Act, exported, transferred, or otherwise
provided to governmental or nongovernmental entities of the
People's Republic of China any item or class of items on the
United States Munitions List (or any item or class of items
that are identical, substantially identical, or directly
competitive to an item or class of items on the United States
Munitions List); and
[[Page H3330]]
(B) any foreign person the Secretary of Defense
determines--
(i) is a successor entity to a person referred to in
paragraph (1);
(ii) is a parent or subsidiary of a person referred to in
paragraph (1); or
(iii) is an affiliate of a person referred to in paragraph
(1) if that affiliate is controlled in fact by such person.
(2) The prohibition under paragraph (1) with respect to a
foreign person shall last for a period of five years after a
determination is made by the Secretary of Defense with
respect to that person under paragraph (1)(A).
(c) Public Availability of List of Sanctioned Persons.--(1)
The Secretary of Defense shall annually publish in the
Federal Register a current list of any foreign persons
sanctioned under subsection (b). The removal of foreign
persons from, and the addition of foreign persons to, the
list shall also be so published.
(2) The Secretary shall maintain the list published under
paragraph (1) on the Internet website of the Department of
Defense.
(d) Removal From List of Sanctioned Persons.--The Secretary
of Defense may remove a person from the list of sanctioned
persons referred to in subsection (c) only after the five-
year prohibition period imposed under subsection (b) with
respect to the person has expired.
(e) Exceptions.--(1) Subsection (b) shall not apply--
(A) to contracts, or subcontracts under such contracts, in
existence on the date of the enactment of this Act, including
options under such contracts;
(B) if the Secretary of Defense determines in writing that
the person to which the sanctions would otherwise be applied
is a sole source supplier of the goods or services being
procured, that the goods or services are essential, and that
alternative sources are not readily or reasonably available;
(C) in the case of a contract for routine servicing and
maintenance, if the Secretary of Defense determines in
writing alternative sources for performing the contract are
not readily or reasonably available; or
(D) if the Secretary of Defense determines in writing that
goods or services proposed to be procured under the contract
are essential to the national security of the United States.
(2) Determinations under paragraph (1) shall be published
in the Federal Register.
(f) Definitions.--In this section:
(1) The term ``foreign person'' has the meaning given the
term in section 14 of the Iran and Libya Sanctions Act of
1996 (50 U.S.C. 1701).
(2) The term ``United States Munitions List'' means the
list referred to in section 38(a)(1) of the Arms Export
Control Act (22 U.S.C. 2778(a)(1)).
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS AND FUNDS.
(a) Specification of CTR Programs.--For purposes of section
301 and other provisions of this Act, Cooperative Threat
Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
(b) Fiscal Year 2005 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2005
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations
in section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the amount
authorized to be appropriated to the Department of Defense
for fiscal year 2005 in section 301(19) for Cooperative
Threat Reduction programs, the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$58,522,000.
(2) For nuclear weapons transportation security in Russia,
$26,284,000.
(3) For nuclear weapons storage security in Russia,
$48,720,000.
(4) For activities designated as Other Assessments/
Administrative Support, $14,267,000.
(5) For defense and military contacts, $8,000,000.
(6) For chemical weapons destruction in Russia,
$158,400,000.
(7) For biological weapons proliferation prevention in the
former Soviet Union, $55,013,000.
(8) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$40,030,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2005 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (8) of subsection
(a) until 30 days after the date that the Secretary of
Defense submits to Congress a report on the purpose for which
the funds will be obligated or expended and the amount of
funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2005 Cooperative Threat Reduction
funds for a purpose for which the obligation or expenditure
of such funds is specifically prohibited under this title or
any other provision of law.
(c) Limited Authority To Vary Individual Amounts.--(1)
Subject to paragraphs (2) and (3), in any case in which the
Secretary of Defense determines that it is necessary to do so
in the national interest, the Secretary may obligate amounts
appropriated for fiscal year 2005 for a purpose listed in any
of the paragraphs in subsection (a) in excess of the specific
amount authorized for that purpose.
(2) An obligation of funds for a purpose stated in any of
the paragraphs in subsection (a) in excess of the specific
amount authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for a purpose stated in any
of paragraphs (5) through (8) of subsection (a) in excess of
125 percent of the specific amount authorized for such
purpose.
SEC. 1303. TEMPORARY AUTHORITY TO WAIVE LIMITATION ON FUNDING
FOR CHEMICAL WEAPONS DESTRUCTION FACILITY IN
RUSSIA.
(a) Temporary Authority.--Section 1305 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65; 22 U.S.C. 5952 note) shall not apply if the President
submits to Congress a written certification that includes--
(1) a statement as to why a waiver of the conditions
described in such section 1305 is important to the national
security interests of the United States;
(2) a full and complete justification for the waiver of the
conditions; and
(3) a plan to promote a full and accurate disclosure by
Russia regarding the size, content, status, and location of
its chemical weapons stockpile.
(b) Expiration.--The authority in subsection (a) shall
expire on September 30, 2005.
TITLE XIV--EXPORT CONTROLS AND COUNTERPROLIFERATION MATTERS
Subtitle A--Export Control Matters
SEC. 1401. DEFINITIONS UNDER ARMS EXPORT CONTROL ACT.
Section 47 of the Arms Export Control Act (22 U.S.C. 2794)
is amended--
(1) in paragraph (10)--
(A) by moving the margin two ems to the left; and
(B) by striking ``and'' at the end;
(2) in paragraph (11)--
(A) by moving the margin two ems to the left; and
(B) by striking the period at the end and inserting a
semicolon; and
(3) by adding at the end the following:
``(12) `license' means a document bearing the word license
issued by the United States Government agency charged with
implementing section 38 of this Act, which permits the export
or import of a defense article or defense service;
``(13) `agent' means a representative or emissary of a
government other than an officer or employee of the
government; and
``(14) `exporting agent' means a freight forwarder or other
consignee designated on a license application who is
authorized to act on behalf of and the control of the license
applicant.''.
SEC. 1402. EXEMPTION FROM LICENSING REQUIREMENTS FOR EXPORT
OF SIGNIFICANT MILITARY EQUIPMENT.
Section 38(b)(2) of the Arms Export Control Act (22 U.S.C.
2778(b)(2)) is amended--
(1) by striking ``(2) Except'' and inserting ``(2)(A)
Except'';
(2) by striking ``(A) for official'' and inserting ``(i)
for official'' and further by striking ``(B) for carrying
out'' and inserting ``(ii) for carrying out''; and
(3) by adding at the end the following:
``(B) The President may not establish an exemption in
regulation or otherwise from the license requirements of this
section for the export of a defense article that is
significant military equipment (other than a firearm that is
intended for personal use).''.
SEC. 1403. COOPERATIVE PROJECTS WITH FRIENDLY FOREIGN
COUNTRIES.
Section 27 of the Arms Export Control Act (22 U.S.C. 2767)
is amended--
(1) in subsection (g) to read as follows:
``(g) Unless the President states in his certification that
an emergency exists which requires the immediate approval of
the cooperative agreement in the national security interests
of the United States (in which case the President shall set
forth in the certification a justification for this
determination), an agreement shall not be signed if, within
the 30-day period specified in subsection (f), a joint
resolution prohibiting the agreement is enacted into law.'';
and
(2) by adding at the end the following:
``(k) A license shall be required for the export of defense
articles or defense services relating to a cooperative
project by any person required to be registered under section
38(b)(1)(A)(i) whenever such export is made pursuant to, or
in furtherance of, a private contract, purchase order, or
similar commercial arrangement with a foreign corporation.''.
SEC. 1404. LICENSING REQUIREMENT FOR EXPORT OF MILITARILY
CRITICAL TECHNOLOGIES.
(a) Licensing Requirement.--The President shall require a
license under the Export Administration Regulations of the
Department of Commerce (15 C.F.R. part 730 et seq.) or the
International Traffic in Arms Regulations (22 C.F.R. part 120
et seq.), as the case may be, for the export of goods or
technologies included on the Militarily Critical Technologies
List.
(b) Definition.--In this section, the term ``Militarily
Critical Technologies List'' means the list required to be
developed by the Secretary of Defense pursuant to section
5(d)(2) of the Export Administration Act of 1979 (50 U.S.C.
App.
[[Page H3331]]
2404(d)(2)), as such list was effect on January 20, 2004, and
includes any goods or technologies that have been added to
the list after that date.
SEC. 1405. CONTROL OF EXPORTS OF UNITED STATES WEAPONS
TECHNOLOGY TO THE PEOPLE'S REPUBLIC OF CHINA.
A dual use good or technology subject to the jurisdiction
of the Export Administration Regulations of the Department of
Commerce (15 C.F.R. part 730 et seq.) and a defense article
or defense service subject to the jurisdiction of the
International Traffic in Arms Regulations (22 C.F.R. part 120
et seq.) may be exported to a foreign person or a foreign
country that has previously exported any such item to the
military, intelligence, police, or internal security services
of the Government of the People's Republic of China that
would be prohibited for export to China if subject to United
States export control laws only if--
(1) a license for such export is approved under the Export
Administration Regulations or the International Traffic in
Arms Regulations and the Secretary of Defense concurs in the
approval of such license; and
(2) the foreign person or foreign country agrees in writing
not to transfer title to or possession of, or otherwise
provide access to, the licensed items, unless the President
provides written consent thereto.
SEC. 1406. STRENGTHENING INTERNATIONAL EXPORT CONTROLS.
(a) Finding.--The Congress recognizes that the
international export control system, as currently
constituted, is insufficient to achieve the national security
interests of the United States.
(b) National Export Control Policy.--It is the policy of
the United States to seek continued negotiations of a
strengthened international export control system for the
control of arms and militarily-sensitive goods and technology
to countries of concern.
(c) Presidential Reporting Requirement.--(1) Not later than
180 days after the date of the enactment of this Act, and
every six months thereafter, the President shall submit to
the committees referred to in subsection (d) a report setting
forth the President's plan for effecting a strengthened
international export control system capable of achieving the
national security interests of the United States.
(2) The report shall include--
(A) an evaluation of the effectiveness of the current
international export control system;
(B) a plan for negotiating and implementing a strengthened
international export control system capable of achieving the
national security interests of the United States; and
(C) challenges to and progress in negotiating and
implementing that plan.
(d) Committees; Classification of Report.--(1) The report
required by subsection (c) shall be submitted to--
(A) the Committee on Armed Services, the Committee on
International Relations, and the Permanent Select Committee
on Intelligence of the House of Representatives; and
(B) the Committee on Armed Services, the Committee on
Banking, Housing and Urban Affairs, and the Select Committee
on Intelligence of the Senate.
(2) The report shall be submitted in unclassified form and,
as necessary, in classified form.
Subtitle B--Counterproliferation Matters
SEC. 1411. DEFENSE INTERNATIONAL COUNTERPROLIFERATION
PROGRAMS.
(a) International Security Program to Prevent Unauthorized
Transfer and Transportation of WMDs.--Subsection (b) of
section 1424 of the Defense Against Weapons of Mass
Destruction Act of 1996 (50 U.S.C. 2333) is amended to read
as follows:
``(b) Other Countries.--The Secretary of Defense may carry
out programs under subsection (a) in a country other than a
country specified in that subsection if the Secretary
determines that there exists in that country a significant
threat of the unauthorized transfer and transportation of
nuclear, biological, or chemical weapons or related
materials.''.
(b) International Training Program to Deter WMD
Proliferation.--Section 1504(e)(3)(A) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337;
108 Stat. 2918) is amended--
(1) by striking ``The training program referred to in
paragraph (1)(B) is a'' and inserting `The Secretary of
Defense may participate in a'';
(2) by inserting ``of'' after ``acquisition'';
(3) by striking ``and'' after ``countries''; and
(4) by inserting before the period at the end the
following: ``, and in other countries in which, as determined
by the Secretary of Defense, there exists a significant
threat of such proliferation and acquisition''.
SEC. 1412. DEFENSE COUNTERPROLIFERATION FELLOWSHIP PROGRAM.
(a) Program Authorized.--Chapter 101 of title 10, United
States Code, is amended by adding at the end the following
new section:
``Sec. 2015. Defense counterproliferation fellowship program
``(a) Program Authority.--The Secretary of Defense may
carry out a program under which foreign military defense
personnel are selected to attend Department of Defense
courses and programs in counterproliferation and
nonproliferation matters in order to improve the ability of
the foreign military defense personnel to contribute to
halting the illicit acquisition or transportation of weapons
of mass destruction or of materials that support the
development or use of such weapons.
``(b) Authority to Pay for Costs of Participants.--The
Secretary of Defense may pay for all costs (including
transportation, travel, and subsistence costs) associated
with the attendance by a participant at courses and programs
in the program under this section.
``(c) Participants.--(1) The following persons may be
selected for participation in the program under this section:
``(A) Foreign military officers.
``(B) Foreign ministry of defense officials.
``(2) Participants in the program shall be selected by the
Secretary of Defense based upon recommendations made by the
commanders of the regional unified combatant commands.
``(d) Authorized Program Activities.--Participants in the
program may be selected for attendance at, and may be
authorize to attend, any of the following:
``(1) Department of Defense professional military
educational institutions.
``(2) Regional centers for security studies of the
Department of Defense.
``(e) Regulations.--The Secretary of Defense shall
prescribe regulations for the administration of the program
under this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2015. Defense counterproliferation fellowship program.''.
Subtitle C--Initiatives Relating to Countries of Former Soviet Union
SEC. 1421. SILK ROAD INITIATIVE.
(a) Findings.--Congress makes the following findings:
(1) A number of independent states of the former Soviet
Union have been helpful to the United States in the war on
terrorism.
(2) Such states are new and struggling democracies and
would benefit considerably from assistance to create
sustainable jobs for their underemployed or unemployed
scientists, engineers, and technicians who were formerly
engaged in activities to develop and produce weapons of mass
destruction for the Russian Federation or other such state.
(b) Policies.--(1) It is the policy of the United States to
seek to establish and promote programs to prevent the
proliferation, from scientists, engineers, and technicians of
the Russian Federation and other independent states of the
former Soviet Union to countries of proliferation concern, of
expertise to develop and produce weapons of mass destruction.
(2) It is also the policy of the United States to seek to
assist independent states of the former Soviet Union that
have been helpful to the United States in the war on
terrorism so as to promote the creation of jobs that foster
economic stability and democracy.
(c) Program Authorized.--(1) The Secretary of Energy may
carry out a program, to be known as the Silk Road Initiative,
to promote non-weapons-related employment opportunities in
the United States and in Silk Road nations for scientists,
engineers, and technicians formerly engaged in activities to
develop and produce weapons of mass destruction in Silk Road
nations. The program should--
(A) incorporate best practices under the former Initiatives
for Proliferation Prevention program; and
(B) facilitate commercial partnerships between private
entities in the United States and scientists, engineers, and
technicians in the Silk Road nations.
(2) Before implementing the program with respect to
multiple Silk Road nations, the Secretary of Energy shall
carry out a pilot program with respect to one Silk Road
nation selected by the Secretary. It is the sense of Congress
that the Secretary should select the Republic of Georgia.
(d) Silk Road Nations Defined.--In this section, the Silk
Road nations are Armenia, Azerbaijan, the Republic of
Georgia, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan,
and Uzbekistan.
(e) Funding.--Of the funds authorized to be appropriated to
the Department of Energy for nonproliferation and
international security for fiscal year 2005, $10,000,000 may
be used to carry out this section.
SEC. 1422. TELLER-KURCHATOV NONPROLIFERATION FELLOWSHIPS.
(a) In General.--(1) From amounts made available to carry
out this section, the Administrator for Nuclear Security may
carry out a program under which the Administrator awards, to
scientists employed at the Kurchatov Institute of the Russian
Federation and scientists employed at Lawrence Livermore
National Laboratory, international exchange fellowships, to
be known as Teller-Kurchatov Nonproliferation Fellowships, in
the nuclear nonproliferation sciences.
(2) The purpose of the program shall be to provide
opportunities for advancement in the field of nuclear
nonproliferation to scientists who, as demonstrated by their
academic or professional achievements, show particular
promise of making significant contributions in that field.
(3) A fellowship awarded to a scientist under the program
shall be for study and training at (and, where appropriate,
at an institution of higher education in the vicinity of)--
(A) the Kurchatov Institute, in the case of a scientist
employed at Lawrence Livermore National Laboratory; and
(B) Lawrence Livermore National Laboratory, in the case of
a scientist employed at the Kurchatov Institute.
(4) The duration of a fellowship under the program may not
exceed two years, except that the Administrator may provide
for a longer duration in an individual case to the extent
warranted by extraordinary circumstances, as determined by
the Administrator.
(5) In a calendar year, the Administrator may not award
more than--
(A) one fellowship to a scientist employed at the Kurchatov
Institute; and
(B) one fellowship to a scientist employed at Lawrence
Livermore National Laboratory.
(6) A fellowship under the program shall include--
[[Page H3332]]
(A) travel expenses;
(B) any tuition and fees at an institution of higher
education for study or training under the fellowship; and
(C) any other expenses that the Administrator considers
appropriate, such as room and board.
(b) Definitions.--In this section:
(1) The term ``institution of higher education'' means a
college, university, or other educational institution that is
empowered by an appropriate authority, as determined by the
Administrator, to award degrees higher than the baccalaureate
level.
(2) The term ``nuclear nonproliferation sciences'' means
bodies of scientific knowledge relevant to developing or
advancing the means to prevent or impede the proliferation of
nuclear weaponry.
(3) The term ``scientist'' means an individual who has a
degree from an institution of higher education in a science
that has practical application in the field of nuclear
nonproliferation.
(c) Funding.--Of the funds authorized to be appropriated to
the Department of Energy for nonproliferation and
international security for fiscal year 2005, $10,000,000 may
be used to carry out this section.
SEC. 1423. COLLABORATION TO REDUCE THE RISKS OF A LAUNCH OF
RUSSIAN NUCLEAR WEAPONS.
(a) Findings.--Congress finds that, despite the ending of
the Cold War more than a decade ago, the nuclear postures and
strategic command and control systems of the Russian
Federation pose risks that a nuclear ballistic missile could
be launched as the result of an accident, misinformation,
miscalculation, or unauthorized use. Such risks are posed as
a result of factors including the following:
(1) The high state of readiness of the Russian Federation's
nuclear forces.
(2) The remote locations of much of the Russian
Federation's nuclear forces.
(3) The inadequacy of the Russian Federation's early-
warning information.
(4) The very short time that would be available to the
President of the Russian Federation if the President were
informed that a nuclear ballistic missile attack was or might
be underway.
(5) The possibility that the Russian Federation, because of
concerns that much of its nuclear forces would not survive a
nuclear attack, may have a nuclear deterrence posture reliant
upon launching a retaliatory nuclear strike when it believes
a nuclear ballistic missile attack against it is or might be
underway.
(6) Deficiencies in the security and control of the nuclear
forces of the Russian Federation that could result in
unauthorized personnel gaining control of a nuclear-armed
missile or warhead.
(7) The susceptibility of nuclear strategic command and
control systems and early-warning systems to an intrusion or
accident that could create the false appearance that a
nuclear ballistic missile attack is or might be underway.
(b) Report.--(1) Not later than November 1, 2005, the
Secretary of Defense shall submit to Congress a report on the
collaborative measures that the United States and the Russian
Federation could take to reduce the risks that a nuclear
ballistic missile could be launched as the result of an
accident, misinformation, miscalculation, or unauthorized
use. For each such measure, the report shall provide--
(A) specific comments on the advisability of the measure in
terms of the potential contribution of the measure to the
national security interests of the United States, including
the potential contribution of the measure in improving
relations between the United States and the Russian
Federation; and
(B) a description of the obstacles and opportunities
associated with pursuing the measure.
(2) In addition to any other measure that the Secretary
considers appropriate, the report required by paragraph (1)
shall cover the following measures:
(A) The future of the Joint Data Exchange Center.
(B) Potential topics for discussion between high-level
military leaders of the United States and of the Russian
Federation on reducing the risk that a nuclear ballistic
missile could be launched as the result of an accident,
misinformation, miscalculation, or unauthorized use.
TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI
FREEDOM AND OPERATION ENDURING FREEDOM
SEC. 1501. PURPOSE.
The purpose of this title is to authorize appropriations
for the Department of Defense for fiscal year 2005, in
addition to amounts otherwise authorized by this Act, to
provide funds for additional costs due to Operation Iraqi
Freedom and Operation Enduring Freedom.
Subtitle A--Authorization of Appropriations
SEC. 1511. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2005 for procurement accounts of the Army in amounts as
follows:
(1) For aircraft, $498,300,000.
(2) For missiles, $42,800,000.
(3) For weapons and tracked combat vehicles, $201,900,000.
(4) For ammunition, $78,750,000.
(5) For other procurement, $1,567,410,000.
(6) For National Guard and Reserve equipment, $50,000,000.
SEC. 1512. NAVY AND MARINE CORPS PROCUREMENT.
(a) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2005 for the procurement account
for the Marine Corps in the amount of $98,190,000.
(b) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for fiscal year 2005 for the
procurement account for ammunition for the Navy and the
Marine Corps in the amount of $38,402,000.
SEC. 1513. AIR FORCE PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2005 for the procurement account for aircraft for the
Air Force in amount of $99,000,000.
SEC. 1514. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2005 for the procurement account for Defense-wide
procurement in the amount of $720,000,000.
SEC. 1515. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal
year 2005 for the use of the Armed Forces for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1) For the Army, $9,607,113,000.
(2) For the Navy, $256,500,000.
(3) For the Marine Corps, $2,398,735,000.
(4) For the Air Force, $1,635,000,000.
(5) For Defense-wide, $2,327,900,000.
SEC. 1516. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2005 for expenses, not
otherwise provided for, for the Defense Health Program, in
the amount of $75,000,000, for Operation and Maintenance.
SEC. 1517. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel accounts for
fiscal year 2005 a total of $5,305,000,000.
SEC. 1518. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are
in addition to amounts otherwise authorized to be
appropriated by this Act.
SEC. 1519. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon
determination by the Secretary of Defense that such action is
necessary in the national interest, the Secretary may
transfer amounts of authorizations made available to the
Department of Defense in this title for fiscal year 2005
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) The total amount of authorizations that the Secretary
may transfer under the authority of this section may not
exceed $2,500,000,000. The transfer authority provided in
this section is in addition to any other transfer authority
available to the Secretary of Defense.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred;
(2) may not be used to provide authority for an item that
has been denied authorization by Congress; and
(3) may not be combined with the authority under section
1001.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1520. DESIGNATION OF EMERGENCY AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are
designated for emergency contingency operations related to
the global war on terrorism.
Subtitle B--Personnel Provisions
SEC. 1531. THREE-YEAR INCREASE IN ACTIVE ARMY STRENGTH
LEVELS.
(a) Authorized End Strengths.--(1) The end strength level
authorized for the Army for fiscal year 2005 under section
401 is hereby increased by 10,000.
(2) For fiscal years 2006 and 2007, the Army is authorized
strengths for active duty personnel as follows:
(A) As of September 30, 2006, 502,400.
(B) As of September 30, 2007, 512,400.
(b) Statutory Minimum Active Strength Level.--The minimum
strength for the Army under section 691(b) of title 10,
United States Code (notwithstanding the number specified in
paragraph (1) of that section)--
(1) for the period beginning on October 1, 2004, and ending
on September 30, 2005, shall be the number specified in
section 401(1) of this Act, increased by 10,000;
(2) for the period beginning on October 1, 2005, and ending
on September 30, 2006, shall be 502,400; and
(3) for the period beginning on October 1, 2006, and ending
on September 30, 2007, shall be 512,400.
(c) Notice to Congress.--If the Secretary of Defense, in
consultation with the Secretary of the Army, determines that
adjustments are necessary to the minimum end-strength level
for the Army in effect at any time pursuant to subsection
(b), the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of Representatives
a report providing the Secretary's recommendations and
rationale for such an adjustment. Such a report must be
submitted before the submission of the budget request for the
fiscal year for which the change would be effective.
