[Congressional Record Volume 150, Number 91 (Tuesday, July 6, 2004)]
[Senate]
[Pages S7592-S7684]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2005

  On Wednesday, June 23 (legislative day of Tuesday, June 22), 2004, 
the Senate passed S. 2400, as follows:

                                S. 2400

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 
                   CONTENTS.

       (a) Divisions.--This Act is organized into three divisions 
     as follows:
       (1) Division A--Department of Defense Authorizations.
       (2) Division B--Military Construction Authorizations.
       (3) Division C--Department of Energy National Security 
     Authorizations and Other Authorizations.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.

                       Subtitle B--Army Programs

Sec. 111. Light utility helicopter program.
Sec. 112. Up-armored high mobility multi-purpose wheeled vehicles or 
              wheeled vehicle ballistic add-on armor protection.
Sec. 113. Command-and-control vehicles or field artillery ammunition 
              support vehicles.

                       Subtitle C--Navy Programs

Sec. 121. LHA(R) amphibious assault ship program.
Sec. 122. Multiyear procurement authority for the light weight 155-
              millimeter howitzer program.
Sec. 123. Pilot program for flexible funding of submarine engineered 
              refueling overhaul and conversion.

                     Subtitle D--Air Force Programs

Sec. 131. Prohibition of retirement of KC-135E aircraft.
Sec. 132. Prohibition of retirement of F-117 aircraft.
Sec. 133. Senior scout mission bed-down initiative.

                       Subtitle E--Other Matters

Sec. 141. Report on options for acquisition of precision-guided 
              munitions.
Sec. 142. Report on maturity and effectiveness of the Global 
              Information Grid Bandwidth Expansion (GIG-BE) Network.

          TITLE II--RESEARCH, DEVELOPMENT, TEST AND EVALUATION

              Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Amount for science and technology.

    Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. DD(X)-class destroyer program.
Sec. 212. Global Positioning System III satellite.
Sec. 213. Initiation of concept demonstration of Global Hawk high 
              altitude endurance unmanned aerial vehicle.
Sec. 214. Joint Unmanned Combat Air Systems program.
Sec. 215. Joint Strike Fighter Aircraft program.
Sec. 216. Joint experimentation.
Sec. 217. Infrastructure system security engineering development for 
              the Navy.
Sec. 218. Neurotoxin mitigation research.
Sec. 219. Spiral development of joint threat warning system maritime 
              variants.
Sec. 220. Advanced ferrite antenna.
Sec. 221. Prototype littoral array system for operating submarines.
Sec. 222. Advanced manufacturing technologies and radiation casualty 
              research.

                 Subtitle C--Ballistic Missile Defense

Sec. 231. Fielding of ballistic missile defense capabilities.
Sec. 232. Patriot Advance Capability-3 and Medium Extended Air Defense 
              System.
Sec. 233. Comptroller General assessments of ballistic missile defense 
              programs.
Sec. 234. Baselines and operational test and evaluation for ballistic 
              missile defense system.

                       Subtitle D--Other Matters

Sec. 241. Annual report on submarine technology insertion.
Sec. 242. Sense of the Senate regarding funding of the advanced 
              shipbuilding enterprise under the national shipbuilding 
              research program of the Navy.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Sec. 304. Amount for one source military counseling and referral 
              hotline.

    Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 311. Commander's Emergency Response Program.
Sec. 312. Limitation on transfers out of working capital funds.
Sec. 313. Family readiness program of the National Guard.

                  Subtitle C--Environmental Provisions

Sec. 321. Payment of certain private cleanup costs in connection with 
              Defense Environmental Restoration Program.
Sec. 322. Reimbursement of Environmental Protection Agency for certain 
              costs in connection with Moses Lake Wellfield Superfund 
              Site, Moses Lake, Washington.
Sec. 323. Satisfaction of certain audit requirements by the Inspector 
              General of the Department of Defense.
Sec. 324. Comptroller General study and report on drinking water 
              contamination and related health effects at Camp Lejeune, 
              North Carolina.
Sec. 325. Increase in authorized amount of environmental remediation, 
              Front Royal, Virginia.
Sec. 326. Comptroller General study and report on alternative 
              technologies to decontaminate groundwater at Department 
              of Defense installations.
Sec. 327. Sense of Senate on perchlorate contamination of ground and 
              surface water.
Sec. 328. Amount for research and development for improved prevention 
              of Leishmaniasis.
Sec. 329. Report regarding encroachment issues affecting Utah Test and 
              Training Range, Utah.

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             Subtitle D--Depot-Level Maintenance and Repair

Sec. 331. Simplification of annual reporting requirements concerning 
              funds expended for depot maintenance and repair 
              workloads.
Sec. 332. Repeal of requirement for annual report on management of 
              depot employees.
Sec. 333. Extension of special treatment for certain expenditures 
              incurred in the operation of centers of industrial and 
              technical excellence.

             Subtitle E--Extensions of Program Authorities

Sec. 341. Two-year extension of Department of Defense 
              telecommunications benefit.
Sec. 342. Two-year extension of Arsenal Support Program Initiative.
Sec. 343. Reauthorization of warranty claims recovery pilot program.

                Subtitle F--Defense Dependents Education

Sec. 351. Assistance to local educational agencies that benefit 
              dependents of members of the Armed Forces and Department 
              of Defense civilian employees.
Sec. 352. Impact aid for children with severe disabilities.
Sec. 353. Sense of the Senate regarding the impact of the privatization 
              of military housing on local schools

                       Subtitle G--Other Matters

Sec. 361. Charges for Defense Logistics Information Services materials.
Sec. 362. Temporary authority for contractor performance of security-
              guard functions.
Sec. 363. Pilot program for purchase of certain municipal services for 
              Department of Defense installations.
Sec. 364. Consolidation and improvement of authorities for Army 
              working-capital funded facilities to engage in public