SEC. 1532. THREE-YEAR INCREASE IN ACTIVE MARINE CORPS
STRENGTH LEVELS.
(a) Authorized End Strengths.--(1) The end strength level
authorized for the Marine Corps for fiscal year 2005 under
section 401 is hereby increased by 3,000.
[[Page H3333]]
(2) For fiscal years 2006 and 2007, the Marine Corps is
authorized strengths for active duty personnel as follows:
(A) As of September 30, 2006, 181,000.
(B) As of September 30, 2007, 184,000.
(b) Statutory Minimum Active Strength Level.--The minimum
strength for the Marine Corps under section 691(b) of title
10, United States Code (notwithstanding the number specified
in paragraph (3) of that section)--
(1) for the period beginning on October 1, 2004, and ending
on September 30, 2005, shall be the number specified in
section 401(3) of this Act, increased by 3,000;
(2) for the period beginning on October 1, 2005, and ending
on September 30, 2006, shall be 181,000; and
(3) for the period beginning on October 1, 2006, and ending
on September 30, 2007, shall be 184,000.
(c) Notice to Congress.--If the Secretary of Defense, in
consultation with the Secretary of the Navy, determines that
adjustments are necessary to the minimum end-strength level
for the Marine Corps in effect at any time pursuant to
subsection (b), the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report providing the Secretary's
recommendations and rationale for such an adjustment. Such a
report must be submitted before the submission of the budget
request for the fiscal year for which the change would be
effective.
SEC. 1533. EXTENSION OF INCREASED RATES FOR IMMINENT DANGER
PAY AND FAMILY SEPARATION ALLOWANCE.
(a) Imminent Danger Pay.--(1) Subsection (e) of section 310
of title 37, United States Code, is amended by striking
``December 31, 2004'' and inserting ``December 31, 2005''.
(2) Effective January 1, 2006, such section is further
amended--
(A) in subsection (a), by striking ``$150'' and inserting
``$225''; and
(B) by striking subsection (e).
(b) Family Separation Allowance.--(1) Subsection (e) of
section 427 of such title is amended by striking ``December
31, 2004'' and inserting ``December 31, 2005''.
(2) Effective January 1, 2006, such section is further
amended--
(A) in subsection (a)(1), by striking ``$100'' and
inserting ``$250''; and
(B) by striking subsection (e).
Subtitle C--Financial Management Matters
SEC. 1541. REVISED FUNDING METHODOLOGY FOR MILITARY RETIREE
HEALTH CARE BENEFITS.
(a) Revision.--Section 1116 of title 10, United States
Code, is amended to read as follows:
``Sec. 1116. Payments into the Fund
``(a) At the beginning of each fiscal year after September
30, 2005, the Secretary of the Treasury shall promptly pay
into the Fund from the General Fund of the Treasury--
``(1) the amount certified to the Secretary by the
Secretary of Defense under subsection (c), which shall be the
contribution to the Fund for that fiscal year required by
section 1115; and
``(2) the amount determined by each administering Secretary
under section 1111(c) as the contribution to the Fund on
behalf of the members of the uniformed services under the
jurisdiction of that Secretary.
``(b) At the beginning of each fiscal year, the Secretary
of Defense shall determine the sum of the following:
``(1) The amount of the payment for that year under the
amortization schedule determined by the Board of Actuaries
under section 1115(a) of this title for the amortization of
the original unfunded liability of the Fund.
``(2) The amount (including any negative amount) of the
Department of Defense contribution for that year as
determined by the Secretary of Defense under section 1115(b)
of this title.
``(3) The amount (including any negative amount) for that
year under the most recent amortization schedule determined
by the Secretary of Defense under section 1115(c)(2) of this
title for the amortization of any cumulative unfunded
liability (or any gain) to the Fund resulting from changes in
benefits.
`(4) The amount (including any negative amount) for that
year under the most recent amortization schedule determined
by the Secretary of Defense under section 1115(c)(3) of this
title for the amortization of any cumulative actuarial gain
or loss to the Fund resulting from actuarial assumption
changes.
``(5) The amount (including any negative amount) for that
year under the most recent amortization schedule determined
by the Secretary of Defense under section 1115(c)(4) of this
title for the amortization of any cumulative actuarial gain
or loss to the Fund resulting from actuarial experience.
``(c) The Secretary of Defense shall promptly certify the
amount determined under subsection (b) each year to the
Secretary of the Treasury.''.
(b) Conforming Amendments.--(1) Section 1111(c) of title
10, United States Code, is amended in the last sentence by
striking ``1116'' and all that follows through the end of the
sentence and inserting ``1115(b) of this title, and such
contributions shall be paid into the Fund as provided in
section 1116(a).''.
(2) Section 1115(a) of such title is amended by striking
``1116(c)'' and inserting ``1116''.
(3) Section 1115(b) of such title is amended--
(A) by striking ``(1) The Secretary of Defense'' and all
that follows through ``of this title.'' and inserting ``The
Secretary of Defense shall determine, before the beginning of
each fiscal year after September 30, 2005, the total amount
of the Department of Defense contribution to be made to the
Fund for that fiscal year for purposes of section
1116(b)(2).'';
(B) by striking paragraph (2);
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(D) in each of paragraphs (1) and (2), as so redesignated,
by redesignating clauses (i) and (ii) as subparagraphs (A)
and (B), respectively; and
(E) in paragraph (2)(B), as so redesignated, by striking
``subparagraph (A)(ii)'' and inserting ``paragraph (1)(B)''.
(4) Section 1115(c)(1) of such title is amended by striking
``and section 1116(a) of this title''.
(5) Section 1115(c)(5) of such title is amended by striking
``1116(c)'' and inserting ``1116''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2005.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SECTION 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2005''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Alabama..................... Anniston Army Depot..... $23,690,000
Alaska...................... Fort Richardson......... $24,300,000
Fort Wainwright......... $92,459,000
California.................. Fort Irwin.............. $38,100,000
Colorado.................... Fort Carson............. $59,508,000
Georgia..................... Fort Benning............ $73,627,000
Fort Gillem............. $5,800,000
Fort McPherson.......... $4,900,000
Fort Stewart/Hunter Army $65,495,000
Air Field..............
Hawaii...................... Helemano Military $75,300,000
Reservation.
Hickam Air Force........ $11,200,000
Schofield Barracks...... $241,792,000
Kansas...................... Fort Riley.............. $44,050,000
Kentucky.................... Fort Campbell........... $89,600,000
Fort Knox............... $73,850,000
Louisiana................... Fort Polk............... $70,953,000
Maryland.................... Fort Detrick............ $4,000,000
Missouri.................... Fort Leonard Wood....... $21,450,000
New Jersey.................. Picatinny Arsenal....... $9,900,000
New Mexico.................. White Sands Missile $33,000,000
Range.
New York.................... Fort Drum............... $13,650,000
Fort Hamilton........... $7,600,000
Hancock Field........... $6,000,000
Military Entrance $6,200,000
Processing Station,
Buffalo................
United States Military $60,000,000
Academy, West Point....
North Carolina.............. Fort Bragg.............. $111,687,000
Oklahoma.................... Fort Sill............... $17,800,000
Texas....................... Camp Bullis............. $5,300,000
Fort Bliss.............. $19,400,000
Fort Hood............... $88,888,000
Virginia.................... Fort A.P. Hill.......... $3,975,000
Fort Lee................ $4,250,000
Fort Myer............... $49,526,000
Washington.................. Fort Lewis.............. $48,000,000
-----------------
Total................. $1,505,250,000
------------------------------------------------------------------------
[[Page H3334]]
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Germany...................... Grafenwoehr.............. $77,200,000
Italy........................ Livorno.................. $26,000,000
Korea........................ Camp Humphreys........... $12,000,000
---------------
Total.................. $115,200,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2104(a)(5)(A), the Secretary of the Army may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations
or locations, for the purposes and in the amounts, set forth
in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Fort Richardson........... 92 Units.................. $42,000,000
Fort Wainwright........... 246 Units................. $124,000,000
Arizona................................. Fort Huachuca............. 205 Units................. $41,000,000
Yuma Proving Ground....... 55 Units.................. $14,900,000
Kansas.................................. Fort Riley................ 126 Units................. $33,000,000
New Mexico.............................. White Sands Missile Range. 156 Units................. $31,000,000
Oklahoma................................ Fort Sill................. 247 Units................. $47,000,000
Virginia................................ Fort Lee.................. 218 Units................. $46,000,000
Fort Monroe............... 68 Units.................. $16,000,000
---------------
Total................... .......................... $394,900,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $29,209,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2104(a)(5)(A), the Secretary of
the Army may improve existing military family housing units
in an amount not to exceed $211,990,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2004, for military construction, land
acquisition and military family housing functions of the
Department of the Army in the total amount of $3,428,815,000
as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $1,335,750,000.
(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, $161,209,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$636,099,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $926,507,000.
(6) For the construction of phase 2 of a barracks complex,
5th & 16th Street, at Fort Stewart/Hunter Army Air Field,
Georgia, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2004 (division
B of Public Law 108-136; 117 Stat. 1697), $32,950,000.
(7) For the construction of phase 3 of a barracks complex
renewal, Capron Road, at Schofield Barracks, Hawaii,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2002 (division B of Public
Law 107-107; 115 Stat. 1283) and as amended by section 2105
of the Military Authorization Act for Fiscal Year 2004
(division B of Public Law 108-136; 117 Stat. 1697),
$48,000,000.
(8) For the construction of phase 2 of the Lewis & Clark
instructional facility at Fort Leavenworth, Kansas,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2681), $44,000,000.
(9) For the construction of phase 2 of a barracks complex
at Wheeler Sack Army Air Field at Fort Drum, New York,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public
Law 108-136; 117 Stat. 1697), $48,000,000.
(10) For the construction of phase 2 of a barracks complex,
Bastogne Drive, Fort Bragg, North Carolina, authorized by
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2004 (division B of Public Law 108-136;
117 Stat. 1697), $48,000,000.
(11) For the construction of phase 3 of a maintenance
complex at Fort Sill, Oklahoma, authorized by section 2101(a)
of the Military Construction Authorization Act for Fiscal
Year 2003 (division B of Public Law 107-314; 116 Stat. 2681),
$13,100,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed the
sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $41,000,000 (the balance of the amount authorized under
section 2101(a) to upgrade Drum Road, Helemano Military
Reservation, Hawaii).
(3) $25,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a vehicle maintenance
facility, Schofield Barracks, Hawaii).
(3) $25,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex, Fort
Campbell, Kentucky).
(4) $22,000,000 (the balance of the amount authorized under
section 2101(a) for construction of trainee barracks, Basic
Training Complex 1, Fort Knox, Kentucky).
(5) $25,500,000 (the balance of the amount authorized under
section 2101(a) for construction of a library and learning
facility, United States Military Academy, West Point, New
York).
(6) $31,000,000 (the balance of the amount authorized under
section 2101(a) for a barracks complex renewal project, Fort
Bragg, North Carolina).
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2004 PROJECTS.
(a) Modification of Inside the United States Projects.--The
table in section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public
Law 108-136; 117 Stat. 1697) is amended--
(1) in the item relating to Fort Stewart/Hunter Army Air
Field, Georgia, by striking ``$113,500,000'' in the amount
column and inserting ``$114,450,000'';
(2) in the item relating to Fort Drum, New York, by
striking ``$130,700,000'' in the amount column and inserting
``$135,700,000''; and
(3) by striking the amount identified as the total in the
amount column and inserting ``$1,043,150,000''.
(b) Conforming Amendments.--Section 2104(b) of that Act
(117 Stat. 1700) is amended--
(1) in paragraph (2), by striking ``$32,000,000'' and
inserting ``$32,950,000''; and
(2) in paragraph (4), by striking ``$43,000,000'' and
inserting ``$48,000,000''.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2003 PROJECT.
(a) Modification of Inside the United States Project.--The
table in section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2681), as amended by section 2105(a)
of the Military Construction Authorization Act for Fiscal
Year 2004 (division B of Public Law 108-136; 117 Stat. 1700),
is further amended--
[[Page H3335]]
(1) in the item relating to Fort Sill, Oklahoma, by
striking ``$39,652,000'' in the amount column and inserting
``$40,752,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,157,267,000''.
(b) Conforming Amendment.--Section 2104(b)(6) of the
Military Construction Authorization Act for Fiscal Year 2003
(division B of Public Law 107-314; 116 Stat. 2684) is amended
by striking ``$25,000,000'' and inserting ``$26,100,000''.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Arizona...................... Marine Corps Air Station, $26,670,000
Yuma.
California................... Marine Corps Air-Ground $15,700,000
Task Force Training
Center, Twentynine Palms
Marine Corps Air Station, $11,540,000
Camp Pendleton..........
Marine Corps Base, Camp $26,915,000
Pendleton...............
Marine Corps Logistics $4,930,000
Base, Barstow...........
Naval Air Facility, El $54,331,000
Centro..................
Naval Air Station, North $10,180,000
Island..................
Naval Surface Warfare $9,850,000
Center, Division Corona.
Connecticut.................. Naval Submarine Base, New $50,302,000
London..................
District of Columbia......... Naval Observatory, $3,239,000
Washington..............
Florida...................... Eglin Air Force Base..... $2,060,000
Naval Station, Mayport... $6,200,000
Georgia...................... Strategic Weapons $16,000,000
Facility Atlantic, Kings
Bay.....................
Hawaii....................... Naval Shipyard, Pearl $5,100,000
Harbor..................
Illinois..................... Naval Training Center, $74,781,000
Great Lakes.............
Indiana...................... Naval Surface Warfare $10,580,000
Center, Crane...........
Louisiana.................... Joint Reserve Base/Naval $6,030,000
Air Station, New Orleans
Maryland..................... Naval Surface Warfare $23,000,000
Center, Indian Head.....
North Carolina............... Marine Corps Air Station, $35,140,000
New River...............
Marine Corps Base, Camp $11,030,000
Lejeune.................
Nevada....................... Naval Air Station, Fallon $4,980,000
South Carolina............... Marine Corps Air Station, $5,480,000
Beaufort................
Virginia..................... Camp Elmore Marine Corps $13,500,000
Detachment..............
Marine Corps Air $21,180,000
Facility, Quantico......
Marine Corps Combat $24,140,000
Development Command,
Quantico................
Naval Air Station, Oceana $2,770,000
Naval Amphibious Base, $9,550,000
Little Creek............
Naval Station, Norfolk... $4,330,000
Naval Weapons Station, $9,870,000
Yorktown................
Washington................... Naval Air Station, $1,990,000
Whidbey Island..........
Naval Shipyard, Puget $23,455,000
Sound...................
Naval Station, Bremerton. $74,125,000
Strategic Weapons $131,090,000
Facility Pacific, Bangor
---------------
Total.................. $730,038,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Bahamas...................... Naval Undersea Warfare $20,750,000
Center, Andros Islands..
Diego Garcia................. Naval Support Facility, $17,500,000
Diego Garcia............
Guam......................... Naval Public Works $20,700,000
Center, Guam............
Naval Station, Guam...... $12,500,000
Italy........................ Sigonella................ $22,550,000
Spain........................ Naval Station, Rota...... $32,700,000
---------------
Total.................. $126,700,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(3), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations and in the amount, set forth in
the following table:
Navy: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Unspecified Worldwide.... $148,640,000
---------------
Total.................. $148,640,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a)(6)(A), the Secretary of the
Navy may construct or acquire family housing units (including
land acquisition and supporting facilities) at the
installations or locations, for the purposes and in the
amounts, set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location Purpose Amount
----------------------------------------------------------------------------------------------------------------
North Carolina.......................... Marine Corps Air Station, 198 Units................. $27,002,000
Cherry Point.............
---------------
Total................... .......................... $27,002,000
----------------------------------------------------------------------------------------------------------------
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2204(a)(6)(A), the Secretary of
the Navy may improve existing military family housing units
in an amount not to exceed $112,105,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2004, for military construction, land
acquisition, and military family housing functions of the
Department of the Navy in the total amount of $1,913,273,000,
as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $631,908,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $126,700,000.
[[Page H3336]]
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2201(c),
$98,560,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$12,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $93,804,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$139,107,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $696,304,000.
(7) For the construction of increment 2 of the tertiary
sewage treatment plant at Marine Corps Base, Camp Pendleton,
California, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2004 (division
B of Public Law 108-136; 117 Stat. 1703), $25,690,000.
(8) For the construction of increment 2 of the general
purpose berthing pier at Naval Weapons Station, Earle, New
Jersey, authorized by section 2201(a) of the Military
Construction Authorization Act of Fiscal Year 2004 (division
B of Public Law 108-136; 117 Stat. 1704), $49,200,000.
(9) For the construction of increment 2 of pier 11
replacement at Naval Station, Norfolk, Virginia, authorized
by section 2201(a) of the Military Construction Authorization
Act of Fiscal Year 2004 (division B of Public Law 108-136;
117 Stat. 1704), $40,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed the
sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1), (2) and (3) of subsection (a).
(2) $21,000,000 (the balance of the amount authorized under
section 2201(a) for apron and hangar recapitalization, Naval
Air Facility, El Centro, California).
(3) $40,000,000 (the balance of the amount authorized under
section 2201(a) for construction of bachelor enlisted
quarters, Naval Station, Bremerton, Washington).
(4) $95,320,000 (the balance of the amount authorized under
section 2201(a) for construction of a limited area processing
and storage complex, Strategic Weapons Facility Pacific,
Bangor, Washington).
(5) $34,098,000 (the balance of the amount authorized under
section 2201(c) for construction of a White Side complex at
an unspecified location worldwide).
(6) $15,982,000 (the balance of the amount authorized under
section 2201(c) for construction of a presidential helicopter
programs support facility at an unspecified location).
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Alaska....................... Elmendorf Air Force Base. $26,057,000
Arizona...................... Davis-Monthan Air Force $17,029,000
Base.
Luke Air Force Base...... $17,900,000
Arkansas..................... Little Rock Air Force $8,931,000
Base.
California................... Beale Air Force Base..... $10,186,000
Edwards Air Force Base... $9,965,000
Travis Air Force Base.... $18,894,000
Colorado..................... Buckley Air Force Base... $12,247,000
Florida...................... Tyndall Air Force Base... $29,162,000
Georgia...................... Moody Air Force Base..... $9,600,000
Robins Air Force Base.... $15,000,000
Hawaii....................... Hickam Air Force Base.... $25,900,000
Louisiana.................... Barksdale Air Force Base. $13,800,000
Maryland..................... Andrews Air Force Base... $17,100,000
Mississippi.................. Columbus Air Force Base.. $7,700,000
Missouri..................... Whiteman Air Force Base.. $7,600,000
New Mexico................... Kirtland Air Force Base.. $9,200,000
North Carolina............... Pope Air Force Base...... $15,150,000
Ohio......................... Wright-Patterson Air $9,200,000
Force Base.
South Carolina............... Shaw Air Force Base...... $7,000,000
Tennessee.................... Arnold Air Force Base.... $24,500,000
Texas........................ Dyess Air Force Base..... $3,300,000
Lackland Air Force Base.. $2,596,000
Laughlin Air Force Base.. $6,900,000
Sheppard Air Force Base.. $50,284,000
Utah......................... Hill Air Force Base...... $18,013,000
Wyoming...................... F.E. Warren Air Force $5,500,000
Base.
---------------
Total.................. $398,714,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Germany...................... Ramstein Air Base........ $25,404,000
Greenland.................... Thule Air Base........... $19,800,000
Guam......................... Andersen Air Force Base.. $19,593,000
Italy........................ Aviano Air Base.......... $6,760,000
Japan........................ Misawa Air Base.......... $6,700,000
Korea........................ Kunsan Air Base.......... $37,100,000
Osan Air Base............ $18,600,000
Portugal..................... Lajes Field, Azores...... $5,689,000
Spain........................ Naval Station, Rota...... $14,153,000
United Kingdom............... Royal Air Force $5,500,000
Lakenheath.
---------------
Total.................. $159,299,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(3), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations, and in the amount, set forth in
the following table:
Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Classified Locations..... $26,121,000
Unspecified Worldwide.... $28,794,000
---------------
Total.................. $54,915,000
------------------------------------------------------------------------
[[Page H3337]]
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2304(a)(6)(A), the Secretary of the Air Force may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations
or locations, for the purposes and in the amounts, set forth
in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona................................. Davis-Monthan Air Force 250 Units................. $48,500,000
Base.....................
California.............................. Edwards Air Force Base.... 218 Units................. $41,202,000
Vandenberg Air Force Base. 120 Units................. $30,906,000
Florida................................. MacDill Air Force Base.... 61 Units.................. $21,723,000
MacDill Air Force Base.... Housing Maintenance $1,250,000
Facility.................
Idaho................................... Mountain Home Air Force 147 Units................. $39,333,000
Base.....................
Mississippi............................. Columbus Air Force Base... Housing Management $711,000
Facility.................
Missouri................................ Whiteman Air Force Base... 160 Units................. $37,087,000
Montana................................. Malmstrom Air Force Base.. 115 Units................. $29,910,000
North Carolina.......................... Seymour Johnson Air Force 167 Units................. $32,693,000
Base.....................
North Dakota............................ Grand Forks Air Force Base 90 Units.................. $26,169,000
Minot Air Force Base...... 142 Units................. $37,087,000
South Carolina.......................... Charleston Air Force Base. Fire Station.............. $1,976,000
South Dakota............................ Ellsworth Air Force Base.. 75 Units.................. $21,482,000
Texas................................... Dyess Air Force Base...... 127 Units................. $28,664,000
Goodfellow Air Force Base. 127 Units................. $20,604,000
Germany................................. Ramstein Air Base......... 144 Units................. $57,691,000
Italy................................... Aviano Air Base........... Housing Office............ $2,542,000
Korea................................... Osan Air Base............. 117 Units................. $46,834,000
United Kingdom.......................... Royal Air Force Lakenheath 154 Units................. $43,976,000
---------------
Total................... .......................... $570,340,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $38,266,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2304(a)(6)(A), the Secretary of
the Air Force may improve existing military family housing
units in an amount not to exceed $238,353,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2004, for military construction, land
acquisition, and military family housing functions of the
Department of the Air Force in the total amount of
$2,493,679,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $398,714,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $159,299,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2301(c),
$54,915,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$13,000,000.
(5) For architectural and engineering services and
construction design, under section 2807 of title 10, United
States Code, $166,126,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design
and improvement of military family housing and facilities,
$846,959,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $854,666,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2301 of this Act may not exceed the
total amount authorized to be appropriated under paragraphs
(1), (2), and (3) of subsection (a).
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2404(a)(1), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Agency Installation or Location Amount
------------------------------------------------------------------------
Defense Intelligence Agency.. Bolling Air Force Base, $6,000,000
District of Columbia....
Defense Logistics Agency..... Defense Distribution $22,300,000
Depot, New Cumberland,
Pennsylvania............
Defense Distribution $10,100,000
Depot, Richmond,
Virginia................
Defense Fuel Support $3,589,000
Point, Naval Air
Station, Oceana,
Virginia................
Defense Supply Center, $5,500,000
Columbus, Ohio..........
Marina Corps Air Station, $22,700,000
Cherry Point, North
Carolina................
Naval Air Station, $3,900,000
Kingsville, Texas.......
Naval Station, Pearl $3,500,000
Harbor, Hawaii..........
Tinker Air Force Base, $5,400,000
Oklahoma................
Travis Air Force Base, $15,100,000
California..............
Missile Defense Agency....... Huntsville, Alabama...... $19,560,000
National Security Agency..... Fort Meade, Maryland..... $15,007,000
Special Operations Command... Corona, California....... $13,600,000
Fleet Combat Training $5,700,000
Center, Dam Neck,
Virginia................
Fort A.P. Hill, Virginia. $1,500,000
Fort Bragg, North $42,888,000
Carolina................
Fort Stewart/Hunter Army $17,600,000
Air Field, Georgia......
Hurlburt Field, Florida.. $2,500,000
Naval Amphibious Base, $33,200,000
Little Creek, Virginia..
Naval Air Station, North $1,000,000
Island, California......
TRICARE Management Activity.. Buckley Air Force Base, $2,100,000
Colorado................
Defense Language $6,700,000
Institute, Presidio,
Monterey................
Fort Belvoir, Virginia... $100,000,000
Fort Benning, Georgia.... $7,100,000
Langley Air Force Base, $50,800,000
Virginia................
Marine Corps Recruit $25,000,000
Depot, Parris Island,
South Carolina..........
Naval Air Station, $28,438,000
Jacksonville, Florida...
---------------
Total.................. $470,782,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2404(a)(2), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Agency Installation or Location Amount
------------------------------------------------------------------------
Defense Education Activity... Grafenwoehr, Germany..... $36,247,000
[[Page H3338]]
Naval Station, Guam...... $26,964,000
Vilseck, Germany......... $9,011,000
Defense Logistics Agency..... Defense Fuel Support $19,113,000
Point, Lajes Field,
Portugal................
Misawa Air Base, Japan... $19,900,000
Special Operations Command... Naval Station, Guam, $2,200,000
Marianas Islands........
Royal Air Force $10,200,000
Mildenhall, United
Kingdom.................
TRICARE Management Activity.. Diego Garcia............. $3,800,000
Grafenwoehr, Germany..... $13,000,000
---------------
Total.................. $140,435,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the amounts appropriated
pursuant to the authorization of appropriations in section
2404(a)(3), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations, and in the amount, set forth in
the following table:
Defense Agencies: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Special Operations Command... Classified Locations..... $7,400,000
Unspecified Worldwide.... $2,900,000
---------------
Total.................. $10,300,000
------------------------------------------------------------------------
SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2404(a)(9)(A), the Secretary of
Defense may improve existing military family housing units in
an amount not to exceed $49,000.
SEC. 2403. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2404(a)(7), the Secretary of
Defense may carry out energy conservation projects under
section 2865 of title 10, United States Code, in the amount
of $50,000,000.
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Modification of Inside the United States Projects.--
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2004, for military
construction, land acquisition, and military family housing
functions of the Department of Defense (other than the
military departments) in the total amount of $1,089,063,000,
as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $413,782,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $140,435,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2401(c),
$10,300,000.
(4) For unspecified minor military construction projects
under section 2805 of title 10, United States Code,
$20,938,000.
(5) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States
Code, $10,000,000.
(6) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $63,482,000.
(7) For Energy Conservation projects authorized by section
2404 of this Act, $50,000,000.
(8) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $246,116,000.
(9) For military family housing functions:
(A) For improvement of military family housing and
facilities, $49,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $49,575,000.
(C) For credit to the Department of Defense Family Housing
Improvement Fund established by section 2883(a)(1) of title
10, United States Code, $2,500,000.
(10) For the construction of phase 6 of an ammunition
demilitarization facility at Pueblo Depot Activity, Colorado,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public
Law 104-201; 110 Stat. 2775), as amended by section 2406 of
the Military Construction Authorization Act for Fiscal Year
2000 (division B of Public Law 106-65; 113 Stat. 839), and
section 2407 of the Military Construction Authorization Act
for Fiscal Year 2003 (division B of Public Law 107-314; 116
Stat. 2698), $44,792,000.
(11) For the construction of phase 5 of an ammunition
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act of 2002 (division B
of Public Law 107-107; 115 Stat. 1298), and section 2405 of
the Military Construction Authorization Act for Fiscal Year
2003 (division B of Public Law 107-314; 116 Stat. 2698),
$37,094,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed the
sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1), (2) and (3) of subsection (a).
(2) $57,000,000 (the balance of the amount authorized under
section 2401(a) for hospital replacement, Fort Belvoir,
Virginia).
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY
INVESTMENT PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
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.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2004, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title
10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States,
$393,225,000; and
(B) for the Army Reserve, $116,955,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $30,955,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$184,620,000; and
(B) for the Air Force Reserve, $114,090,000.
[[Page H3339]]
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, or
contributions to the North Atlantic Treaty Organization
Security Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2002 PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1301),
authorizations set forth in the tables in subsection (b), as
provided in section 2101 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 $1,500,000
acquisition..............
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Colorado................................ Buckley Air Force Base.... Family housing (55 Units). $11,400,000
Louisiana............................... Barksdale Air Force Base.. Family housing (56 Units). $7,300,000
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION AND RENEWAL OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 2001 PROJECTS.
(a) Extension and Renewal.--Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal Year
2001 (division B of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-407)), authorizations
set forth in the tables in subsection (b), as provided in
section 2102 or 2401 of that Act and, in the case of the
authorization set forth in the first table in subsection (b),
extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public
Law 108-136; 117 Stat. 1716), shall remain in effect until
October 1, 2005, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2006, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
Army: Extension of 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
South Carolina.......................... Fort Jackson.............. Family housing (1 unit)... $250,000
----------------------------------------------------------------------------------------------------------------
Defense Agencies: Extension of 2001 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Agency Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Defense Finance and Accounting Service.. Kleber Kaserne, Germany... Building renovation....... $7,400,000
Defense Education Activity.............. Osan Air Base, Korea...... Osan Elementary School $843,000
addition.................
----------------------------------------------------------------------------------------------------------------
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
SECTION 2801. INCREASE IN CERTAIN THRESHOLDS FOR CARRYING OUT
UNSPECIFIED MINOR MILITARY CONSTRUCTION
PROJECTS.
(a) Advance Approval and Congressional Notification
Threshold.--Subsection (b)(1) of section 2805 of title 10,
United States Code, is amended by striking ``$750,000'' and
inserting ``$1,000,000''.
(b) Use of Operation and Maintenance Funds Threshold.--
Subsection (c) of such section is amended--
(1) by striking paragraph (1) and inserting the following
new paragraph:
``(1) Except as provided in paragraphs (2) and (3), the
Secretary concerned may spend from appropriations available
for operation and maintenance amounts necessary to carry out
an unspecified minor military construction project costing
not more than $1,500,000.''; and
(2) in paragraph (3), by striking ``limitations'' and
inserting ``limitation''.
SEC. 2802. ASSESSMENT OF VULNERABILITY OF MILITARY
INSTALLATIONS TO TERRORIST ATTACK AND ANNUAL
REPORT ON MILITARY CONSTRUCTION REQUIREMENTS
RELATED TO ANTITERRORISM AND FORCE PROTECTION.
(a) Annual Assessment and Report.--Section 2808 of title
10, United States Code, is amended by adding at the end the
following new subsection:
``(d) Antiterrorism and Force Protection Assessments and
Military Construction Requirements.--(1) The Secretary of
Defense shall develop common guidance and criteria to be used
by the Secretary concerned--
``(A) to assess the vulnerability of military installations
located inside and outside of the United States to terrorist
attack;
``(B) to develop construction standards designed to reduce
the vulnerability of structures to terrorist attack and
improve the security of the occupants of such structures;
``(C) to prepare and carry out military construction
projects, such as gate and fenceline construction, to improve
the physical security of military installations; and
``(D) to assist in prioritizing such projects within the
military construction budget of each of the armed forces.
``(2) The Secretary of Defense shall require vulnerability
assessments of military installations to be conducted, at
regular intervals, using the criteria developed under
paragraph (1).
``(3) As part of the budget materials submitted to Congress
in connection with the submission of the budget for a fiscal
year pursuant to section 1105 of title 31, but in no case
later than March 15 of each year, the Secretary of Defense
shall submit a report describing--
``(A) the location and results of the vulnerability
assessments conducted during the preceding fiscal year;
``(B) the military construction requirements anticipated to
be necessary during the next three fiscal years to improve
the physical security of military installations; and
``(C) the extent to which funds are not requested in the
Department of Defense budget for the next fiscal year to meet
those requirements.
``(4) In the case of the report required under paragraph
(3) to be submitted in 2006, the Secretary of Defense shall
include a certification by the Secretary that since September
11, 2001, vulnerability assessments have been undertaken at
all major military installations. The Secretary shall
indicate the basis by which the Secretary
[[Page H3340]]
differentiated between major and nonmajor military
installations for purposes of making the certification.''.
(b) Stylistic and Clerical Amendments.--(1) The heading of
such section is amended to read as follows:
``Sec. 2808. Construction authority related to declaration of
war or national emergency; construction requirements
related to antiterrorism and force protection''.
(2) Such section is further amended--
(A) in subsection (a), by inserting ``Construction
Authority; Limitation.--'' after ``(a)'';
(B) in subsection (b), by inserting ``Congressional
Notification.--'' after ``(b)''; and
(C) in subsection (c), by inserting ``Termination.--''
after ``(c)''.
(3) The table of sections at the beginning of chapter 169
of such title is amended by striking the item relating to
section 2808 and inserting the following new item:
``2808. Construction authority related to declaration of war or
national emergency; construction requirements related to
antiterrorism and force protection.''.
SEC. 2803. CHANGE IN THRESHOLD FOR CONGRESSIONAL NOTIFICATION
REGARDING USE OF OPERATION AND MAINTENANCE
FUNDS FOR FACILITY REPAIR.
Section 2811(d) of title 10, United States Code, is amended
by striking ``$10,000,000'' and inserting ``$7,500,000''.
SEC. 2804. REPORTING REQUIREMENTS REGARDING MILITARY FAMILY
HOUSING REQUIREMENTS FOR GENERAL OFFICERS AND
FLAG OFFICERS.
(a) Annual Report on Cost of General and Flag Officers
Quarters.--Section 2831 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(e) Annual Report of Cost of General Officers and Flag
Officers Quarters.--As part of the budget materials submitted
to Congress in connection with the submission of the budget
for a fiscal year pursuant to section 1105 of title 31, but
in no case later than March 30 of each year, the Secretary of
Defense shall submit a report--
``(1) identifying family housing units used, or intended
for use, as quarters for general officers or flag officers
for which the total operation and maintenance costs, utility
costs, and repair costs are anticipated to exceed $20,000 in
the next fiscal year; and
``(2) specifying the total of such costs for each unit of
family housing identified under paragraph (1).''.
(b) Report on Need for Such Quarters in National Capital
Region.--The Secretary of Defense shall prepare a report
analyzing anticipated needs in the National Capital Region
for family housing units for general officers and flag
officers. In conducting the analysis, the Secretary shall
consider the extent of available housing in the National
Capital Region and the necessity of providing housing for
general officers and flag officers in secure locations.
(c) Report on World-Wide Inventory of Such Quarters.--The
Secretary of Defense shall prepare a report containing a
worldwide inventory of family housing units for general
officers and flag officers and identifying annual
expenditures for each such unit for operation and
maintenance, utilities, and repair for each for the fiscal
years 2000 through 2004.
(d) Submission of Reports.--The reports required by
subsections (b) and (c) shall be submitted to the
congressional defense committees not later than March 30,
2005.
(e) Definitions.--In this section:
(1) The terms ``general officer'' and ``flag officer'' have
the meanings given such terms in section 101(b) of title 10,
United States Code.
(2) The term ``National Capital Region'' has the meaning
given such term in section 2674(f) of such title.
SEC. 2805. CONGRESSIONAL NOTIFICATION OF DEVIATIONS FROM
AUTHORIZED COST VARIATIONS FOR MILITARY
CONSTRUCTION PROJECTS AND MILITARY FAMILY
HOUSING PROJECTS.
Section 2853(c)(3) of title 10, United States Code, is
amended by inserting before the period at the end the
following: ``or, if over sooner, a period of 14 days has
elapsed after the date on which a copy of the notification is
provided in an electronic medium pursuant to section 480 of
this title''.
SEC. 2806. REPEAL OF LIMITATION ON USE OF ALTERNATIVE
AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF
MILITARY FAMILY HOUSING.
Effective October 1, 2005, subsection (g) of section 2883
of title 10, United States Code, is amended to read as
follows:
``(g) Limitation on Use of Authority to Acquire or
Construct Military Unaccompanied Housing.--The total value in
budget authority of all contracts and investments undertaken
using the authorities provided in this subchapter for the
acquisition or construction of military unaccompanied housing
shall not exceed $150,000,000.''.
SEC. 2807. TEMPORARY AUTHORITY TO ACCELERATE DESIGN EFFORTS
FOR MILITARY CONSTRUCTION PROJECTS CARRIED OUT
USING DESIGN-BUILD SELECTION PROCEDURES.
Section 2305a of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(f) Special Authority for Military Construction
Projects.--(1) The Secretary of a military department, and
the Secretary of Defense with respect to matters concerning
the Defense Agencies, may use funds available to the
Secretary under section 2807(a) or 18233(e) of this title to
accelerate the design effort in connection with a military
construction project for which the two-phase selection
procedures described in subsection (c) are used to select the
contractor for both the design and construction portion of
the project before the project is specifically authorized by
law and before funds are appropriated for the construction
portion of the project. Notwithstanding the limitations
contained in such sections, use of such funds for the design
portion of a military construction project may continue
despite the subsequent authorization of the project. The
advance notice requirement of section 2807(b) of this title
shall continue to apply whenever the estimated cost of the
design portion of the project exceeds the amount specified in
such section.
``(2) Any military construction contract that provides for
an accelerated design effort, as authorized by paragraph (1),
shall include as a condition of the contract that the
liability of the United States in a termination for
convenience may not exceed costs above the costs attributable
to the final design of the project.
``(3) Not more than 36 military construction projects
containing the accelerated design effort authorized by
paragraph (1) may be carried out.
``(4) Not later than March 1, 2007, the Secretary of
Defense shall submit to the congressional defense committees
a report evaluating the usefulness of the authority provided
by this subsection in expediting the design and construction
of military construction projects. The authority provided by
this subsection expires September 30, 2008, except that, if
the report required by this paragraph is not submitted by
March 1, 2007, the authority shall expire on that date.''.
SEC. 2808. EXCHANGE OR SALE OF RESERVE COMPONENT FACILITIES
TO ACQUIRE REPLACEMENT FACILITIES.
Section 18233 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(g)(1) The Secretary of Defense may convey, by exchange
or sale, an existing facility of a reserve component of the
armed forces for the purpose of acquiring a replacement
facility under this section or using the proceeds from the
sale to acquire a replacement facility under this section, if
the Secretary determines it is in the best interests of the
United States to acquire the replacement facility by such
exchange or sale. The United States shall receive funds or a
replacement facility, or a combination of both, having a
total value at least equal to the fair market value of the
conveyed facility.
``(2) Acquisition of a replacement facility under this
subsection may be accomplished by construction, expansion,
rehabilitation, or conversion and must result in a fully
equipped and operational replacement facility. Nothing in
this subsection prohibits the Secretary of Defense from
contributing additional funds, in accordance with this
section, to obtain a fully equipped and operational
replacement facility.
``(3) Funds received under this subsection shall be
deposited in a separate account and remain available to the
Secretary of Defense, without appropriation, for use in
accordance with this subsection. Any funds received under
this subsection in connection with a conveyance in excess of
the funds required to obtain a fully equipped and operational
replacement facility for the conveyed facility may be used by
the Secretary for the purposes of subsection (a).''.
SEC. 2809. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED AUTHORITY
TO USE OPERATION AND MAINTENANCE FUNDS FOR
CONSTRUCTION PROJECTS OUTSIDE THE UNITED
STATES.
Section 2808 of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1723) is amended--
(1) in subsections (a) and (d), by striking ``fiscal year
2004'' both places it appears and inserting ``fiscal years
2004 and 2005''; and
(2) in subsection (c)(1), by striking ``in fiscal year
2004'' and inserting ``in a fiscal year''.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. INCREASE IN CERTAIN THRESHOLDS FOR REPORTING REAL
PROPERTY TRANSACTIONS.
(a) General Notice and Wait Threshold.--Subsection (a) of
section 2662 of title 10, United States Code, is amended by
striking ``$750,000'' each place it appears and inserting
``$1,500,000''.
(b) Annual Report on Minor Transactions Threshold.--
Subsection (b) of such section is amended by striking
``subsection (a) that involve an estimated value of more than
$250,000, but not more than $750,000'' and inserting ``such
subsection that involve an estimated value of more than
$500,000, but not more than the amount specified in such
subsection''.
(c) Notice and Wait Threshold for Certain GSA Leases.--
Subsection (e) of such section is amended by striking
``$750,000'' and inserting ``$1,500,000''.
(d) Threshold for Acquisition of Low-Cost Interests in
Land.--Subsection (a) of section 2672 of such title is
amended to read as follows:
``(a) Acquisition Authority.--The Secretary of a military
department may acquire any interest in land that--
``(1) the Secretary determines is needed in the interest of
national defense; and
``(2) does not cost more than $1,500,000, exclusive of
administrative costs and the amounts of any deficiency
judgments.''.
(e) Treatment Multiple Parcels Under Low-Cost Acquisition
Authority.--Subsection (b) of such section is amended to read
as follows:
``(b) Treatment of Multiple Parcels.--This section does not
authorize the acquisition, as a part of the same project, of
more than one parcel of land unless--
``(1) the parcels are noncontiguous; or
``(2) if contiguous, the total cost for the acquisition of
all of the contiguous parcels does not cost more than the
amount specified in subsection (a)(2).''.
[[Page H3341]]
SEC. 2812. REORGANIZATION OF EXISTING ADMINISTRATIVE
PROVISIONS RELATING TO REAL PROPERTY
TRANSACTIONS.
(a) Limitation on Commissions.--(1) Section 2661 of title
10, United States Code, is amended by adding at the end the
following new subsection:
``(c) Commissions on Land Purchase Contracts.--The maximum
amount payable as a commission on a contract for the purchase
of land from funds appropriated for the Department of Defense
is two percent of the purchase price.''.
(2) Section 2666 of such title is repealed.
(b) Repeal of Obsolete Authority to Acquire Land for Timber
Production.--Section 2664 of such title is repealed.
(c) Availability of Funds for Acquisition of Certain
Interests in Real Property.--(1) Section 2672 of such title
is amended by adding at the end the following new subsection:
``(d) Availability of Funds.--Appropriations available to
the Department of Defense for operation and maintenance or
construction may be used for the acquisition of land or
interests in land under this section.''.
(2) Section 2673 of such title is repealed.
(3) Section 2675 of such title is amended--
(A) by inserting before ``The Secretary'' the following
``(a) Lease Authority; Duration.--''; and
(B) by adding at the end the following new subsection:
``(b) Availability of Funds.--Appropriations available to
the Department of Defense for operation and maintenance or
construction may be used for the acquisition of interests in
land under this section.''.
(d) Stylistic and Clerical Amendments.--(1) Section 2661 of
such title is further amended--
(A) in subsection (a), by inserting ``Availability of
Operation and Maintenance Funds.--'' after ``(a)'' ; and
(B) in subsection (b), by inserting ``Leasing and Road
Maintenance Authority.--'' after ``(b)''.
(2) The table of sections at the beginning of chapter 159
of such title is amended by striking the items relating to
sections 2664, 2666, and 2673.
SEC. 2813. TREATMENT OF MONEY RENTALS FROM GOLF COURSE AT
ROCK ISLAND ARSENAL, ILLINOIS.
(a) Support of MWR Activities.--Section 2667(d) of title
10, United States Code, is amended--
(1) in paragraph (1)(B)--
(A) by redesignating clause (ii) as clause (iii); and
(B) by inserting after clause (i) the following new clause:
``(ii) Money rentals deposited in a nonappropriated morale,
welfare, and recreation account under paragraph (3).''; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) The Secretary of the Army may deposit up to 50
percent of the money rentals received by the United States
from a lease involving the golf course at Rock Island
Arsenal, Illinois, in the nonappropriated morale, welfare,
and recreation account for that installation, to be used for
quality-of-life programs at that installation.''.
(b) Effective Date.--Paragraph (3) of section 2667(d) of
title 10, United States Code, as added by subsection (a),
shall apply to money rentals referred to in such paragraph
received by the United States after September 30, 2004.
SEC. 2814. NUMBER OF CONTRACTS AUTHORIZED DEPARTMENT-WIDE
UNDER DEMONSTRATION PROGRAM ON REDUCTION IN
LONG-TERM FACILITY MAINTENANCE COSTS.
Section 2814 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 10 U.S.C. 2809 note) is
amended--
(1) in subsection (a), by striking ``or the Secretary of a
military department'' and inserting ``and the Secretaries of
the military departments'';
(2) in subsection (b)(1), by striking ``12 contracts per
military department'' and inserting ``36 contracts''; and
(3) in subsection (b)(2), by striking ``the date of the
enactment of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003'' and inserting ``December 2, 2002''.
SEC. 2815. REPEAL OF COMMISSION ON REVIEW OF OVERSEAS
MILITARY FACILITY STRUCTURE OF THE UNITED
STATES.
Section 128 of the Military Construction Appropriations
Act, 2004 (Public Law 108-132; 117 Stat. 1382; 10 U.S.C. 111
note), is repealed.
SEC. 2816. DESIGNATION OF AIRMEN LEADERSHIP SCHOOL AT LUKE
AIR FORCE BASE, ARIZONA, IN HONOR OF JOHN J.
RHODES, A FORMER MINORITY LEADER OF THE HOUSE
OF REPRESENTATIVES.
The Airmen Leadership School at Luke Air Force Base,
Arizona, building 156, shall be known and designated as the
``John J. Rhodes Airmen Leadership School''. Any reference to
such facility in any law, regulation, map, document, record,
or other paper of the United States shall be considered to be
a reference to the John J. Rhodes Airmen Leadership School.
SEC. 2817. ELIMINATION OF REVERSIONARY INTERESTS CLOUDING
UNITED STATES TITLE TO PROPERTY USED AS NAVY
HOMEPORTS.
(a) Authority to Acquire Complete Title.--If real property
owned by the United States and used as a Navy homeport is
subject to a reversionary interest of any kind, the Secretary
of the Navy may enter into an agreement with the holder of
the reversionary interest to acquire the reversionary
interest and thereby secure for the United States all right,
title, and interest in and to the property.
(b) Consideration.--(1) As consideration for the
acquisition of a reversionary interest under subsection (a),
the Secretary shall provide the holder of the reversionary
interest with in-kind consideration, to be determined
pursuant to negotiations between the Secretary and the holder
of the reversionary interest. In determining the type and
value of any in-kind consideration to be provided for the
acquisition of a reversionary interest under subsection (a),
the Secretary shall take into account the nature of the
reversionary interest, including whether it would require the
holder of the reversionary interest to pay for any
improvements acquired by the holder as part of the reversion
of the real property, and the long-term use and ultimate
disposition of the real property if the United States were to
acquire all right, title, and interest in and to the real
property subject to the reversionary interest.
(2) Cash payments are not authorized as consideration for
the acquisition of reversionary interests under subsection
(a).
SEC. 2818. REPORT ON REAL PROPERTY DISPOSAL AT MARINE CORPS
AIR STATION, EL TORO, CALIFORNIA.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Navy shall submit to Congress
a report describing--
(1) the progress being made with regard to the disposal of
real property at Marine Corps Air Station, El Toro,
California, including any challenges arising from plans to
dispose of property at the installation by auction;
(2) the anticipated future uses of the property; and
(3) the requests received from other Federal agencies
(including other military departments) for property at the
installation.
Subtitle C--Base Closure and Realignment
SEC. 2821. TWO-YEAR POSTPONEMENT OF 2005 BASE CLOSURE AND
REALIGNMENT ROUND AND SUBMISSION OF REPORTS
REGARDING FUTURE INFRASTRUCTURE REQUIREMENTS
FOR THE ARMED FORCES.
(a) Two-Year Postponement in Submittal of Base Closure and
Realignment Recommendations.--Section 2914 of the Defense
Base Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101-510; 10 U.S.C. 2687 note), as added by
section 3003 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1345), is
amended--
(1) in the section heading, by striking ``2005'' and
inserting ``2007''; and
(2) in subsection (a), by striking ``May 16, 2005,'' and
inserting ``May 16, 2007,''.
(b) Commission Review and Recommendations.--Subsection (d)
of section 2914 of the Defense Base Closure and Realignment
Act of 1990 is amended--
(1) in paragraphs (1) and (2), by striking ``September 8,
2005'' both places it appears and inserting ``September 8,
2007''; and
(2) in paragraph (6)--
(A) by striking ``in 2005'' and inserting ``under this
section''; and
(B) by striking ``July 1, 2005'' and inserting ``July 1,
2007''.
(c) Review by President and Transmittal to Congress.--
Subsection (e) of section 2914 of the Defense Base Closure
and Realignment Act of 1990 is amended--
(1) in paragraph (1)--
(A) by striking ``in 2005'' and inserting ``under this
section''; and
(B) by striking ``September 23, 2005'' and inserting
``September 23, 2007'';
(2) in paragraph (2), by striking ``October 20, 2005'' and
inserting ``October 20, 2007''; and
(3) in paragraph (3)--
(A) by striking ``November 7, 2005'' and inserting
``November 7, 2007''; and
(B) by striking ``in 2005'' and inserting ``in 2007''.
(d) New Force Structure Plan and Infrastructure Inventory;
Recertification of Need for Additional Round.--Section 2912
of the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note),
as added by section 3001 of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107;
115 Stat. 1342), is amended--
(1) in the section heading, by striking ``2005'' and
inserting ``2007'';
(2) by striking ``fiscal year 2005'' each place it appears
and inserting ``fiscal year 2007'';
(3) in subsection (b)(1), by inserting ``for fiscal year
2007'' after ``subsection (a)'';
(4) in subsections (b)(2) and (d), by striking ``in 2005''
each place it appears and inserting ``under section 2914'';
(5) in subsection (d), by striking ``March 15, 2005'' both
places it appears and inserting ``March 15, 2007'';
(6) in subsection (d)(4), by striking ``calendar year 2005
and shall terminate on April 15, 2006'' and inserting
``calendar year 2007 and shall terminate on April 15, 2008'';
and
(7) in subsection (d)(5), by striking ``second session of
the 108th Congress for the activities of the Commission in
2005'' and inserting ``second session of the 109th Congress
for the activities of the Commission under section 2914''.
(e) Infrastructure-Related Reporting Requirements;
Termination of Base Closure Round.--Section 2912 of the
Defense Base Closure and Realignment Act of 1990 is further
amended by adding at the end the following new subsection:
``(e) Infrastructure-Related Reports.--
``(1) Required reports.--The Secretary shall prepare the
following reports related to infrastructure requirements for
the Armed Forces:
[[Page H3342]]
``(A) A report containing the Integrated Global Presence
and Basing Strategy of the Department of Defense, including
the location of long-term overseas installations,
installations to be used for rotational purposes, and forward
operating locations, anticipated rotational plans and
policies, and domestic and overseas infrastructure
requirements associated with the strategy.
``(B) A report describing the anticipated infrastructure
requirements associated with the probable end-strength levels
and major military force units (including land force
divisions, carrier and other major combatant vessels, air
wings, and other comparable units) for each of the Armed
Forces resulting from force transformation.
``(C) A report describing the anticipated infrastructure
requirements related to expected changes in the active
component versus reserve component personnel mix of the Armed
Forces.
``(D) A report describing the anticipated infrastructure
requirements associated with the so-called `10-30-30
objective' of the Secretary to ensure that military forces
are capable of deployment overseas within 10 days in
sufficient strength to defeat an enemy within 30 days and be
ready for redeployment within 30 days after the end of combat
operations.
``(E) A report containing the results of a complete
reassessment of the infrastructure necessary to support the
force structure described in the force-structure plan
prepared under paragraph (1) of subsection (a) and describing
any resulting excess infrastructure and infrastructure
capacity, which were previously required by paragraph (2) of
such subsection. The reassessment shall be based on actual
infrastructure, facility, and space requirements for the
Armed Forces rather than a comparative study between 1989 and
2003.
``(F) A report describing the anticipated infrastructure
requirements associated with the assessment prepared by the
Secretary pursuant to section 2822 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136;
117 Stat. 1726), in which Congress required the Secretary to
assess the probable threats to national security and
determine the potential, prudent, surge requirements for the
Armed Forces and military installations to meet those
threats.
``(2) Time for submission of reports.--The reports required
by paragraph (1) shall be submitted to the congressional
defense committees only during the period beginning on
January 1, 2006, and ending on March 15, 2006.
``(3) Termination of round for failure to submit reports as
required.--If the reports required by paragraph (1) are not
submitted during the period specified in paragraph (2), the
process for the making of recommendations to the Congress for
the closure or realignment of military installations and the
selection of installations for closure or realignment under
this part in 2007 shall be terminated.''.
(f) Conforming Amendments.--(1) Section 2904(a)(3) of the
Defense Base Closure and Realignment Act of 1990 is amended
by striking ``in the 2005 report'' and inserting ``in a
report submitted after 2001''.
(2) Section 2906(e) of such Act is amended by striking
``2005'' and inserting ``2007''.
(3) Section 2906A of such Act is amended--
(A) in the section heading, by striking ``2005'' and
inserting ``2007''; and
(B) by striking ``2005'' each place it appears and
inserting ``2007''.
(4) Section 2909(a) of such Act is amended by striking
``2006'' and inserting ``2008''.
SEC. 2822. ESTABLISHMENT OF SPECIFIC DEADLINE FOR SUBMISSION
OF REVISIONS TO FORCE-STRUCTURE PLAN AND
INFRASTRUCTURE INVENTORY FOR NEXT BASE CLOSURE
ROUND.
Section 2912(a)(4) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended by striking ``as
part of the budget justification document submitted to
Congress for fiscal year 2006.'' and inserting ``not later
than March 15 of the year in which the Secretary will submit,
consistent with subsection (e) of this section, the list of
the military installations inside the United States that the
Secretary recommends for closure or realignment. No revision
of the force-structure plan or infrastructure inventory is
authorized after that March 15 date.''.
SEC. 2823. SPECIFICATION OF FINAL SELECTION CRITERIA FOR NEXT
BASE CLOSURE ROUND.
(a) Findings.--Congress finds the following:
(1) Title XXX of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1342) amended
the Defense Base Closure and Realignment Act of 1990 (part A
of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) to
authorize the Secretary of Defense to conduct an additional
round of base realignments and closures.
(2) In section 2822 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1726), approved November 24, 2003, Congress required the
Secretary of Defense to assess the probable threats to
national security and determine the potential, prudent, surge
requirements for the Armed Forces and military installations
to meet those threats. Such section specifically requires the
Secretary of Defense to use the determination of surge
requirements in exercising the authority of the Secretary to
conduct the next round of base realignments and closures.
(3) Section 2913 of the Defense Base Closure and
Realignment Act of 1990, as added by title XXX of the
National Defense Authorization Act for Fiscal Year 2002,
specified the process by which the Secretary of Defense was
to prepare the criteria to be used by the Secretary in making
recommendations for the next round of base realignments and
closures and listed certain requirements the Secretary had to
comply with as part of the process, including the advance
publication of the proposed criteria and the solicitation and
consideration of public comments.
(4) In subsection (e) of such section, Congress required
the Secretary of Defense to publish in the Federal Register
and transmit to Congress not later than February 16, 2004,
the final criteria intended to be used by the Secretary in
making recommendations for the next round of base
realignments and closures. Pursuant to such subsection, the
Secretary of Defense published the final selection criteria
in the Federal Register on February 12, 2004 (69 Fed. Reg.
6948).
(5) In addition to specifically reserving its right to
disapprove the final selection criteria, Congress may modify
or otherwise amend the criteria by Act of Congress.
(b) Congressional Specification of Final BRAC Selection
Criteria.--Section 2913 of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note), as added by section 3002 of
the National Defense Authorization Act for Fiscal Year 2002
(Public Law 107-107; 115 Stat. 1344), is amended to read as
follows:
``SEC. 2913. FINAL SELECTION CRITERIA FOR ADDITIONAL ROUND OF
BASE CLOSURES AND REALIGNMENTS.
``(a) Final Selection Criteria.--The final criteria to be
used by the Secretary in making recommendations for the
closure or realignment of military installations inside the
United States under this part in any additional round of base
closures and realignments are as follows:
``(1) The current and future mission requirements and the
impact on operational readiness of the total force of the
Department of Defense, including the impact on joint
warfighting, training, readiness, and research, development,
test, and evaluation of weapons systems and equipment.
``(2) The availability and condition of land, facilities,
infrastructure, and associated air and water space (including
preservation of training areas suitable for maneuver by
ground, naval, or air forces throughout a diversity of
climate and terrain areas, the preservation of testing ranges
able to accommodate current or future military weapons
systems and equipment, and the preservation of staging areas
for the use of the Armed Forces in homeland defense missions)
at both existing and potential receiving locations.
``(3) The ability to accommodate contingency, mobilization,
and future total force requirements at both existing and
potential receiving locations to support operations,
training, maintenance, and repair.
``(4) Preservation of land, air, and water space,
facilities, and infrastructure necessary to support training
and operations of military forces determined to be surge
requirements by the Secretary of Defense, as required by
section 2822 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1726).
``(5) The extent and timing of potential costs and savings
of base realignment and closure actions on the entire Federal
budget, as well as the Department of Defense, including the
number of years, beginning with the date of completion of the
closure or realignment, for the savings to exceed the costs.
Costs shall include those costs related to potential
environmental restoration, waste management, and
environmental compliance activities.
``(6) The economic impact on existing communities in the
vicinity of military installations.
``(7) The ability of the infrastructure of both the
existing and potential receiving communities to support
forces, missions, and personnel, including quality of living
standards for members of the Armed Forces and their
dependents.
``(8) The environmental impact on receiving locations.
``(b) Priority Given to Military Value.--In recommending
military installations for closure or realignment, the
Secretary shall give priority consideration to the first four
criteria specified in subsection (a).
``(c) Relation to Other Materials.--The final selection
criteria specified in subsection (a) shall be the only
criteria to be used, along with the force-structure plan and
infrastructure inventory referred to in section 2912, in
making recommendations for the closure or realignment of
military installations inside the United States under this
part after December 31, 2003.
``(d) Relation to Criteria for Earlier Rounds.--Section
2903(b), and the selection criteria prepared under such
section, shall not apply with respect to the process of
making recommendations for the closure or realignment of
military installations after December 31, 2003.''.
(c) Conforming Amendments.--The Defense Base Closure and
Realignment Act of 1990 is amended--
(1) in section 2912(c)(1)(A), by striking ``criteria
prepared under section 2913'' and inserting ``criteria
specified in section 2913''; and
(2) in section 2914(a), by striking ``criteria prepared by
the Secretary under section 2913'' and inserting ``criteria
specified in section 2913''.
SEC. 2824. REQUIREMENT FOR UNANIMOUS VOTE OF DEFENSE BASE
CLOSURE AND REALIGNMENT COMMISSION TO ADD TO OR
OTHERWISE EXPAND CLOSURE AND REALIGNMENT
RECOMMENDATIONS MADE BY SECRETARY OF DEFENSE.
Section 2914(d) of the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note), as added by section 3003 of the Military
Construction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107-107; 155 Stat, 1346) and amended by
section 2854 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
2728), is amended--
(1) in paragraph (3), by striking ``to add'' and inserting
``to consider additions''; and
[[Page H3343]]
(2) by striking paragraph (5) and inserting the following
new paragraph:
``(5) Requirements to expand closure or realignment
recommendations.--In the report required under section
2903(d)(2)(A) that is to be transmitted under paragraph (1),
the Commission may not make a change in the recommendations
of the Secretary that would close a military installation not
recommended for closure by the Secretary, would realign a
military installation not recommended for closure or
realignment by the Secretary, or would expand the extent of
the realignment of a military installation recommended for
realignment by the Secretary unless--
``(A) at least two members of the Commission visit the
military installation before the date of the transmittal of
the report; and
``(B) the decision of the Commission to make the change to
recommend the closure of the military installation, the
realignment of the installation, or the expanded realignment
of the installation is unanimous.''.
SEC. 2825. ADHERENCE TO CERTAIN AUTHORITIES ON PRESERVATION
OF MILITARY DEPOT CAPABILITIES DURING ANY
SUBSEQUENT ROUND OF BASE CLOSURES AND
REALIGNMENTS.
The Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
is amended by adding at the end the following new section:
``SEC. 2915. ADHERENCE TO CERTAIN AUTHORITIES ON PRESERVATION
OF MILITARY DEPOT CAPABILITIES DURING ANY
SUBSEQUENT ROUND OF BASE CLOSURES AND
REALIGNMENTS.
``(a) Adherence Required.--(1) Any base closure and
realignment actions under section 2914 or subsequent round of
base closure and realignment, and any actions to carry out
the closure or realignment of military installations as a
result of such actions, shall reflect a strict adherence to
the provisions of title 10, United States Code, for the
maintenance of government-owned, government-operated depot-
level maintenance, repair, and logistics capabilities within
the Department of Defense, including the provisions of
chapter 146 of such title and other applicable provisions.
``(2) No action to carry out the closure or realignment of
military installations in any base closures and realignments
under this part after the date of the enactment of this
section may include a waiver authorized by paragraph (2) or
(3) of section 2464(b) or section 2466(b) of title 10, United
States Code.
``(b) Base Closure and Realignment Actions Defined.--In
this section, the term `base closure and realignment actions'
means the following:
``(1) The preparation by the Secretary of Defense of
recommendations on installations for closure or realignment
under this part or any subsequent base closure law.
``(2) The review by the Commission of the recommendations
referred to in paragraph (1).
``(3) The review by the President of the recommendations
referred to in paragraphs (1) and (2).''.
Subtitle D--Land Conveyances
PART I--ARMY CONVEYANCES
SEC. 2831. TRANSFER OF ADMINISTRATIVE JURISDICTION, DEFENSE
SUPPLY CENTER, COLUMBUS, OHIO.
(a) Transfer Required.--As soon as practicable after the
date of the enactment of this Act, the Secretary of the Army
shall transfer, without reimbursement, to the administrative
jurisdiction of the Secretary of Veterans Affairs a parcel of
real property consisting of approximately 20 acres and
comprising a portion of the Defense Supply Center in
Columbus, Ohio, for the purpose of permitting the Secretary
of Veterans Affairs to use the property as the site for an
outpatient clinic.
(b) Payment of Costs of Conveyance.--(1) The Secretary of
the Army shall require the Secretary of Veterans Affairs to
cover costs to be incurred by the Secretary of the Army, or
to reimburse the Secretary of the Army for costs incurred by
the Secretary of the Army, to carry out the conveyance under
subsection (a), including survey costs, costs related to
environmental documentation, and other administrative costs
related to the conveyance. If amounts are collected from the
Secretary of Veterans Affairs in advance of the Secretary of
the Army incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary of the
Army to carry out the conveyance, the Secretary of the Army
shall refund the excess amount to the Secretary of Veterans
Affairs.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to
cover the costs incurred by the Secretary of the Army in
carrying out the conveyance. Amounts so credited shall be
merged with amounts in such fund or account, and shall be
available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or
account.
(c) Description of Real Property.--The exact acreage and
legal description of the real property to be transferred
under subsection (a) shall be determined by a survey
satisfactory to the Secretary of the Army.
SEC. 2832. LAND CONVEYANCE, FORT HOOD, TEXAS.
(a) Conveyance Authorized.--The Secretary of the Army may
convey to the Texas A&M University System of the State of
Texas (in this section referred to as the ``University
System''), all right, title, and interest of the United
States in and to a parcel of real property, including
improvements thereon, consisting of approximately 662 acres
at Fort Hood, Texas, for the sole purpose of permitting the
University System to establish on the property an upper level
(junior, senior and graduate) university that will be State-
supported, separate from other universities of the University
System, and designated as Texas A&M University, Central
Texas.
(b) Consideration.--(1) As consideration for the conveyance
under subsection (a), the University System shall pay to the
United States an amount equal to the fair market value of the
conveyed property, as determined pursuant to an appraisal
acceptable to the Secretary.
(2) In lieu of all or a portion of the cash consideration
required by paragraph (1), the Secretary may accept in-kind
consideration, including the conveyance by the University
System of real property acceptable to the Secretary.
(c) Condition of Conveyance.--The conveyance under
subsection (a) shall be subject to the condition that the
Secretary determine that the conveyance of the property and
the establishment of a university on the property will not
adversely impact the operation of Robert Grey Army Airfield,
which is located on Fort Hood approximately one mile from the
property authorized for conveyance.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the University System.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2833. LAND CONVEYANCE, ARMY NATIONAL GUARD FACILITY,
SEATTLE, WASHINGTON.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the State of Washington (in
this section referred to as the ``State'') all right, title,
and interest of the United States in and to a parcel of real
property, including any improvements thereon, consisting of
approximately 9.747 acres in Seattle, Washington, and
comprising a portion of the National Guard Facility, Pier 91,
for the purpose of permitting the State to convey the
facility unencumbered for economic development purposes.
(b) 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.
(c) Exemption From Federal Screening.--The conveyance
authorized by subsection (a) is exempt from the requirement
to screen the property for other Federal use pursuant to
sections 2693 and 2696 of title 10, United States Code.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary. The cost of the survey shall be borne by the
United States, subject to the requirement for reimbursement
under subsection (b).
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
PART II--NAVY CONVEYANCES
SEC. 2841. TRANSFER OF JURISDICTION, NEBRASKA AVENUE NAVAL
COMPLEX, DISTRICT OF COLUMBIA.
(a) Transfer Required.--Except as provided in subsection
(b), the Secretary of the Navy shall transfer to the
administrative jurisdiction of the Administrator of General
Services the parcel of Department of the Navy real property
in the District of Columbia known as the Nebraska Avenue
Complex for the purpose of permitting the Administrator to
use the Complex to accommodate the Department of Homeland
Security. The Complex shall be transferred in its existing
condition.
(b) Authority to Retain Military Family Housing.--At the
option of the Secretary of the Navy, the Secretary may retain
administrative jurisdiction over that portion of the Complex
that, as of the date of the enactment of this Act, is being
used to provide Navy family housing.
(c) Time for Transfer.--Not later than January 1, 2005, the
Secretary of the Navy shall complete the transfer of
administrative jurisdiction over the portion of the Complex
required to be transferred under subsection (a).
(d) Relocation of Navy Activities.--As part of the transfer
of the Complex under subsection (a), the Secretary of the
Navy shall relocate Department of the Navy activities at the
Complex to other locations.
(e) Payment of Initial Relocation Costs.--Subject to the
availability of appropriations for this purpose, the
Secretary of the Department of Homeland Security shall be
responsible for the payment of--
(1) all reasonable costs, including costs to move
furnishings and equipment, related to the initial relocation
of Department of the Navy activities from the Complex under
subsection (d); and
(2) all reasonable costs incident to the initial occupancy
by such activities of interim leased space, including rental
costs for the first year.
(f) Payment of Long-Term Relocation Costs.--
(1) Sense of congress regarding payment.--It is the sense
of the Congress that the Secretary of the Navy should
receive, from Federal agencies other than the Department of
Defense, funds authorized and appropriated for the purpose of
covering all reasonable costs, not paid
[[Page H3344]]
under subsection (e), that are incurred or will be incurred
by the Secretary to permanently relocate Department of the
Navy activities from the Complex under subsection (d).
(2) Submission of cost estimates.--As soon as practicable
after the date of the enactment of this Act , the Secretary
of the Navy shall submit to the Director of the Office of
Management and Budget and the Congress an initial estimate of
the amounts that will be necessary to cover the costs to
permanently relocate Department of the Navy activities from
the portion of the Complex to be transferred under subsection
(a). The Secretary shall include in the estimate anticipated
land acquisition and construction costs. The Secretary shall
revise the estimate as necessary whenever information
regarding the actual costs for the relocation is obtained.
(g) Treatment of Funds.--(1) Funds received by the
Secretary of the Navy, from sources outside the Department of
Defense, to relocate Department of the Navy activities from
the Complex shall be used to pay the costs incurred by the
Secretary to permanently relocate Department of the Navy
activities from the Complex. A military construction project
carried out using such funds is deemed to be an authorized
military construction project for purposes of section 2802 of
title 10, United States Code. Section 2822 of such title
shall continue to apply to any military family housing unit
proposed to be constructed or acquired using such funds.
(2) When a decision is made to carry out a military
construction project using such funds, the Secretary of the
Navy shall notify Congress in writing of that decision,
including the justification for the project and the current
estimate of the cost of the project. The project may then be
carried out only after the end of the 21-day period beginning
on the date the notification is received by Congress or, if
earlier, the end of the 14-day period beginning on the date
on which a copy of the notification is provided in an
electronic medium pursuant to section 480 of title 10, United
States Code.
(h) Effect of Failure to Receive Sufficient Funds for
Relocation Costs.--
(1) Congressional notification.--At the end of the three-
year period beginning on the date of the transfer of the
Complex under subsection (a), the Secretary of the Navy shall
submit to Congress a report--
(A) specifying the total amount needed to cover both the
initial and permanent costs of relocating Department of the
Navy activities from the portion of the Complex transferred
under subsection (a);
(B) specifying the total amount of the initial relocation
costs paid by the Secretary of the Department of Homeland
Security under subsection (e); and
(C) specifying the total amount of appropriated funds
received by the Secretary of the Navy, from sources outside
the Department of Defense, to cover the permanent relocation
costs.
(2) Role of omb.--The Secretary of the Navy shall obtain
the assistance and concurrence of the Director of the Office
of Management and Budget in determining the total amount
needed to cover both the initial and permanent costs of
relocating Department of the Navy activities from the portion
of the Complex transferred under subsection (a), as required
by paragraph (1)(A).
(3) Certification regarding relocation costs.--Not later
than 30 days after the date on which the report under
paragraph (1) is required to be submitted to Congress, the
President shall certify to Congress whether the amounts
specified in the report pursuant to subparagraphs (B) and (C)
of such paragraph are sufficient to cover both the initial
and permanent costs of relocating Department of the Navy
activities from the portion of the Complex transferred under
subsection (a). The President shall make this certification
only after consultation with the Chairman and ranking
minority member of the Committee on Armed Services and the
Committee on Appropriations of the House of Representatives
and the Chairman and ranking minority member of the Committee
on Armed Services and the Committee on Appropriations of the
Senate.
(4) Restoration of complex to navy.--If the President
certifies under paragraph (3) that amounts referred to in
subparagraphs (B) and (C) of paragraph (1) are insufficient
to cover Navy relocation costs, the Administrator of General
Services, at the request of the Secretary of the Navy, shall
restore the Complex to the administrative jurisdiction of the
Secretary of the Navy.
(5) Navy sale of complex.--If administrative jurisdiction
over the Complex is restored to the Secretary of the Navy,
the Secretary shall convey the Complex by competitive sale.
Amounts received by the United States as consideration from
any sale under this paragraph shall be deposited in the
special account in the Treasury established pursuant to
section 572(b) of title 40, United States Code.
SEC. 2842. LAND CONVEYANCE, NAVY PROPERTY, FORMER FORT
SHERIDAN, ILLINOIS.
(a) Conveyance Authorized.--The Secretary of the Navy may
convey, without consideration, to the State of Illinois, a
political subdivision of the State, or a nonprofit land
conservation organization (in this section collectively
referred to as the ``grantee''), all right, title, and
interest of the United States in and to certain
environmentally sensitive land at the former Fort Sheridan,
Illinois, consisting of mostly bluffs and ravines, for the
purpose of ensuring the permanent protection of the lands.
(b) Reversionary Interest.--If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used or maintained in accordance with the
purpose of the conveyance specified in such subsection, all
right, title, and interest in and to all or any portion of
the property shall revert, at the option of the Secretary, to
the United States, and the United States shall have the right
of immediate entry onto the property. Any determination of
the Secretary under this subsection shall be made on the
record after an opportunity for a hearing.
(c) Reconveyance Authorized.--The Secretary may permit the
grantee to convey the real property conveyed under subsection
(a) to another eligible entity described in such subsection,
subject to the same covenants and terms and conditions as
provided in the deed from the United States.
(d) Payment of Costs of Conveyance.--(1) The Secretary
shall require the grantee to cover costs to be incurred by
the Secretary, or to reimburse the Secretary for costs
incurred by the Secretary, to carry out the conveyance under
subsection (a), including survey costs, costs related to
environmental documentation, and other administrative costs
related to the conveyance. If amounts are collected from the
grantee in advance of the Secretary incurring the actual
costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyance, the
Secretary shall refund the excess amount to the grantee.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to
cover the costs incurred by the Secretary in carrying out the
conveyance. Amounts so credited shall be merged with amounts
in such fund or account, and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(e) Exemption From Federal Screening.--The conveyance
authorized by subsection (a) is exempt from the requirement
to screen the property for other Federal use pursuant to
sections 2693 and 2696 of title 10, United States Code.
(f) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary.
(g) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
(h) Use of Alternate Conveyance Authority.--In lieu of
using the authority provided by this section to convey the
real property described in subsection (a), the Secretary may
elect to include the property in a conveyance authorized by
section 2878 of title 10, United States Code, subject to such
terms, reservations, restrictions, and conditions as may be
necessary to ensure the permanent protection of the property,
if the Secretary determines that a conveyance under such
section is advantageous to the interests of the United
States.
SEC. 2843. LAND EXCHANGE, NAVAL AIR STATION, PATUXENT RIVER,
MARYLAND.
(a) Conveyance Authorized.--The Secretary of the Navy may
convey to the State of Maryland (in this section referred to
as ``State''), all right, title, and interest of the United
States in and to a parcel of real property, including
improvements thereon, consisting of approximately five acres
at Naval Air Station, Patuxent River, Maryland, and
containing the Point Lookout Lighthouse, other structures
related to the lighthouse, and an archaeological site
pertaining to the military hospital that was located on the
property during the Civil War. The conveyance shall include
artifacts pertaining to the military hospital recovered by
the Navy and held at the installation.
(b) Property Received in Exchange.--As consideration for
the conveyance of the real property under subsection (a), the
State shall convey to the United States a parcel of real
property consisting of approximately five acres located in
Point Lookout State Park, St. Mary's County, Maryland.
(c) Payment of Costs of Conveyance.--(1) The Secretary may
require the State to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred
by the Secretary, to carry out the conveyance under
subsection (a), including survey costs, costs related to
environmental documentation, relocation expenses incurred
under subsection (b), and other administrative costs related
to the conveyance. If amounts are collected from the State in
advance of the Secretary incurring the actual costs, and the
amount collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to State.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to
cover the costs incurred by the Secretary in carrying out the
conveyance. Amounts so credited shall be merged with amounts
in such fund or account, and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the properties to be conveyed under this
section shall be determined by surveys satisfactory to the
Secretary.
(e) Exemption From Federal Screening.--The conveyance
authorized by subsection (a) is exempt from the requirement
to screen the property for other Federal use pursuant to
sections 2693 and 2696 of title 10, United States Code.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyances under this section as the Secretary
considers appropriate to protect the interests of the United
States.
PART III--AIR FORCE CONVEYANCES
SEC. 2851. LAND EXCHANGE, MAXWELL AIR FORCE BASE, ALABAMA.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey to the City of
[[Page H3345]]
Montgomery, Alabama (in this section referred to as the
``City''), all right, title, and interest of the United
States in and to a parcel of real property, including
improvements thereon, consisting of all of the Maxwell
Heights Housing site at Maxwell Air Force Base, Alabama.
(b) Consideration.--(1) As consideration for the conveyance
of the real property under subsection (a), the City shall
convey to the United States a parcel of real property,
including improvements thereon, consisting of approximately
35 acres designated as project AL 6-4 that is owned by the
City and is contiguous to Maxwell Air Force Base. The
Secretary shall have jurisdiction over the real property
received under this paragraph.
(2) If the fair market value of the real property received
under paragraph (1) is less than the fair market value of the
real property conveyed under subsection (a), the Secretary
may require the City to make up the difference through the
payment of cash, the provision of in-kind consideration, or a
combination thereof, to be determined pursuant to
negotiations between the Secretary and the City.
(3) The fair market values of the real property to be
exchanged under this section shall be determined by
appraisals acceptable to the Secretary and the City.
(c) Description of Property.--The exact acreage and legal
description of the property to be conveyed under this section
shall be determined by surveys satisfactory to the Secretary.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyances under this section as the Secretary
considers appropriate to protect the interests of the United
States.
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 $9,047,700,000, to be
allocated as follows:
(1) For weapons activities, $6,577,953,000.
(2) For defense nuclear nonproliferation activities,
$1,338,147,000.
(3) For naval reactors, $797,900,000.
(4) For the Office of the Administrator for Nuclear
Security, $333,700,000.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out,
for weapons activities, the following new plant projects:
Project 05-D-140, project engineering and design, various
locations, $11,600,000.
Project 05-D-160, facilities and infrastructure
recapitalization program, project engineering and design,
various locations, $8,700,000.
Project 05-D-170, project engineering and design,
safeguards and security, various locations, $17,000,000.
Project 05-D-401, production bays upgrade, Pantex Plant,
Amarillo, Texas, $25,100,000.
Project 05-D-402, beryllium capability project, Y-12
national security complex, Oak Ridge, Tennessee, $3,627,000.
Project 05-D-601, compressed air upgrades project, Y-12
national security complex, Oak Ridge, Tennessee, $4,400,000.
Project 05-D-602, power grid infrastructure upgrade, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$10,000,000.
Project 05-D-603, new master substation, Sandia National
Laboratories, Albuquerque, New Mexico, $600,000.
Project 05-D-701, security perimeter, Los Alamos National
Laboratory, Los Alamos, New Mexico, $20,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2005 for environmental
management activities in carrying out programs necessary for
national security in the amount of $6,863,307,000, to be
allocated as follows:
(1) For defense site acceleration completion,
$5,876,837,000.
(2) For defense environmental services, $986,470,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2005 for other defense
activities in carrying out programs necessary for national
security in the amount of $658,618,000.
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 $131,000,000.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN
SCIENTIFIC, ENGINEERING, AND TECHNICAL
PERSONNEL.
Section 4601 of the Atomic Energy Defense Act (50 U.S.C.
2701) is amended by striking ``September 30, 2004'' and
inserting ``September 30, 2006''.
SEC. 3112. REQUIREMENTS FOR BASELINE OF PROJECTS UNDER
FACILITIES AND INFRASTRUCTURE RECAPITALIZATION
PROGRAM.
Subsection (a) of section 3114 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136;
117 Stat. 1744; 50 U.S.C. 2453 note) is amended--
(1) in paragraph (1) by inserting ``of a baseline'' after
``selection''; and
(2) by amending paragraph (2) to read as follows:
``(2)(A) After December 31, 2004, a project may be added to
or removed from the Facilities and Infrastructure
Recapitalization Program only after the Administrator submits
to the congressional defense committees a notice that the
Administrator has identified such project for addition or
removal and has approved such addition or removal as a
modification to the baseline for that program.
``(B) The Administrator may not obligate funds for any
project added under subparagraph (A) until a period of 60
days has elapsed after the date on which such committees
receive the notice under subparagraph (A) with respect to
that project.
``(C) The authority of the Administrator to identify and
approve under subparagraph (A) may not be delegated.''.
Subtitle C--Other Matters
SEC. 3131. TRANSFERS AND REPROGRAMMINGS OF NATIONAL NUCLEAR
SECURITY ADMINISTRATION FUNDS.
Section 3252 of the National Nuclear Security
Administration Act (50 U.S.C. 2452) is amended by adding at
the end the following new subsection:
``(d) Transfer and Reprogramming Process.--(1) The
Administrator shall have sole jurisdiction within the
Department of Energy to submit to Congress or the appropriate
congressional committees a notice of, or request for, a
transfer or reprogramming of funds of the Administration.
``(2) The functions of the Chief Financial Officer of the
Department of Energy shall not apply to a notice or request
described in paragraph (1), except to certify whether the
funds covered by such notice or request are available.''.
SEC. 3132. NATIONAL ACADEMY OF SCIENCES STUDY ON MANAGEMENT
BY DEPARTMENT OF ENERGY OF HIGH-LEVEL
RADIOACTIVE WASTE.
(a) Review Required.--The Secretary of Energy shall enter
into an arrangement with the National Research Council of the
National Academy of Sciences to carry out a study of the
plans of the Department of Energy to manage the waste streams
specified in subsection (b) that are not currently planned
for disposal in a high-level repository.
(b) Covered Waste Streams.--The waste streams referred to
in subsection (a) are the streams of high-level radioactive
waste at--
(1) the Savannah River Site, South Carolina;
(2) the Idaho National Engineering Laboratory, Idaho; and
(3) the Hanford Reservation, Washington.
(c) Matters Included.--The study required by subsection (a)
shall evaluate--
(1) the physical, chemical, and radiological
characteristics of the waste referred to in subsection (b),
including specifically the waste proposed to be left
indefinitely in storage tanks;
(2) the probability that such waste, if left indefinitely
in storage tanks, will leak into the environment and the
range of potential dangers such leakage would represent;
(3) the plans of the Department for the disposal of the
high-level radioactive waste that the Department had planned,
before certain litigation in Federal district court in 2003
on ``Waste Incidental to Reprocessing'', to reclassify as
low-level waste;
(4) treatment and disposal alternatives to the plans
referred to in paragraph (3), including, for each such
alternative, assessments of the technology approaches and of
the implications with respect to cost, worker safety, and
long-term environmental and human health;
(5) the adequacy of the plans referred to in subsection
(a), including Department of Energy Order No. 435.1, to
protect, for the long term, the environment and population
surrounding each site referred to in subsection (b); and
(6) any other matters that the National Research Council
considers appropriate and directly related to the subject
matter of the study.
(d) Recommendations Required.--In carrying out the study,
the National Research Council shall develop recommendations
relating to the subject matter of the study. The
recommendations shall include--
(1) recommendations for improving the scientific basis for
managing the waste covered by the study, including
alternative criteria for determining what waste should be
managed as ``Waste Incidental to Reprocessing''; and
(2) any other recommendations that the National Research
Council considers appropriate and directly related to the
subject matter of the study.
(e) Reports.--The National Research Council shall submit to
the Secretary of Energy and the congressional defense
committees--
(1) not later than six months after entering into the
arrangement required by subsection (a), an interim report on
the study with respect to the waste proposed to be left
indefinitely in storage tanks, including the tentative
findings, conclusions, and recommendations with respect to
such waste; and
(2) not later than one year after entering into the
arrangement required by subsection (a), a final report on the
study, including all findings, conclusions, and
recommendations.
(f) Provision of Information.--The Secretary shall make
available to the National Research Council all information
that the National Research Council considers necessary to
carry out, in a timely manner, its responsibilities under
this section.
(g) Funding.--Of the amounts authorized to be appropriated
to the Department of Energy by
[[Page H3346]]
section 3102, $1,500,000 shall be available only for carrying
out the study required by this section.
SEC. 3133. CONTRACT TO REVIEW WASTE ISOLATION PILOT PLANT,
NEW MEXICO.
The Secretary of Energy shall enter into a contract to
conduct independent reviews and evaluations of the design,
construction, and operations of the Waste Isolation Pilot
Plant in New Mexico as they relate to the protection of the
public health and safety and the environment. The contract
shall be for a period of one year and shall be renewable for
four additional one-year periods, subject to the
authorization and appropriation of funds for such purpose.
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. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE
FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year
2005, the National Defense Stockpile Manager may obligate up
to $59,700,000 of the funds in the National Defense Stockpile
Transaction Fund established under subsection (a) of section
9 of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98h) for the authorized uses of such funds under
subsection (b)(2) of such section, including the disposal of
hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile
Manager may obligate amounts in excess of the amount
specified in subsection (a) if the National Defense Stockpile
Manager notifies Congress that extraordinary or emergency
conditions necessitate the additional obligations. The
National Defense Stockpile Manager may make the additional
obligations described in the notification after the end of
the 45-day period beginning on the date on which Congress
receives the notification.
(c) Limitations.--The authorities provided by this section
shall be subject to such limitations as may be provided in
appropriations Acts.
SEC. 3302. RELAXATION OF QUANTITY RESTRICTIONS ON DISPOSAL OF
MANGANESE FERRO IN NATIONAL DEFENSE STOCKPILE.
Section 3306(a) of the National Defense Authorization Act
for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1391; 50
U.S.C. 98d note) is amended--
(1) in paragraph (3), by striking ``each of the fiscal
years 2004 and 2005'' and inserting ``fiscal year 2004''; and
(2) by adding at the end the following new paragraph:
``(4) During fiscal year 2005, 100,000 short tons of high
carbon manganese ferro of the highest grade.
SEC. 3303. REVISION OF EARLIER AUTHORITY TO DISPOSE OF
CERTAIN MATERIALS IN NATIONAL DEFENSE
STOCKPILE.
Section 3303(a) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
50 U.S.C. 98d note) is amended by striking paragraphs (4) and
(5) and inserting the following new paragraphs:
``(4) $785,000,000 by the end of fiscal year 2005; and
``(5) $870,000,000 by the end of fiscal year 2009.''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are hereby
authorized to be appropriated to the Secretary of Energy
$20,000,000 for fiscal year 2005 for the purpose of carrying
out activities under chapter 641 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall
remain available until expended.
TITLE XXXV--MARITIME ADMINISTRATION
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR MARITIME
ADMINISTRATION.
There are authorized to be appropriated to the Secretary of
Transportation for the Maritime Administration for fiscal
year 2005 (in lieu of amounts authorized for the same
purposes by section 3511 of the National Defense
Authorization Act for Fiscal Year 2004)--
(1) for expenses necessary for operations and training
activities, $109,300,000;
(2) for administrative expenses under the loan guarantee
program authorized by title XI of the Merchant Marine Act,
1936 (46 U.S.C. App. 1271 et seq.), $4,764,000; and
(3) for ship disposal, $35,000,000, of which $2,000,000
shall be for decommissioning, removal, and disposal of the
nuclear reactor and hazardous materials on board the vessel
SAVANNAH.
SEC. 3502. EXTENSION OF AUTHORITY TO PROVIDE WAR RISK
INSURANCE FOR MERCHANT MARINE VESSELS.
(a) Extension.-- Section 1214 of the Merchant Marine Act,
1936 (46 U.S.C. App. 1294), is amended by striking ``June 30,
2005'' and inserting ``December 31, 2010''.
(b) Investment of Assets in Insurance Fund.--Section
1208(a) of such Act (46 U.S.C. App. 1288), is amended by
striking the third sentence and inserting the following:
``The Secretary of Transportation may request the Secretary
of the Treasury to invest such portion of the Fund as is not,
in the judgment of the Secretary of Transportation, required
to meet the current needs of the fund. Such investments shall
be made by the Secretary of the Treasury in public debt
securities of the United States, with maturities suitable to
the needs of the fund, and bearing interest rates determined
by the Secretary of the Treasury, taking into consideration
current market yields on outstanding marketable obligations
of the United States of comparable maturity.''.
The CHAIRMAN pro tempore. No amendment to the committee amendment in
the nature of a substitute shall be in order except those printed in
House Report 108-499 and amendments en bloc described in Section 3 of
House Resolution 648.
Each amendment printed in the report shall be offered only in the
order printed, except as specified in Section 4 of the resolution, may
be offered only by a Member designated in the report, shall be
considered read, and shall not be subject to a demand for division of
the question. Each amendment shall be debatable for 10 minutes, unless
otherwise specified in the report, equally divided and controlled by
the proponent and an opponent, and shall not be subject to amendment,
except that the chairman and ranking minority member of the Committee
on Armed Services each may offer one pro forma amendment for the
purpose of further debate on any pending amendment.
It shall be in order at any time for the chairman of the Committee on
Armed Services or his designee to offer amendments en bloc consisting
of amendments printed in the report not earlier disposed of. Amendments
en bloc shall be considered read, shall be debatable for 20 minutes,
equally divided and controlled by the chairman and ranking minority
member or their designees, shall not be subject to amendment, and shall
not be subject to a demand for division of the question.
The original proponent of an amendment included in amendments en bloc
may insert a statement in the Congressional Record immediately before
disposition of the amendments en bloc.
The Chairman of the Committee of the Whole may recognize for
consideration any amendment printed in the report out of the order
printed, but not sooner than 1 hour after the chairman of the Committee
on Armed Services or a designee announces from the floor a request to
that effect.
It is now in order to consider amendment No. 1 printed in House
Report 108-499.
Amendment No. 1 Offered by Mr. Goode
Mr. GOODE. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 1 offered by Mr. Goode:
At the end of title X, insert the following new section:
SEC. __. ASSIGNMENT OF MEMBERS TO ASSIST BUREAU OF BORDER
SECURITY AND BUREAU OF CITIZENSHIP AND
IMMIGRATION SERVICES OF THE DEPARTMENT OF
HOMELAND SECURITY.
(a) Assignment Authority of Secretary of Defense.--Chapter
18 of title 10, United States Code, is amended by inserting
after section 374 the following new section:
``Sec. 374a. Assignment of members to assist border patrol
and control
``(a) Assignment Authorized.--Upon submission of a request
consistent with subsection (b), the Secretary of Defense may
assign members of the Army, Navy, Air Force, and Marine Corps
to assist--
``(1) the Bureau of Border Security of the Department of
Homeland Security in preventing the entry of terrorists, drug
traffickers, and illegal aliens into the United States; and
``(2) the United States Customs Service of the Department
of Homeland Security in the inspection of cargo, vehicles,
and aircraft at points of entry into the United States to
prevent the entry of weapons of mass destruction, components
of weapons of mass destruction, prohibited narcotics or
drugs, or other terrorist or drug trafficking items.
``(b) Request for Assignment.--The assignment of members
under subsection (a) may occur only if--
``(1) the assignment is at the request of the Secretary of
Homeland Security; and
``(2) the request is accompanied by a certification by the
Secretary of Homeland Security that the assignment of members
pursuant to the request is necessary to respond to a threat
to national security posed by the entry into the United
States of terrorists, drug traffickers, or illegal aliens.
``(c) Training Program Required.--The Secretary of Homeland
Security and the Secretary of Defense, shall establish a
training program to ensure that members receive general
instruction regarding issues affecting law enforcement in the
border areas in which the members may perform duties
[[Page H3347]]
under an assignment under subsection (a). A member may not be
deployed at a border location pursuant to an assignment under
subsection (a) until the member has successfully completed
the training program.
``(d) Conditions of Use.--(1) Whenever a member who is
assigned under subsection (a) to assist the Bureau of Border
Security or the United States Customs Service is performing
duties at a border location pursuant to the assignment, a
civilian law enforcement officer from the agency concerned
shall accompany the member.
``(2) Nothing in this section shall be construed to--
``(A) authorize a member assigned under subsection (a) to
conduct a search, seizure, or other similar law enforcement
activity or to make an arrest; and
``(B) supersede section 1385 of title 18 (popularly known
as the `Posse Comitatus Act').
``(e) Establishment of Ongoing Joint Task Forces.--(1) The
Secretary of Homeland Security may establish ongoing joint
task forces if the Secretary of Homeland Security determines
that the joint task force, and the assignment of members to
the joint task force, is necessary to respond to a threat to
national security posed by the entry into the United States
of terrorists, drug traffickers, or illegal aliens.
``(2) If established, the joint task force shall fully
comply with the standards as set forth in this section.
``(f) Notification Requirements.--The Secretary of Homeland
Security shall provide to the Governor of the State in which
members are to be deployed pursuant to an assignment under
subsection (a) and to local governments in the deployment
area notification of the deployment of the members to assist
the Department of Homeland Security under this section and
the types of tasks to be performed by the members.
``(g) Reimbursement Requirement.--Section 377 of this title
shall apply in the case of members assigned under subsection
(a).
``(h) Termination of Authority.--No assignment may be made
or continued under subsection (a) after September 30,
2006.''.
(b) Commencement of Training Program.--The training program
required by subsection (c) of section 374a of title 10,
United States Code, as added by subsection (a), shall be
established as soon as practicable after the date of the
enactment of this Act.
(c) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 374 the following new item:
``374a. Assignment of members to assist border patrol and control.''.
The CHAIRMAN pro tempore. Pursuant to House Resolution 648, the
gentleman from Virginia (Mr. Goode) and a Member opposed each will
control 10 minutes.
The Chair recognizes the gentleman from Virginia (Mr. Goode).
Mr. GOODE. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise in support of this amendment. This amendment is
a very simple amendment that would authorize the Secretary of Defense
to assign members of our Armed Forces to assist the Department of
Homeland Security in controlling and patrolling our borders. If troops
were needed, they could be of significant assistance to prevent the
infiltration of terrorists, drug traffickers, and illegal aliens, and
could prevent the entry of weapons of mass destruction into our
country.
I emphasize that this is optional, but it would be available with
this amendment and would put to rest any case law or any arguments to
the contrary about the ability of the executive branch to utilize
troops on our border.
Mr. Chairman, I reserve the balance of my time.
Mr. REYES. Mr. Chairman, I rise to claim the time in opposition to
the amendment.
The CHAIRMAN pro tempore. The gentleman from Texas (Mr. Reyes) is
recognized for 10 minutes.
Mr. REYES. Mr. Chairman, I yield myself such time as I may consume.
I am opposed to the amendment offered by the gentleman from Virginia
(Mr. Goode), my good friend and colleague. In fact, we came to Congress
together, and as my colleague knows, I spent more than 26 years in
Federal law enforcement on the border between the United States and
Mexico.
I was on the front lines of our Nation's war on drugs and against
terrorism. I know how difficult it is to patrol and to secure our
Nation's borders. And I know the need for additional resources and I
surely understand the realities of the gentleman from Virginia's (Mr.
Goode) concerns.
As a combat veteran and as a member of the Committee on Armed
Services and as an experienced Border Patrol agent, I understand and I
appreciate the concerns of the gentleman from Virginia. However, I rise
in opposition to this amendment because it is simply the wrong solution
to our current problems along the border.
This amendment will send our military personnel to our borders at a
time when they are already stretched thin in places like Iraq,
Afghanistan, Korea, Kosovo, Bosnia, and over 100 other countries around
the world. We cannot and we should not ask our military personnel to
patrol our borders.
If this Congress wants to secure our borders, then let us deploy
additional law enforcement officers to the border, but let us do it the
right way. Let us make a commitment to hire and train 20,000 Border
Patrol agents or 1,000 agents a year to be deployed along our borders
until we fully staff our ports of entry and in between our ports of
entry with Border Patrol agents and Customs personnel.
We should not use military personnel for these kinds of jobs. We need
our military to be at their best. Patrolling our borders against
illegal immigration and against drug trafficking has very minimal
military value and detracts from the training with our warfighting
equipment for our warfighting missions. It will also lead to decreased
military training, which reduces unit readiness and overall combat
effectiveness of our armed services.
We in Congress are very concerned about protecting our men and women
in uniform from threats such as the improvised explosive devices. I
submit that this amendment is an improvised explosive device except
that instead of an IED, it is ill-advised, expensive, and detrimental
to border communities in particular.
The Department of Defense, as we all know, is opposed to this
amendment, has been opposed to this amendment year after year, every
time it comes on this floor. Currently, requests for DOD support can be
made to the Secretary of Defense either directly by a Cabinet member or
through the President. The Department of Defense already plays a
significant role in supporting the defense of our border, if not
through armed personnel, then through activities in technology.
UAVs supporting border security are based at Fort Wachuka, Arizona.
Other support comes from essential units such as the Joint Task Force 6
headquarters based in my district. It provides critical training to law
enforcement personnel along the border, including engineering, barrier
fencing, and lighting.
And while today, Mr. Chairman, I may not agree with the gentleman
from Virginia, I do know that what he wants to do is the right thing
for our country. I would, therefore, ask him now to join with me and
find a way to place additional professional law enforcement personnel
on the border and not military personnel that are already stretched so
thin throughout the world.
Mr. Chairman, I reserve the balance of my time.
Mr. GOODE. Mr. Chairman, I yield 2\1/2\ minutes to the distinguished
gentleman from North Carolina (Mr. Jones), a fighter for veterans and
soldiers.
Mr. JONES of North Carolina. Mr. Chairman, I appreciate the
gentleman's amendment. And to the gentleman from Texas (Mr. Reyes), and
he is a friend of mine, I just happen to disagree on this issue because
as the gentleman from Virginia (Mr. Goode) explained, this amendment
would not require the use of the troops on the border. It would just
give an option to the Department of Defense and Homeland Security.
So this is not mandating that troops be on the border. It is just
saying that this is an option.
And in fairness to the gentleman from Virginia (Mr. Goode), I must
say that this is of great concern to the people of this country. In
fact, 85 percent of Americans think illegal immigration is a serious
problem.
{time} 1700
That is why the gentleman from Virginia (Mr. Goode) has offered this
amendment. We only have, and the gentleman from Texas (Mr. Reyes) spoke
to this, about 11,000 Border Patrol that patrol the Mexican border and
the Canadian border, the 1,100 agents on the Canadian border and 9,900
agents on the Mexican border. There are a total of 7,000 miles, about
2,000 Mexican miles and 5,000 Canadian miles.
This, again, is not an amendment that people should see as an
amendment that is trying to do anything but
[[Page H3348]]
help the national security of this Nation. This has nothing to do with
people that want to come to this country legally. They will be welcome,
as always. This has to do with people that want to come, either through
the Canadian or Mexican border, to this country illegally.
I must say that this is a time when we are at war with terrorists
over in Afghanistan, Iraq and other parts of the world. We know that
there is a presence of terrorists down in Central and South America. We
know this for a fact.
So I think, if anything, this amendment should be seen as it is: it
is an option for the Secretary of Defense and the Secretary of Homeland
Security, should they come together and decide it is necessary to help
secure the boarders, so we can protect the American people from
possible threats from terrorists or narco-terrorists or anyone that
might want to come to this country illegally.
Again, as I close, I want to say that this is an amendment that gives
an option, it does not mandate, it gives an option to those who are
required to help protect the national security of the American people.
Mr. Chairman, I hope my colleagues on both sides of the aisle will
look at this amendment for what it is.
Mr. REYES. Mr. Chairman, I yield 1 minute to the gentleman from
Missouri (Mr. Skelton), our distinguished ranking member from the
Committee on Armed Services.
Mr. SKELTON. Mr. Chairman, all one has to do is listen to the debate
that we have had on this floor today. We are short of troops in the
United States Army. We help correct that in this bill by authorizing,
through the supplemental, 10,000 additional Army troops, 3,000
additional Marine troops; and, hopefully, this will continue for the
next 3 years.
We are short of troops. Go anywhere you can and talk to our soldiers,
whether it be here within the continental United States, Fort Leonard
Wood, or wherever, Fort Jackson, you pick it, or go somewhere overseas;
go to Iraq, Afghanistan, and talk to those young folks in uniform. They
are stretched, and they are strained. As a matter of fact, we brought
it up on the floor earlier today; 4,000 Army soldiers are being
transferred out of South Korea, a brigade, into Iraq.
This is exhibit A. It is not a good idea to do this. This is for
Border Patrol and police work.
Mr. GOODE. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from Georgia (Mr. Deal).
Mr. DEAL of Georgia. Mr. Chairman, I thank the gentleman for yielding
me time.
Mr. Chairman, for almost the past 3 years, this Congress and this
Nation have been intent on what do we do to protect our homeland. In
that same period of time, we have sent military forces to protect the
boarders of Kuwait, Afghanistan, Iraq, the Balkans and you name it. And
the great irony that persists in the minds of the American people is,
why can we not secure our own borders?
I have been to JADF-6 with the gentleman from Texas (Mr. Reyes), and
what the military told me there was that some of the most valuable
training that the helicopter pilots and others had was when they worked
in cooperation at JADF-6, because the terrain and the training they
received in trying to patrol the borders, in cooperation with the
Border Patrol and other civilian police, was the most valuable training
they had.
Right now, when we train our military forces, we divide them up into
those who are going to be the aggressors to see if they can penetrate
the lines in a training exercise. Every day we have thousands of
aggressors who penetrate our border. Every year we have hundreds of
thousands who penetrate our border. The American people want to know
why are we allowing that to happen.
The greatest training we could give to our Reserve and National
Guard, and even our active duty forces in some instances, would be to
work in cooperation with our civilian law enforcement to try to make
sure that our borders are secure.
Now, what is wrong with that? That is the question the American
people are asking. We have a chance to answer it by saying we are going
to do something about it by passing this amendment.
Mr. REYES. Mr. Chairman, I yield 1 minute to my good friend, the
gentleman from California (Mr. Cunningham), who knows and understands
the issues that border communities have to face.
Mr. CUNNINGHAM. Mr. Chairman, I come from a border area, San Diego,
California; and we have thousands come across our border, not just from
Mexico, from other places as well.
I used to think this was a good amendment, until you start thinking
about it. You just do not send a Marine or someone in the Army to the
border. You have to provide bivouacs, food, transportation, hospitals,
training; and by the time you look at the cost, we are much better off
to put additional money into trained Border Patrol, in my opinion.
There is a need for border security. That is real, and that is why my
friends, I am sure out of frustration, are offering this amendment, and
it is a good-intentioned amendment. But when you take a look at what it
actually does, with our military so thin today and so drawn out, it
would be disastrous, I think, for our men and women in the service
itself.
I have heard people say that people coming across the border
illegally do not have rights. They do. And you need people that are
trained in that manner to know what those rights are, to be able to say
``alto'' when necessary, and to understand the people that are coming
across.
Mr. GOODE. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman from
Colorado (Mr. Tancredo).
Mr. TANCREDO. Mr. Chairman, I thank the gentleman for yielding me
time.
Mr. Chairman, I would like to relate an incident that I think is very
helpful in understanding this situation and also the effectiveness of
an amendment of this nature. A little over a year and a half ago, I had
the opportunity to observe an exercise on the northern border, our
northern border with Canada. It was in a place about 10 miles north of
a place called Bonner's Ferry, Idaho.
This exercise was 2 weeks in duration, and it was trying to determine
to what extent we could use the military, in this case 100 Marines, for
the purpose of trying to defend about 100 miles of border. They were
not just 100 Marines. There were three UAVs, three unmanned aerial
vehicles they used, and also two radar stations.
While I was there, I observed the UAVs picking up four people coming
across on all-terrain vehicles carrying 400 pounds of drugs. A little
bit later they caught a plane trying to come in under the radar; but it
could not, and we interdicted it.
Let me explain what this meant. The Marines themselves did no
interdictions. They had nothing to do with stopping the actual people
who were coming across. But they were working in concert with the
Forest Service and the Border Patrol. So when they identified the
problem, they simply radioed for help from the Border Patrol, the
Border Patrol got in a helicopter, came down where they were supposed
to, and interdicted the people. That is the way it worked.
At the end of the 2 weeks, I have the distinct feeling, and I guess
you have to believe what I observed there, that nothing came across
that 100 miles of border without us knowing about it.
At the end of the 2 weeks, as we were leaving, the commandant of that
Marine detachment of 100 Marines said to me, this is the best exercise
we have ever, ever had. This is the best training we have ever done,
because, he said, number one, it is real-time; number two, we are
trying to stop real bad guys from coming into our country; and, he
said, number three, it is in the most difficult terrain in the world.
If you have been close to Bonner's Ferry, Idaho, it is beautiful; but
it is absolutely the most difficult terrain you can imagine. No roads.
So we can do it. The question is whether or not we have the will to
do it. That is what a vote on this amendment will establish.
Mr. REYES. Mr. Chairman, I yield myself such time as I may consume.
It appears to me, Mr. Chairman, we are talking on one level, and my
colleagues are talking on another level. We are saying that we do not
have the military resources and do not have the
[[Page H3349]]
luxury of doing exactly what my colleague from Colorado just talked
about.
Mr. Chairman, I yield 1 minute to the distinguished gentleman from
Texas (Mr. Ortiz), a former sheriff who knows and understands and lives
in a border community.
Mr. ORTIZ. Mr. Chairman, with all my respect to my good friend from
Virginia, I understand about our borders; but there is a right way to
do it and a wrong way to do it.
To begin with, I think that my ranking member just stated that we are
moving 3,600 troops from Korea to Iraq because we do not have enough
troops. Can you imagine what kind of signal this is sending to our
friends in South Korea, what kind of signal it is sending to our
friends in the Pacific Ring, that we are removing those troops because
we do not have enough now?
I have been on both sides. I have been a law enforcement official,
and I have been in the military. The Border Patrol has an extensive
training school to deal with human beings. As a military guy, when I
was in the military, they trained me how to kill people, especially the
enemy.
So I do not think this is the way to do it, with all due respect. If
we think we need to protect our borders more, the answer is hire more
Border Patrol personnel or immigration.
Mr. GOODE. Mr. Chairman, I yield 2 minutes to the gentleman from New
Jersey (Mr. Saxton), the chairman of the Committee on Armed Services
Subcommittee on Terrorism, Unconventional Threats and Capabilities.
Mr. SAXTON. Mr. Chairman, I thank the gentleman for yielding me time.
Mr. Chairman, I rise in support of the amendment being offered by the
gentleman from Virginia (Mr. Goode).
Mr. Chairman, during the 1980s, and during the 1990s, there were many
of us who warned that some day terrorism would be an issue that we
would have to deal with in this country. Today, reports indicate that
terrorist groups are functioning in parts of South America, as well as
Mexico, in an effort to cross through the U.S.-Mexican border. It is
clear that all possible steps must be taken in order to prevent this.
I would point out that both in Colombia and in the tri-border area,
which is an area where the borders of Argentina, Paraguay and Brazil
meet, there are large numbers of people who offer the potential to
become a serious problem in our country. If anyone doubts that, there
are two books that have recently been published by the Rand
Corporation: ``Arms Trafficking and Colombia,'' and ``Colombian
Labyrinth: The Synergy of Drugs and Insurgency and Its Implications for
Regional Stability.''
These are serious issues. This amendment will accomplish the desired
goal by providing the Department of Defense and our Commander in Chief
the option of using military force to secure the border if it becomes
necessary.
This amendment does not require the use of troops on the border, and
will, most importantly, not affect force-readiness or overburden our
military. Instead, it will enable the Secretary of Defense to respond
to a request by the Secretary of Homeland Security to allow the use of
military personnel to defend against this national security threat.
Just as many people did not want to hear it in the 1980s and people
did not want to hear it in the 1990s, and then 2001 occurred, this is a
new area of concern which must be dealt with.
The Secretary will also have the ability to authorize assistance for
the U.S. Customs Service to prevent entry of weapons of mass
destruction, drugs and other terrorist items.
Finally, this amendment is a commonsense approach which will give the
highest levels of our government an important tool necessary to combat
threats against our national security here at home.
{time} 1715
I commend the gentleman from Virginia (Mr. Goode) for bringing it
forward, and I urge my colleagues to support it.
Mr. REYES. Mr. Chairman, I yield myself such time as I may consume. I
would just say to my colleague, the argument is made here that the
effort in Iraq is part of homeland security and extending protection of
our homeland there. Now we are hearing comments that this proposal
retracts that to the homeland security border. We cannot have it both
ways.
Mr. Chairman, I yield 1 minute to the gentlewoman from Houston, Texas
(Ms. Jackson-Lee), who has made repeated trips to the border and knows
and understands what these issues mean to border communities.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the distinguished
gentleman.
We have spent a number of hours, days, months and years focusing on
the border issues, both north and south. I thank the distinguished
gentleman from Texas (Mr. Reyes) for his leadership.
Let me say what the issues are to the American public and to my
colleagues. We already have the authority for the civilian government
to call in the United States military in times of danger or in need.
Secondarily, we are undermining the very fine Border Patrol agents
and law enforcement agents who are prepared to defend our borders with
the necessary resources and the necessary equipment.
Listening to the deputy chief of Border Patrol in our testimony
yesterday in the Committee on the Judiciary, in a hearing, he is
prepared and equipped. We just need the resources.
Lastly, this is not a Nation that wants to have a standing military
at our border and to jeopardize both the lives of our military and
others at these borders. We are able to handle this matter with the
civilian forces we have, adding more resources. And I would frankly
say, this is both bad policy and bad judgment, and it is frankly un-
American.
I would ask my colleagues to vote against this amendment and I
appreciate the interest that is given to this particular topic.
Mr. REYES. Mr. Chairman, I am prepared to close.
The CHAIRMAN pro tempore (Mr. Sweeney). The gentleman is recognized
for a 1\1/2\ minutes.
Mr. REYES. Mr. Chairman, who has the right to close?
The CHAIRMAN pro tempore. The other side has closed. The gentleman
from Texas (Mr. Reyes) has the right to close.
Mr. REYES. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, this bill before us provides for cooperation between
our Armed Forces and Federal law enforcement agencies to combat
terrorism, drug trafficking, and illegal immigration.
Recent history shows us that there is no impediment to cooperation
between the Department of Defense, that is opposed to this amendment,
and our border law enforcement agencies.
It is also worth remembering and reiterating that in the event of a
crisis, the President already has the authority. Let me repeat, the
President today already has the authority to place our military assets
or whatever assets he deems necessary and move them to protect the
homeland. It is for these reasons that the Department of Defense has
always opposed this amendment whenever it has been presented here on
the House floor.
Essentially, the amendment grants the Secretary of Defense any
authority that he already has under title 10 of the U.S. Code.
For that reason, Mr. Chairman, it is imperative that we understand
that we cannot continue to debate an issue that further stresses and
further puts military personnel in a situation that compounds and
exacerbates the already evident pressure of our armed services. It is
important that our colleagues understand that a vote for this amendment
is a vote that may feel good, that may seem right, that may be
politically expedient, but it is not the right thing to do.
I urge all of my colleagues to vote against the Goode amendment.
The CHAIRMAN pro tempore. All time has expired on this amendment.
The question is on the amendment offered by the gentleman from
Virginia (Mr. Goode).
The question was taken; and the Chairman pro tempore announced that
the noes appeared to have it.
Mr. GOODE. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered
[[Page H3350]]
by the gentleman from Virginia (Mr. Goode) will be postponed.
Amendment No. 2 Offered by Mrs. Davis of California
Mrs. DAVIS of California. Mr. Chairman, I offer an amendment.
The Chairman pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 2 offered by Mrs. Davis of California:
Add at the end of title VII the following new section:
SEC. 723. LIMITING RESTRICTION OF USE OF DEPARTMENT OF
DEFENSE MEDICAL FACILITIES TO PERFORM ABORTIONS
TO FACILITIES IN THE UNITED STATES.
Section 1093(b) of title 10, United States Code, is amended
by inserting ``in the United States'' after ``Defense''.
The CHAIRMAN pro tempore. Pursuant to House Resolution 648, the
gentlewoman from California (Mrs. Davis) and the gentleman from Kansas
(Mr. Ryun) each will control 10 minutes.
The Chair recognizes the gentlewoman from California (Mrs. Davis).
Mrs. DAVIS of California. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, this amendment allows military personnel and their
family members serving overseas to use their own funds to obtain safe,
legal abortion service in overseas U.S. military hospitals.
As a former military spouse who lived overseas, I understand what
this amendment means for the more than 100,000 women who presently
reside on overseas military bases.
Current law leaves our servicewomen with two grim options. They can
go home after they receive authorization and find space on a military
transport or they can seek an abortion in an unsafe, unsanitary foreign
hospital. Any way you look at it, both options force them to gamble
their health.
These women, who have already sacrificed so much, must also forfeit
their privacy, their health and the very liberties they are fighting to
protect. I believe, Mr. Chairman, that they deserve better.
So let me clarify a few points about this amendment. No Federal funds
would be used. This amendment affects only U.S. military facilities
overseas and it does not violate host country laws. It does not compel
any doctor who opposes abortion on principle to perform one. It will,
however, open up reproductive services at bases in countries where
abortion is legal.
I hope Members will support our servicewomen by supporting the Davis-
Sanchez-Harmon amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. RYUN of Kansas. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I stand in strong opposition to the Davis amendment.
This amendment would simply turn our military hospitals overseas into
abortion clinics by allowing self-funded abortions. Currently, self-
funded abortions are already available in these institutions when the
life of the mother is in danger and when the pregnancy is as a result
of rape or incest.
There is no demonstrated need for expanding abortion access. This
amendment does not seek to address an operational requirement or ensure
access to an entitlement. It is simply aimed at introducing this very
contentious and divisive issue into the defense authorization process.
Proponents of this amendment often claim that female service members
and dependents overseas are denied equal access to health care,
effectively putting their life and health in harm's way. Simply wrong.
If a woman chooses to have an abortion at an abortion clinic, they are
accessible overseas. If a woman prefers to have an abortion in the
United States, that is available to her under current law.
Although this amendment is presented by the other side as providing
for solely self-funded abortions, the fact is the American taxpayer
will be forced to pay for the use of the military facility, the
procurement of additional equipment needed to perform abortions, and
the use of military personnel to perform abortions.
Military doctors did not sign up to end a baby's life. They joined up
to save the lives of servicemen and women. It would be wrong for
Congress to force these doctors to perform a procedure that many may
feel morally objectionable.
I ask my colleagues to vote against the turning of our military
hospitals into abortion clinics and to vote against the Davis
amendment.
Mr. Chairman, I reserve the balance of my time.
Mrs. DAVIS of California. Mr. Chairman, I yield 2 minutes to the
gentlewoman from California (Ms. Loretta Sanchez), who has championed
this issue for many years.
Ms. LORETTA SANCHEZ of California. Mr. Chairman, I thank the
gentlewoman from California (Mrs. Davis) for introducing this important
and very necessary amendment.
Members of the Armed Forces are entitled to a quality of life equal
to that of the Nation they are pledged to defend. Whether you are
prochoice or prolife, agree or disagree with the merits of reproductive
freedom, the fact remains, women of the United States have a
constitutional right to these services.
I want to read a little excerpt from a letter I received from a
general in the Army who goes on to say, ``One day, a noncommissioned
officer, an NCO, who was one of the battalion's senior women, came into
my office and asked for permission to take a day off later in the week
and to have the same take-off for a young soldier in the battalion. She
said the soldier was pregnant and wanted an abortion and yet had no way
to get an abortion at the U.S. Army medical facility in Germany where
they were stationed.
``She had got information about a German clinic in another city, and
they were going there for the procedure. The soldier did not have
enough money to return to the U.S., saved for the abortion, nor did she
want to talk to her chain of command about this issue. I told the NCO
to go with her and to let me know what happened.
``Later, the NCO told me that the experience had been both mortifying
and painful. No painkiller of any sort was administered for the
procedure. The modesty of this soldier and the other women at the
clinic had been violated due to cultural differences, and neither she
nor the soldier understood German.''
It was a problem. It was a bad experience for all that, at a very
vulnerable time, this American who was serving her country overseas
could not count on the Army to give her the care that she needed.
What makes the situation of a soldier different from that of a
civilian woman? She is subject to the orders of the officers appointed
over here. Every hour of the day belongs to the U.S. Army and she must
have her seniors' permission to leave her place of duty. She makes very
low pay and so relies on the help of friends and family to pay for
travel for medical care that is not given by the Army.
I urge my colleagues to vote for this amendment.
Mr. RYUN of Kansas. Mr. Chairman, I yield 1 minute to the gentleman
from Missouri (Mr. Akin).
Mr. AKIN. Mr. Chairman, once again, we come to the floor of this body
to debate the issue of abortion in overseas military hospitals, and
once again, we must do honor to the consciences of military caregivers
and to the taxpayers who fund these facilities. Young men and women
entering the medical divisions of the armed services are dedicated to
protecting life. To ask them to take the lives of unborn children is
simply wrong.
In fact, when the Clinton administration overturned the DOD policy
against abortion in military facilities between 1993 and 1996, military
physicians refused to perform or assist in elective abortions, thus
forcing the administration to spend additional tax dollars on
recruiting and hiring civilians who were willing to do the abortions.
In a country where 56 percent of Americans oppose abortion and where
military physicians have refused to do elective abortions, it is
unconscionable for our government to condone abortion by turning
military hospitals into abortion clinics.
The language before us today has been debated and rejected year after
year since 1996. I urge my colleagues again to defeat the Davis
amendment.
Mrs. DAVIS of California. Mr. Chairman, I yield 1 minute to the
gentlewoman from California (Mrs. Tauscher).
[[Page H3351]]
Mrs. TAUSCHER. Mr. Chairman, I would like to express my support for
the Davis amendment. This amendment would provide fairness and equity
to women in the military who are serving overseas.
Currently, women who have volunteered to serve our country and female
military dependents are barred from exercising their legally guaranteed
right to choose simply because they are stationed overseas.
Military women should be able to depend on their base hospitals for
all of their health care needs. A repeal of the current ban on
privately funded abortions would allow military women and dependents
based overseas the same range and quality of medical care available to
women in the United States. No Federal funds would be used to perform
these procedures and no undue burden is placed on military physicians
overseas.
Finally, Mr. Chairman, this amendment simply repeals the statutory
prohibition on abortions in overseas military hospitals.
I hope we can all support this amendment and ensure that American
women overseas are afforded access to quality reproductive services, as
they would be if they were home in the United States.
I urge my colleagues to support this amendment.
Mr. RYUN of Kansas. Mr. Chairman, how much time remains on both sides
and who has the right to close?
The CHAIRMAN pro tempore. The gentleman from Kansas (Mr. Ryun) has 7
minutes remaining. The gentlewoman from California (Mrs. Davis) has 5
minutes remaining. The gentleman from Kansas has the right to close.
Mr. RYUN of Kansas. Mr. Chairman, I yield 1 minute to the gentleman
from Arizona (Mr. Renzi).
Mr. RENZI. Mr. Chairman, I urge my colleagues to oppose this
amendment that would turn overseas military hospitals into abortion
clinics.
The amendment corrupts the mission of our military hospitals which
are dedicated to healing and nurturing life by turning military
hospitals and doctors and nurses into on-demand abortion providers.
{time} 1730
Again, when President Clinton allowed abortions in military
facilities during the mid-1990s, military physicians, nurses and other
health care professionals refused to perform these abortions. They were
clear in their message. They serve America to save lives, not take
unborn American lives.
This amendment, which the House has rejected every year since 1996,
is a misguided attempt by abortion activists to insert a harmful
provision into this vital legislation designed to authorize funds for
the defense of our Nation.
I urge my colleagues to reject this attempt to alter the purpose of
our overseas military hospitals, which provide life-saving care to the
men and women in our military and their families.
Reject this amendment and allow our military doctors and nurses to
continue to save lives, rather than abort them.
Mrs. DAVIS of California. Mr. Chairman, I yield 1 minute to the
gentlewoman from California (Ms. Lee).
Ms. LEE. Mr. Chairman, I thank the gentlewoman for her leadership on
this issue.
This commonsense amendment would simply allow military women and
their dependents that are stationed overseas to exercise the same
rights as women in this country, the right to comprehensive family
planning, including access to a safe, legal abortion.
It is important to point out that this amendment would not allow one
cent of taxpayer money to fund these procedures. It simply allows women
to use their own money, mind you, their own money to pay for this
procedure in an overseas military facility.
It makes no sense that we have asked these soldiers to serve our
country, and yet we cannot serve them with basic, comprehensive health
care.
Let us reject this administration's ongoing, politically motivated
war on women; and let us start by adopting this important, commonsense
amendment. Let us stop discriminating against women in the military. I
urge a ``yes'' vote.
Mr. RYUN of Kansas. Mr. Chairman, I am pleased to yield 1 minute to
the gentlewoman from Virginia (Mrs. Jo Ann Davis), my colleague on the
Committee on Armed Services.
(Mrs. JO ANN DAVIS of Virginia asked and was given permission to
revise and extend her remarks.)
Mrs. JO ANN DAVIS of Virginia. Mr. Chairman, for the last 8 years,
without fail, this body has voted against funding abortions in DoD
medical treatment facilities, and I trust today that we will make that
9.
Mr. Chairman, American taxpayer dollars should not be used to pay for
abortions directly or indirectly, wherever they occur. Supporters of
this amendment claim that taxpayer dollars would not actually pay for
abortions. However, I want to point out that this is simply not true.
Taxpayers would be paying for these abortions by subsidizing the cost
of the physician services and the abortion equipment. Our current law
protects against this, and I urge my colleagues to keep this
commonsense policy intact.
As a member of the House Committee on Armed Services, I am strongly
committed to our national defense. I am also strongly committed to
preserving life in all its stages.
I urge my colleagues to choose life and oppose the Davis amendment.
Mr. Chairman, I rise today in opposition to the amendment offered by
my colleague from California. For the last 8 years, without fail, this
body has voted against funding abortions in DOD medical treatment
facilities. I trust that today we will make that 9.
Military physicians and personnel are tasked to provide life saving
and nurturing care to our men and women of the armed services. By
requiring them to conduct elective abortions, we are asking them to
facilitate in the exact opposite of their mission.
Particularly at a time when their resources are devoted to addressing
the needs of service members suffering from wounds and trauma sustained
in Operations Iraqi Freedom and Enduring Freedom, we must continue to
support the doctors and nurses of the military in their effort to save
and sustain life.
Mr. Chairman, American taxpayer dollars should not be used to pay for
abortions, directly or indirectly, wherever they occur. Supporters of
this amendment claim that taxpayer dollars would not actually pay for
abortions, however I would point out that this is simply not true.
Taxpayers would be paying for these abortions by subsidizing the costs
of the physician services and the abortion equipment. Our current law
protects against this, and I urge my colleagues to keep this common
sense policy intact.
As a member of the House Committee on Armed Services, I am strongly
committed to our national defense. I am also strongly committed to
preserving life in all its stages. I urge my colleagues to choose life
and oppose the Davis amendment.
Mrs. DAVIS of California. Mr. Chairman, I am pleased to yield 1
minute to the gentleman from Illinois (Mr. Kirk).
Mr. KIRK. Mr. Chairman, I rise in support of the Davis amendment
authored by the distinguished gentlewoman from San Diego, the Pacific
home of the United States Navy.
When I put on the uniform, I did it to defend the Constitution and
the rights it protects for Americans. I must say that I have an
emotional attachment to the rights of Americans in uniform. Our current
law denies reproductive rights for women in uniform, just when they
need it most, when they are deployed overseas.
I was stationed at Incirlik Air Base in Turkey for part of Operation
Northern Watch against Iraq. The thought of forcing my fellow women in
uniform to seek care in some Turkish clinic when we have a perfectly
good U.S. military hospital on base is a tragedy. Imagine when you need
care most being forced to communicate in Turkish or Korean or Arabic to
get care guaranteed to you by the United States Supreme Court.
Women in uniform should have equal rights. No, no. Women in uniform
should have more than equal rights, especially when they are on the
frontier of freedom.
Mr. RYUN of Kansas. Mr. Chairman, I am pleased to yield 2 minutes to
the gentleman from New Jersey (Mr. Smith), the chairman of the
Committee on Veterans' Affairs.
Mr. SMITH of New Jersey. Mr. Chairman, I thank the gentleman for
yielding the time.
Mr. Chairman, recently, Dr. Alveda King, niece of the late Dr. Martin
Luther King, said about abortion, ``How can the dream survive if we
murder the children?''
Dr. King, who has had an abortion herself but is now pro-life and
bravely
[[Page H3352]]
speaks out, went on to say, ``We can no longer sit idly by and allow
this horrible spirit of murder to cut down, yes cut out and away our
unborn. This is the day to choose life,'' she went on to say. ``We must
live and allow our babies to live. If the dream of Dr. Martin Luther
King is to live,'' Dr. King went on to say, ``our babies must live.''
Mr. Chairman, the Davis amendment turns Dr. Alveda King's dream, our
babies must live, into a nightmare. The Davis amendment will force pro-
life Americans to facilitate abortion and subsidize the slaughter of
innocent children. Women deserve better than abortion, Mr. Chairman.
The Davis amendment turns overseas military hospitals into abortion
mills.
This amendment comes on the heels of a new Zogby poll, I would just
point out to my colleagues, that clearly shows a significant majority
of Americans now reject abortion in most circumstances including women,
56 percent; African Americans, 62 percent; Hispanics, 79 percent; and
young adults, 61 percent. Americans, Mr. Chairman, in ever growing
numbers are finally, at long last coming to understand that abortion is
violence against children and that abortion exploits and harms women.
Americans, at long last, are shocked to learn that abortion methods
dismember, mutilate, decapitate, and chemically poison the child. The
debate on the violence of the partial-birth abortion has exposed the
truth that abortion is child abuse in the extreme.
Mr. Chairman, faced with the numbing reality of an abortionist
jamming scissors into the brain of a partially born child so the brains
could be sucked out, Americans have begun to connect the dots. They are
now seeing that all abortion methods, not just partial-birth abortion,
are cruel and all-too-common punishment against helpless and innocent
babies.
Mr. Chairman, reject this amendment, the Davis amendment, so that
babies and their mothers will live.
Mrs. DAVIS of California. Mr. Chairman, I am pleased to yield 1
minute to the gentlewoman from California (Ms. Woolsey).
Ms. WOOLSEY. Mr. Chairman, I just hope that none of my colleagues on
the other side of the aisle ever are faced with a daughter or a
granddaughter or a daughter-in-law or a niece serving overseas or as a
military wife that needs an abortion and finds themselves in a hospital
in Turkey.
Over the last 2 years, we have all stood here and voiced our support
for our troops over and over again. We cast resolutions of support. We
are demanding that our troops have adequate training and equipment, and
there is no better way to show them how we support them than finally
giving women in our Armed Forces and the wives and daughters of the men
in our military the ability to exercise their constitutional right to
obtain a free, no, not a free, a paid-for by-the-person out-of-their-
own-pocket safe abortion using the money that they have, but in a
military hospital.
We routinely ask our servicewomen to put their lives on the line in
defense of our country and our country's ideals. That is why we must
continue to require that this country provide them with what could save
their lives, and that would be an abortion in a military hospital.
Mr. RYUN of Kansas. Mr. Chairman, I am pleased to yield 30 seconds to
the gentleman from the great State of Florida (Mr. Weldon).
Mr. WELDON of Florida. Mr. Chairman, I thank the gentleman for
yielding the time.
I rise in opposition to this amendment. I was on active duty in the
Army medical corps when this policy was put in place by the Reagan
administration, and it was very well received by the medical personnel
in the corps.
The reason it was very well received is because most medical
professionals do not want to have anything to do with abortion
procedures. They recognize them for what they are. They are very brutal
acts. Even those who are pro-choice will say, I am pro-choice, but I
would never do an abortion.
When I was on active duty, this was very well received by the troops
in the medical department, and I think it would be a mistake to
overturn this policy. Vote against the amendment.
Mrs. DAVIS of California. Mr. Chairman, I yield for a unanimous
consent request to the gentleman from Florida (Mr. Hastings)
(Mr. HASTINGS of Florida asked and was given permission to revise and
extend his remarks.)
Mr. HASTINGS of Florida. Mr. Chairman, I rise in strong support of
the measure offered by the gentlewoman from California (Mrs. Davis).
A woman's right to choose what happens to her body has been
reaffirmed as constitutional time after time by the Supreme Court. The
Majority's decision to insert an anti-choice provision into a bill
funding our Armed Services is troubling, and quite frankly, offensive.
If a servicewoman or female dependent of someone in our military
chooses to have a procedure done to her body with her own funds,
regardless of her occupation or where she is stationed, then she ought
to be permitted to do so. And she ought to be able to have it done by a
U.S. military doctor. It's her body. It's her money. It's just that
simple.
It's unfortunate that Representative Davis' amendment is even needed.
It's just shameful that the conservative wing of the Republican Caucus
is trying to invoke controversy into a bill that all of us want to
support. I cannot stand idly by while some attempt to demagogue those
of us who believe in a woman's right to choose. No one is going to tell
me what I can or cannot do with my body, so I certainly am not going to
start telling women what they can do with theirs.
Mrs. DAVIS of California. Mr. Chairman, I yield 1 minute to the
gentlewoman from New York (Mrs. Maloney).
Mrs. MALONEY. Mr. Chairman, I thank the gentlewoman for the time.
There are currently over 20,000 women serving overseas. Each one of
these women deserves the best available health care services; but under
current law, women serving overseas effectively lose their
constitutional right to choose at U.S. military bases where they
literally cannot even pay for this medical procedure with their own
money.
This amendment reverses a discriminatory policy against women. While
women are bravely serving this country overseas, some Members of this
body, many of whom have never served in the military, are voting to
take away the constitutional rights that they enjoy in this country. It
is wrong to take away their rights merely because they are in the
military service.
Let us put this vote in perspective. It is one of over 200 anti-
choice, anti-woman votes that have passed this Congress since the
Republican majority took control in 1994.
Mr. RYUN of Kansas. Mr. Chairman, how much time do I have remaining?
The CHAIRMAN pro tempore (Mr. Sweeney). The gentleman from Kansas
(Mr. Ryun) has 2\1/2\ minutes remaining. The gentlewoman from
California (Mrs. Davis) has 1 minute remaining. The gentleman from
Kansas has the right to close.
Mr. RYUN of Kansas. Mr. Chairman, I yield 2 minutes to the
gentlewoman from Pennsylvania (Ms. Hart).
Ms. HART. Mr. Chairman, I rise in opposition to this amendment. In
fact, the House has rejected this same amendment for the last, oh, I do
not know, about 8 years or 9 years, 2003 back to 1996.
The Committee on Armed Services rejected this amendment over and over
again. In fact, it was not even offered in committee this year.
President Clinton signed the current provision into law on February
10, 1996. The National Defense Authorization Act was signed into law to
prevent the DoD medical treatment facilities from being used to perform
abortions except where the life of the mother is endangered or in cases
of rape or incest.
The Davis amendment would repeal that provision. It reopens the issue
and attempts to turn DoD facilities into abortion clinics. These
facilities are not abortion clinics; they are for healing the sick and
the wounded.
Supporters of this amendment act as those pregnancy is a disease.
That is certainly not the case. Ask any mother.
Support of this amendment would change the nature of our medical
facilities. Our military is overseas for a reason, to support and
defend people's lives. Our military treatment centers should do the
same, and we should retain this life provision for our military
treatment centers and forbid them from taking innocent human life.
Mrs. DAVIS of California. Mr. Chairman, I yield 1 minute to the
gentleman from Washington (Mr. Inslee).
[[Page H3353]]
(Mr. INSLEE asked and was given permission to revise and extend his
remarks.)
Mr. INSLEE. Mr. Chairman, how often in the last year have we heard
the phrase in this country saying we support our troops? I have heard
it a lot on this floor, but those who oppose this amendment have a new
slogan. We support our troops except for their constitutional rights.
The women of this country are in the streets of Baghdad and Nasiriyah
and Fallujah today trying to install the concept of individual liberty
and individually, constitutionally protected rights in Iraq while their
Members of the U.S. Congress are trying to deny it back here in
Washington, D.C.
Do not deny this amendment. Do not send the proud women in our armed
services to the back streets of Baghdad. They are serving to establish
liberty in Baghdad, not back-street abortions. Do not go back to those
old days while we fight new battles trying to establish liberties
overseas. Pass this amendment.
Mr. RYUN of Kansas. Mr. Chairman, how much time do I have remaining?
The CHAIRMAN pro tempore. The gentleman from Kansas (Mr. Ryun) has 1
minute remaining.
Mr. RYUN of Kansas. Mr. Chairman, I yield 45 seconds to the gentleman
from Pennsylvania (Mr. Pitts).
Mr. PITTS. Mr. Chairman, I rise in opposition to this amendment.
The Davis amendment would force military medical personnel to be
complicit in the taking of innocent human life. It would divert
precious medical resources such as staff, time, equipment, and
facilities away from the front lines of battle.
Let us not forget, abortion is violence. It is the most violent form
of death known to mankind. It is violence against women and children.
We should not be subsidizing it.
The American working family should not be forced to fund the
extremists' health care agenda of this amendment. Our military should
not sacrifice what it needs on the front lines.
I urge my colleagues to vote ``no'' on the Davis amendment.
{time} 1745
Mr. RYUN of Kansas. Mr. Chairman, I yield myself the balance of my
time, and in conclusion, I urge my colleagues to oppose this amendment.
Our military installations should be there to save lives. Doctors have
signed up to save lives, not take lives, and I urge a ``no'' vote on
the Davis amendment.
Ms. JACKSON-LEE of Texas. Mr. Chairman, thousand of brave women are
serving overseas, fighting to protect and defend the liberties
Americans enjoy every day. These brave women should not be denied their
fundamental rights simply because they are serving abroad.
This Amendment allows military women and military dependents
stationed overseas to exercise the same rights as women in this country
to access a safe, legal abortion.
This Amendment ensures equal access to comprehensive reproductive
health care for all U.S. servicewomen and dependents, regardless of
where they are stationed.
Current law limits the range of reproductive-health services provided
to servicewomen and military dependents serving overseas, even when
they pay for these services with their own money.
This amendment does not require the Department of Defense to pay for
abortion services; it would simply repeal the current ban on privately
funded abortion care at overseas U.S. military facilities.
Women serving in the military overseas need to be able to depend on
their base hospitals for medical care, especially when stationed in
areas where local health care facilities are inadequate. The current
ban may cause a woman seeking abortion services to delay the procedure
while she looks for a safe provider, or may force a woman to seek an
illegal, unsafe procedure locally.
Women would use their own money to pay for an abortion in an overseas
military facility. No taxpayer dollars would pay for an abortion under
this amendment.
The current language in the Department of Defense Authorization
language degrades women serving our country overseas. It also
jeopardizes servicewomen and dependents health by forcing them to wait
until they can return to the U.S.--which can often be medically
dangerous--or to seek an abortion in an unsafe, unsanitary foreign
hospital.
DOD language penalizes service women and military dependents service
abroad by prohibiting them from exercising their constitutional right
to choose.
Roe v. Wade eliminated back alley abortions in this country. This
amendment ensures our service women are not forced into the same
dangerous procedures as they serve overseas.
This is not a debate about whether abortion is right or wrong.
Abortion is legal. If it is legal for a woman here in America to
exercise her right to choose, then it should be legal for an American
woman serving her country overseas.
Mr. FARR. Mr. Chairman, I rise today to support the Davis Amendment
and our servicewomen stationed around the world. These brave soldiers,
sailors, and air women have dedicated themselves to serving our
country, and the least we should do is give them access to the highest
quality healthcare available. Currently, servicewomen and female
military dependents are prohibited from using their own funds for
abortions at overseas military hospitals. Military women should be able
to depend on their base hospitals for all their health-care services,
but instead they are forced to compromise their medical privacy and
wait for space on a military transport, or to seek an abortion in a
foreign hospital. It is unacceptable to endanger the health of our
servicewomen by denying them safe and timely medical care.
The Davis amendment would allow military women and military
dependents stationed overseas to exercise the reproductive rights they
are entitled to as Americans. This amendment would not require the
government to pay for abortions, and it would not force medical
providers to perform abortions. All branches of the military have
provisions that permit medical personnel who have moral, religious, or
ethical objections to abortion not to participate in the procedure;
this amendment would not change this.
We can't violate the rights and liberties of our troops who are
fighting to protect our rights and liberties. I urge my colleagues to
support this amendment.
Mr. McHUGH. Mr. Chairman, today on rollcall No. 197 Davis of
California amendment to the defense authorization bill for fiscal year
2005, I was inadvertently recorded as having voted aye and should have
been recorded as voted nay. I respectfully request the record reflect
that I have voted in the negative on such amendments in previous years.
I ask unanimous consent that this statement appear in the Record
immediately following the vote.
Mr. COLLINS. Mr. Chairman, I rise to state my strong opposition to
the Davis Amendment to H.R. 4200, which would allow abortions to be
performed at our overseas military hospitals.
Throughout my years in Congress, I have consistently opposed efforts
to allow abortions to take place in taxpayer funded military hospitals,
and a majority in Congress has consistently opposed these efforts as
well. The Davis amendment would repeal the current ban on abortions in
our military hospitals, which was signed into law in 1996, and would
seek to turn our military medical facilities into abortion clinics. If
the Davis amendment is adopted, not only could taxpayer funded
facilities be used to support abortion on demand, but resources could
be used to search for, hire, and transport new personnel simply so that
abortions could be performed. These facilities which are dedicated to
the save the lives of the men and women in our Armed Forces should not
be used to take the lives of innocent, unborn children.
I urge all of my colleagues in the House to vote to support life and
to oppose the Davis amendment.
Mr. STARK. Mr. Chairman, I rise today to support Representative Susan
Davis' amendment to the Defense Authorization bill to repeal the
complete abortion ban for women in the military. This amendment is a
reasonable compromise. It would not require the U.S. Government to fund
abortions at military facilities around the world. It would simply
allow U.S. servicewomen, or military dependents, to use their own funds
for abortion care at overseas military hospitals.
Our brave servicewomen enroll in the military to protect the civil
liberties of American citizens. Unfortunately, under existing law the
very liberties they are trying to protect are being taken away from
them through this draconian policy.
As a result, our servicewomen must sometimes resort to illegal,
unsafe procedures to get an abortion. In the military, pregnancy is
often cited as an attribute that makes women less desirable as
soldiers, but at the same time the military institution denies women
safe and reasonable access to terminate a pregnancy if she chooses.
Servicewomen should have comprehensive reproductive healthcare
regardless of where they reside. I urge my colleagues to show support
for our servicewomen, and vote yes to repeal this overreaching abortion
ban for women in the military.
Mrs. LOWEY. Mr. Chairman, I rise in strong support of the Davis
amendment, which would allow military women and dependents stationed
overseas to obtain abortion services
[[Page H3354]]
with their own money. I want to thank my colleague Susan Davis for her
fine work on this important issue.
More than 100,000 women live on American military bases abroad. These
women risk their lives and security to protect our great and powerful
Nation and deserve the freedoms of our country. And yet, these women--
for the past 8 years--have been denied the very Constitutional rights
they fight to protect.
My colleagues, this restriction is un-American, undemocratic, and
would be unconstitutional on U.S. soil. How can this body deny
constitutional liberties to the very women who toil to preserve them?
Mr. Speaker, as we work to promote and ensure democracy worldwide we
have an obligation to ensure that our own citizens are free while
serving abroad. Our military bases should serve as models of democracy
at work, rather than examples of freedom suppressed.
This amendment is not about taxpayer dollars funding abortions
because no Federal funds would be used for these services. This
amendment is not about health care professionals performing procedures
to which they are opposed because they are protected by a broad
exemption. This amendment is about ensuring that all American women
have the ability to exercise their Constitutional right to privacy and
access safe and legal abortion services.
As our Nation works to preserve our freedom and democracy, now is not
the time to put barriers in the path of our troops overseas. We know
that the restriction on abortion does nothing to make abortion less
necessary--it simply makes abortion more difficult and dangerous.
It is time to lift this ban, and ensure the fair treatment of our
military personnel. I urge passage of the Davis amendment.
Mr. RYUN of Kansas. Mr. Chairman, I yield back the balance of my
time.
The CHAIRMAN pro tempore (Mr. Sweeney). The question is on the
amendment offered by the gentlewoman from California (Mrs. Davis).
The question was taken; and the Chairman pro tempore announced that
the noes appeared to have it.
Mrs. DAVIS of California. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from California
(Mrs. Davis) will be postponed.
It is now in order to consider amendment No. 3 printed in House
Report 108-499.
Amendment No. 3 Offered by Mr. Hunter
Mr. HUNTER. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 3 offered by Mr. Hunter:
At the end of subtitle A of title XII (page 424, after line
12), insert the following new section:
SEC. __. SENSE OF CONGRESS CONCERNING THE ABUSE OF PERSONS IN
CUSTODY IN IRAQ.
It is the sense of Congress that--
(1) the abuses inflicted upon detainees at the Abu Ghraib
prison in Baghdad, Iraq, are offensive to the principles and
values of the American people and the United States military,
are incompatible with the professionalism, dedication,
standards and training required of individuals who serve in
the United States military, and contradict the policies,
orders, and laws of the United States and the United States
military and undermine the ability of the United States
military to achieve its mission in Iraq.
(2) the vast majority of members of the Armed Forces have
upheld the highest possible standards of professionalism and
morality in the face of illegal tactics and terrorist attacks
and attempts on their lives.
(3) the abuse of persons in United States custody in Iraq
is appropriately condemned and deplored by the American
people;
(4) the Armed Forces are moving swiftly and decisively to
identify, try, and punish persons who were responsible or
culpable for such abuse;
(5) the Secretary of the Army must continue to conduct a
full and thorough investigation into any and all allegations
of mistreatment or abuse of detainees in Iraq;
(6) the Secretary of the Army and appropriate military
authorities must continue to undertake corrective action to
address chain of command deficiencies and the systemic
deficiencies identified in the incidents in question;
(7) the American principle and tradition of affording
proper and humane treatment to persons under the custody of
the United States Armed Forces must be reaffirmed;
(8) the alleged crimes of a handful of individuals should
not detract from the commendable sacrifices of over 300,000
members of the United States Armed Forces who have served, or
who are serving, in Operation Iraqi Freedom; and
(9) the United States expresses its continuing solidarity
and support for its partnership with the Iraqi people in
building a viable Iraqi government and a secure nation.
The CHAIRMAN pro tempore. Pursuant to House Resolution 648, the
gentleman from California (Mr. Hunter) and a Member opposed each will
control 10 minutes.
The Chair recognizes the gentleman from California (Mr. Hunter).
Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this is an attempt to once more state the strong
position of this House against the abuses at Abu Ghraib. I have noticed
that the first conviction under the court-martial system has taken
place today.
This is also an attempt to say good things about the hundreds of
thousands of men and women who are serving in uniform, the 141,000 or
so in Iraq who are serving honorably, and to put us solidly on record
in support of the prosecution of wrongdoers and the continuing strong
support, Mr. Chairman, of our forces who are locked in combat in the
Iraq theater, in the Afghanistan theater, and let them know we do not
support them any less because of the publicity of the last several
weeks.
I think it is pretty consistent with what my great friend and
colleague, the gentleman from Missouri (Mr. Skelton) and I have said
over and over in the full committee hearings that we have had on this
issue and the briefings that we had, and I would hope that all Members
could support this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. SKELTON. Mr. Chairman, I claim time.
The CHAIRMAN pro tempore. Is the gentleman in opposition to the
amendment?
Mr. SKELTON. I will support the amendment, but I claim the time to
speak.
The CHAIRMAN pro tempore. Without objection, the gentleman from
Missouri (Mr. Skelton) is recognized for 10 minutes.
There was no objection.
Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume,
and I do support the amendment; however, if I may, I wish to point out
a couple of things.
The Hunter-Meehan language that is in the base bill takes a major
step towards this whole matter of the Abu Ghraib Prison situation,
which of course is deplorable, and I think it is a good provision that
is already in the bill.
I wish, however, that four Democratic amendments had been made in
order on the prisoner abuse situation: one by the gentleman from
Washington (Mr. Dicks) that specifically lists prohibited interrogation
techniques, which makes them very clear; one by the gentleman from New
York (Mr. Israel) that requires very detailed reporting on the role of
contractors as interrogators; one by the gentleman from North Carolina
(Mr. Price) that would close loopholes in existing law on how
contractors who commit crimes can be prosecuted; and one by the
gentlewoman from California (Ms. Lee), which would make a database of
detainee names available to families and create an international
commission to monitor detainee treatment.
Each one of those, individually and collectively, I think, would have
made this bill all the better.
But I must express my position in support of this amendment, because
we do know that there are major steps to be taken, and we further know
that there are so many young men and young women doing positive work in
Iraq and Afghanistan; and we hope that the terrible and deplorable
situation in that prison that has dominated the news now for a good
number of days does not detract from their excellent work.
Mr. Chairman, I reserve the balance of my time.
Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume
to thank the gentleman for his important work in this area, and also
mention that the gentleman from Massachusetts (Mr. Meehan) and I worked
up a provision that is in the base bill also, that I think, after
reading the Taguba report, very much follows the Taguba report in terms
of clarifying policy.
Let me go over a couple of things that we require to be done.
Ensuring that commanders of detention facilities and commanders of
interrogation facilities provide all assigned personnel, including
contractor
[[Page H3355]]
personnel, with training, and documented acknowledgment of receiving
training, regarding the Geneva Convention relative to the treatment of
prisoners; and establish SOPs, standard operating procedures, for the
treatment of detainees.
We also provide that periodic unannounced and announced inspections
be made by officers, something that was sadly lacking in the research
and investigation that we have done and the review of the Taguba
report. Also prohibiting contact between male guards and female
detainees and between female guards and male detainees, except in
exigent circumstances.
Clearly, there are many dimensions of a prison that are akin, in
ways, to locker rooms, and it makes no sense to have substantial
contact between male guards and female detainees or female guards and
male detainees. So we have spelled that out.
So we have put in, working this in a bipartisan way, we have put in a
number of new clarifications, which, while they are manifested into
standard operating procedure, represent the emphasis that we would like
to place on them in light of the Taguba report and the hearings and
briefings that we have received in this matter.
Having said that, I want to thank the gentleman from Missouri and the
gentleman from Massachusetts for working on this language also, and all
the Members that worked on it.
Mr. Chairman, I yield back the balance of my time.
Mr. SKELTON. Mr. Chairman, I yield 5 minutes to the gentleman from
California (Mr. Waxman), as the ranking member of the Committee on
Government Reform.
Mr. WAXMAN. Mr. Chairman, I thank the gentleman for yielding me this
time.
Mr. Chairman, I agree that the appalling abuse and torture of Iraqi
detainees by U.S. military personnel at the Abu Ghraib Prison is
completely unacceptable. Congress should condemn this illegal and
inhumane misconduct in the strongest possible terms. But condemnation
alone is not enough. Congress also has the responsibility to fully
investigate this terrible episode.
Unfortunately, this amendment ignores the constitutional role of
Congress to provide oversight over the activities of the administration
and military. Without a thorough congressional investigation, the
amendment simply assumes that only a handful of individuals were
involved in the abuse. Despite General Taguba's conclusion that
civilian contractors were either directly or indirectly responsible for
the abuse, this amendment is silent on the role of private contractors
in interrogating and abusing Iraqis at Abu Ghraib.
I do not understand how the House of Representatives can express its
sense of the facts when it has made no meaningful effort to determine
what the facts are. This amendment fails to acknowledge that Congress
has a fundamental responsibility to investigate the allegations and to
conduct oversight over the military campaign in Iraq. We cannot, as
this amendment assumes, ignore our responsibility and rely on the
administration to oversee itself. This amendment should call for House
investigations into the abuse at Abu Ghraib.
The Committee on Government Reform, for example, should examine the
role of private contractors in interrogations and prisoner abuse.
Congress should be asking whether it is appropriate for the Defense
Department to turn to private contractors to assist in the
interrogation of prisoners. We should also determine what sanctions
apply when private contractors operating in Iraq engage in outrageous
abuse.
Time and time again the majority has demonstrated that it has no
interest in performing any serious oversight of this administration.
The majority has refused to investigate the alleged White House's
outing of a CIA agent, Valerie Plame. The majority has declined to
investigate allegations that administration officials threatened to
fire the Health and Human Services chief actuary if he disclosed
unfavorable cost projections for the Medicare prescription drug benefit
in his presentation to Congress.
Now, the House majority wants to do as little oversight as possible
when it comes to the abuse of detainees. One Republican leader objected
to ``jerking these battlefield commanders'' out of Iraq for hearings.
Another suggested that congressional investigations would inflame
hatred of the U.S. ``by providing fodder and sound bites for our
enemies.'' The majority seems to think it is unpatriotic to ask tough
questions and demand answers.
Mr. Chairman, oversight is not unpatriotic. Oversight is our
constitutional duty. Congress must not abdicate its responsibility for
holding the administration accountable. We owe it to the Iraqi people,
we owe it to the American people and especially to the U.S. troops that
have served with honor to learn the whole story and to take steps to
ensure that this kind of abuse never again occurs.
Mr. HUNTER. Mr. Chairman, I ask unanimous consent that I be allowed
to reclaim the balance of my time.
The CHAIRMAN pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume,
and let me just say something briefly in response to my colleague who
just spoke.
We are not abdicating any oversight on this issue. In fact, we have
had as much congressional hearing time as we have had in the past going
to war, sending the entire Nation to war. We have had massive hearings
on this issue. We have had briefings.
In fact, we finished a briefing yesterday, with the majority of the
House, with the Secretary of Defense and experts on this issue that
carried well until after 6:30. The majority of the House Members, by my
count, appeared. The Secretary did not leave until the last question
was answered.
In my estimation, we have given as much publicity to this as we did
to the invasion of Normandy, looking over the old stacks of publicity
that attended that fairly important event.
Now, I would say this to my dear colleague, the gentleman from
California (Mr. Waxman). We have 141,000 people whose lives are in
danger. They need their leadership. Their battlefield leadership is now
back here rehashing this issue. The first conviction was made today on
this issue. Does the gentleman think we need to have congressional
oversight overlooking the court-martial that just concluded in a
conviction and a punishment being meted out?
And I would say to my friend that the punishments in the military
system are meted out much swifter and much more surely than they are on
the domestic side. We have already had a conviction. So your statement
to the effect that there is no oversight, your implication there is no
oversight is not true. It is false. There is massive oversight.
And in looking at the Taguba report and embedding many of those
recommendations in this law, we have actually made changes that are a
function or have arisen from that oversight. So the question is one of
balance.
We have 141,000 people who need leadership in their operations. We
need to make sure they have all the equipment that they need. We need
to make sure they have their operational leadership.
So does the gentleman want another 15 hearings? Maybe we should
cancel every piece of congressional business for the entire year so
that the issue at Abu Ghraib can be milked until the election. I do not
think that is good for either side of the aisle.
We have given an enormous amount of publicity to those seven people.
I have a stack of Bronze Stars on my desk. Those people will never get
any publicity. They certainly will not hear the gentleman from
California talking about them, and probably not me, because we will not
have a chance to get to them because we will be concentrating on those
seven bad apples ad infinitum.
Judgment and balance are important in this business. And for that
reason, I think after massive hearings on both sides of the Capitol,
after enormous publicity, with six full investigations now attending
these seven people, separate investigations, and prosecutions and
court-martials going forward, I think we need to lead our troops and we
need to provide them what they need; and that means we need to refocus
on this war, and we need to win this war.
[[Page H3356]]
Mr. Chairman, I yield 3 minutes to the gentleman from New Jersey (Mr.
Saxton).
{time} 1800
Mr. SAXTON. Mr. Chairman, I take some exception to the polite
assertion of the gentleman from California (Mr. Waxman) that the
Congress of the United States perhaps in his view has not done enough
or is not on a track to do enough; but at some point we have to decide
to come to a conclusion that a few people committed some very
horrendous, bad acts.
The events that have occurred since then, and I would remind Members
this occurred in late December or January, or became evident in
January, and immediate actions were taken by our trusted military
leaders, and I am not talking about our civilian leaders necessarily, I
am talking about our military leaders, people who swore to protect and
defend the Constitution of the United States while carrying out their
military duties. Since then, General Taguba and his staff have carried
out a very extensive investigation.
I saw a copy of the report. It was that high with a 50-page executive
summary. While it is classified, somehow or another it happened to
appear on the Internet so anyone that wants to know what is in it can
click on the Internet and look at it, and you will have to fairly
conclude that there was nothing in that report that would suggest that
we need a broader investigation.
But in spite of that, there are currently seven ongoing
investigations being carried out by our military leadership, trying to
find out if there is anything else that ought to be looked at, any
other criminal investigations that ought to be entered into, any other
processes to clean this mess up.
Now, we have 140,000 people doing good work, protecting the national
security of our country while trying to put that country back together,
positive work supporting the Provisional Coalition Authority, positive
work working with Iraqi families, positive work monitoring caucuses
where Iraqis are electing their own local leaders, controlling traffic,
positive work securing ammo dumps that are sometimes miles square.
Our Special Forces are there operating, 140,000 people doing good
works; and we are asked by the gentleman from California (Mr. Waxman)
to concentrate on the bad acts, throw Congress into an oversight
overdrive, concentrating on the bad acts of a handful of people.
I do not buy into the notion that we should do this, and I think the
chairman's amendment is exactly what we need to do. I would hope the
gentleman from California (Mr. Waxman) would rethink his position.
Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
In line with my responsibility for oversight, I made a request a good
number of days ago in a letter to the President asking when the White
House, when the Defense Department, when the State Department received
the International Red Cross report that was provided to me just
recently, but dated back in February of this year.
In line with that, I am expecting to hear from the White House day by
day, and I call them day by day. That is part of my oversight
responsibility, to find out these matters as to when they received that
International Red Cross document concerning the prison abuse.
Hopefully, they will get an answer to me to help me fulfill my
oversight responsibility.
Mr. Chairman, I yield 2 minutes to the gentleman from California (Mr.
Waxman).
Mr. WAXMAN. Mr. Chairman, we have had several gentlemen on the other
side of the aisle take a great deal of time attacking the idea that
they should hold public hearings. They act as if they held a public
oversight hearing, we could not support our troops in the war.
Let me say, having private briefings and having classified meetings
is not enough when our country's credibility and our reputation for
human rights and democracy has been tarnished all around the world and
our troops are in greater danger because of it. We need to know the
facts.
We have heard people say a couple of times, seven bad apples. We do
not know if it is only seven bad apples. I hope that is true. But we do
not know how far up the chain of command some of these ideas were put
forward in terms of how to treat the detainment of Iraqi prisoners.
The gentleman's Committee on Armed Services has had one public
hearing with the Chairman of the Joint Chiefs of Staff and the
Secretary of Defense. What about others to testify? I attended the
classified briefing with Secretary Rumsfeld and other military people
yesterday. I do not think I am violating any rules to tell Members that
when the question of the Abu Ghraib prisoners came up, the Secretary
said, We will find out the answers when we find out the answers. That
is not a direct quote, but that is pretty much what I got out of that
meeting.
I think we need to do more, and the best example of somebody doing
more in a responsible way is Senator Warner as the chairman of the
committee on the other side of this building who has held hearings.
Have we had any hearings for the public to hear on the House side? Have
we heard from General Taguba in a public hearing?
Mr. HUNTER. Mr. Chairman, will the gentleman yield?
Mr. WAXMAN. I yield to the gentleman from California for an answer to
that one question.
Mr. HUNTER. No, the gentleman has not heard from every single officer
in the U.S. Army on this subject.
Mr. WAXMAN. Have we heard from General Taguba who prepared the
report?
Mr. HUNTER. We have heard from the Secretary of Defense, who is
responsible for delivering the Taguba report to us.
Mr. WAXMAN. Mr. Chairman, reclaiming my time, my point is that what
we are hearing from the Republican leadership in this House over and
over again is, We will trust the administration to investigate
themselves.
We heard that when it came to the outing of the CIA agent,
endangering our national security, from somebody at the White House who
leaked the information.
We have heard it when it came from the Medicare estimates being
withheld from the Congress.
And we are hearing it now on this issue of how Iraqi prisoners were
treated.
I think we have more of a responsibility than just to say we trust
this administration because, after all, we have a war going on. I would
hope the House of Representatives could chew gum and walk at the same
time, and that means support our troops, but also support America's
standing in the world by doing our own investigation and hearing from
other people than the Secretary of Defense in public meetings and in
private meetings not tell us much of anything because they are still
investigating it.
My argument to Members is, I will support anything that says we want
to do something about the abuse, but we are not doing something about
the abuse unless we exercise our oversight responsibilities and hold
public hearings.
The CHAIRMAN pro tempore (Mr. Sweeney). The Chair would advise
Members that the gentleman from California (Mr. Hunter) has the right
to close, and has 1 minute remaining. The gentleman from Missouri (Mr.
Skelton) has 30 seconds remaining.
Mr. SKELTON. Mr. Chairman, I yield myself the balance of my time.
I have made my statement regarding my request to the White House for
the information, and I hope I do not have to make another phone call
tomorrow to receive the letter.
Mr. Chairman, I yield back the balance of my time.
Mr. HUNTER. Mr. Chairman, I yield myself the balance of my time.
Apparently, the gentleman from California (Mr. Waxman) did not
understand. Let me be clear: We had a major public hearing on this
issue. It was a full-blown hearing, and the briefing that the gentleman
from California (Mr. Waxman) attended is one that the gentleman attends
perhaps on an infrequent basis, but one that we have on a regular
basis, and have ever since the operation in Iraq started, to let
Members of the House know what is happening. That is why the gentleman
was invited.
And I am not going to yield to the gentleman because I have a point
to make. I have listened to the gentleman's point, and I am going to
close. I
[[Page H3357]]
am going to talk about some things that are important to the gentleman
from California (Mr. Waxman).
Let me tell Members why it is important to have General Sanchez back
leading his troops and not here when you have massive operations and
you have conflict and you have people being taken, casualties being
killed and wounded in that theater.
General Sanchez, who is in charge of that theater, who is a combat
leader in that theater, has issues stacking up on his desk, and he has
challenges; and a lot of those challenges affect our constituents.
I presume that the gentleman from California (Mr. Waxman) has young
men and women in the Armed Forces in the gentleman's constituency, who
are stationed in Iraq, whose very safety depends on General Sanchez
making good decisions. He has to be there to make those decisions. He
has to make convoy decisions, IED decisions, operational decisions, and
that is why we need him back there leading his troops, not being pulled
back here for political theater.
The CHAIRMAN pro tempore. All time has expired. The question is on
the amendment offered by the gentleman from California (Mr. Hunter).
The question was taken; and the Chairman pro tempore announced that
the ayes appeared to have it.
Mr. HUNTER. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
(Mr. Hunter) will be postponed.
Sequential Votes Postponed in Committee of the Whole
The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII,
proceedings will now resume on those amendments on which further
proceedings were postponed, in the following order: Amendment No. 1 by
the gentleman from Virginia (Mr. Goode); and amendment No. 2 by the
gentlewoman from California (Mrs. Davis).
The first electronic vote will be conducted as a 15-minute vote. The
remaining electronic vote will be conducted as a 5-minute vote.
Amendment No. 1 Offered by Mr. Goode
The CHAIRMAN pro tempore. The pending business is the demand for a
recorded vote on the amendment offered by the gentleman from Virginia
(Mr. Goode) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN pro tempore. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 231,
noes 191, not voting 11, as follows:
[Roll No. 196]
AYES--231
Aderholt
Akin
Alexander
Bachus
Baker
Ballenger
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Biggert
Bilirakis
Bishop (NY)
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boswell
Boucher
Boyd
Bradley (NH)
Brady (TX)
Brown (OH)
Brown (SC)
Brown-Waite, Ginny
Burns
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carson (OK)
Carter
Case
Castle
Chabot
Chocola
Clyburn
Coble
Cole
Collins
Costello
Cox
Cramer
Crane
Crenshaw
Cubin
Culberson
Davis (TN)
Davis, Jo Ann
Deal (GA)
DeFazio
DeLay
DeMint
Diaz-Balart, L.
Diaz-Balart, M.
Dingell
Doolittle
Duncan
Dunn
Emerson
English
Etheridge
Everett
Feeney
Ferguson
Foley
Forbes
Fossella
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Goode
Goodlatte
Gordon
Goss
Granger
Graves
Green (WI)
Greenwood
Gutknecht
Hall
Harris
Hart
Hastings (WA)
Hayes
Hefley
Hensarling
Herger
Hobson
Hoekstra
Hooley (OR)
Hostettler
Houghton
Hulshof
Hunter
Hyde
Isakson
Issa
Istook
Jenkins
Johnson (CT)
Johnson (IL)
Jones (NC)
Kaptur
Keller
Kelly
Kennedy (MN)
Kind
King (IA)
King (NY)
Kirk
Kline
Knollenberg
LaHood
Latham
LaTourette
Levin
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lowey
Lucas (KY)
Manzullo
Marshall
Matheson
McCotter
McCrery
McHugh
McInnis
McIntyre
McKeon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy
Musgrave
Myrick
Nethercutt
Neugebauer
Ney
Northup
Nunes
Nussle
Osborne
Ose
Otter
Oxley
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Pomeroy
Porter
Pryce (OH)
Quinn
Radanovich
Ramstad
Regula
Rehberg
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schrock
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simpson
Smith (MI)
Smith (NJ)
Smith (TX)
Spratt
Stearns
Sullivan
Sweeney
Tancredo
Tanner
Taylor (NC)
Thomas
Tiahrt
Tiberi
Toomey
Turner (OH)
Udall (CO)
Upton
Vitter
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Wicker
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOES--191
Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Ballance
Becerra
Bell
Bereuter
Berkley
Berman
Berry
Bishop (GA)
Blumenauer
Brady (PA)
Brown, Corrine
Burgess
Burr
Capps
Capuano
Cardin
Cardoza
Carson (IN)
Chandler
Clay
Conyers
Cooper
Crowley
Cummings
Cunningham
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis, Tom
DeGette
DeLauro
Deutsch
Dicks
Doggett
Dooley (CA)
Doyle
Dreier
Edwards
Ehlers
Emanuel
Engel
Eshoo
Evans
Farr
Filner
Flake
Frank (MA)
Frost
Gephardt
Gonzalez
Green (TX)
Grijalva
Gutierrez
Harman
Hastings (FL)
Hill
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson, E. B.
Kanjorski
Kennedy (RI)
Kildee
Kilpatrick
Kleczka
Kolbe
Kucinich
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Lewis (GA)
Lofgren
Lucas (OK)
Lynch
Majette
Maloney
Markey
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Mollohan
Moore
Moran (VA)
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Paul
Payne
Pearce
Pelosi
Price (NC)
Putnam
Rahall
Rangel
Reyes
Rodriguez
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Schakowsky
Schiff
Scott (GA)
Scott (VA)
Serrano
Sherman
Simmons
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Souder
Stark
Stenholm
Strickland
Stupak
Tauscher
Taylor (MS)
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tierney
Towns
Turner (TX)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Waters
Watson
Watt
Waxman
Weiner
Weller
Wexler
Whitfield
Wilson (NM)
Woolsey
Wu
Wynn
NOT VOTING--11
Delahunt
Fattah
Ford
Hayworth
Johnson, Sam
Jones (OH)
Kingston
Leach
Norwood
Portman
Tauzin
Announcement by the Chairman Pro Tempore
The CHAIRMAN pro tempore (Mr. Sweeney) (during the vote). Members are
advised that 2 minutes are remaining in this vote.
{time} 1837
Messrs. TERRY, FARR, BISHOP of Georgia, Ms. CORRINE BROWN of Florida,
and Ms. MAJETTE changed their vote from ``aye'' to ``no.''
Messrs. UDALL of Colorado, LIPINSKI, SMITH of Michigan, LATHAM, and
Ms. HART changed their vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 2 Offered by Mrs. Davis of California
The CHAIRMAN pro tempore. The pending business is the demand for a
recorded vote on the amendment offered by the gentlewoman from
California (Mrs. Davis) on which further proceedings were postponed and
on which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN pro tempore. A recorded vote has been demanded.
[[Page H3358]]
A recorded vote was ordered.
The CHAIRMAN pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 202,
noes 221, not voting 10, as follows:
[Roll No. 197]
AYES--202
Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Ballance
Bass
Becerra
Bell
Berkley
Berman
Biggert
Bishop (GA)
Bishop (NY)
Blumenauer
Boehlert
Bono
Boswell
Boucher
Boyd
Bradley (NH)
Brady (PA)
Brown (OH)
Brown, Corrine
Capito
Capps
Capuano
Cardin
Cardoza
Carson (IN)
Carson (OK)
Case
Castle
Chandler
Clay
Clyburn
Conyers
Cooper
Cramer
Crowley
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
DeFazio
DeGette
DeLauro
Deutsch
Dicks
Dingell
Doggett
Dooley (CA)
Dunn
Edwards
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Filner
Foley
Frank (MA)
Frelinghuysen
Frost
Gephardt
Gilchrest
Gonzalez
Gordon
Green (TX)
Greenwood
Grijalva
Gutierrez
Harman
Hastings (FL)
Hill
Hinchey
Hinojosa
Hoeffel
Holt
Honda
Hooley (OR)
Houghton
Hoyer
Inslee
Isakson
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson, E. B.
Jones (OH)
Kaptur
Kelly
Kennedy (RI)
Kilpatrick
Kind
Kirk
Kleczka
Kolbe
Kucinich
Lampson
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lofgren
Lowey
Majette
Maloney
Markey
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McHugh
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Miller (NC)
Miller, George
Moore
Moran (VA)
Nadler
Napolitano
Neal (MA)
Obey
Olver
Ose
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Pomeroy
Price (NC)
Pryce (OH)
Ramstad
Rangel
Reyes
Rodriguez
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Schakowsky
Schiff
Scott (GA)
Scott (VA)
Serrano
Shaw
Shays
Sherman
Simmons
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Strickland
Tanner
Tauscher
Thomas
Thompson (CA)
Thompson (MS)
Tierney
Towns
Turner (TX)
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walden (OR)
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NOES--221
Aderholt
Akin
Alexander
Bachus
Baker
Ballenger
Barrett (SC)
Bartlett (MD)
Barton (TX)
Beauprez
Bereuter
Berry
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonilla
Bonner
Boozman
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burns
Burr
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Carter
Chabot
Chocola
Coble
Cole
Collins
Costello
Cox
Crane
Crenshaw
Cubin
Culberson
Cunningham
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLay
DeMint
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Doyle
Dreier
Duncan
Ehlers
Emerson
English
Everett
Feeney
Ferguson
Flake
Forbes
Fossella
Franks (AZ)
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gillmor
Gingrey
Goode
Goodlatte
Goss
Granger
Graves
Green (WI)
Gutknecht
Hall
Harris
Hart
Hastings (WA)
Hayes
Hefley
Hensarling
Herger
Hobson
Hoekstra
Holden
Hostettler
Hulshof
Hunter
Hyde
Issa
Istook
Jenkins
John
Johnson (IL)
Jones (NC)
Kanjorski
Keller
Kennedy (MN)
Kildee
King (IA)
King (NY)
Kline
Knollenberg
LaHood
Langevin
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lucas (KY)
Lucas (OK)
Lynch
Manzullo
Marshall
McCotter
McCrery
McInnis
McIntyre
McKeon
McNulty
Mica
Michaud
Miller (FL)
Miller (MI)
Miller, Gary
Mollohan
Moran (KS)
Murphy
Murtha
Musgrave
Myrick
Nethercutt
Neugebauer
Ney
Northup
Nunes
Nussle
Oberstar
Ortiz
Osborne
Otter
Oxley
Paul
Pearce
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Porter
Putnam
Quinn
Radanovich
Rahall
Regula
Rehberg
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schrock
Sensenbrenner
Sessions
Shadegg
Sherwood
Shimkus
Shuster
Simpson
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Stearns
Stenholm
Stupak
Sullivan
Sweeney
Tancredo
Taylor (MS)
Taylor (NC)
Terry
Thornberry
Tiahrt
Tiberi
Toomey
Turner (OH)
Upton
Vitter
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOT VOTING--10
Delahunt
Fattah
Ford
Hayworth
Johnson, Sam
Kingston
Leach
Norwood
Portman
Tauzin
Announcement by the Chairman Pro Tempore
The CHAIRMAN pro tempore (Mr. Sweeney) (during the vote). Members are
advised 2 minutes remain in this vote.
{time} 1853
Mr. ORTIZ changed his vote from ``aye'' to ``no.''
Mr. BASS changed his vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Mr. HUNTER. Mr. Chairman, pursuant to section 4 of House Resolution
648, I hereby request that the following amendment be considered out of
the order printed in House Report 108-499: amendment No. 14.
Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Simpson) having assumed the chair, Mr. Sweeney, Chairman pro tempore of
the Committee of the Whole House on the State of the Union, reported
that that Committee, having had under consideration the bill (H.R.
4200) to authorize appropriations for fiscal year 2005 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 2005, and for other purposes, had
come to no resolution thereon.
____________________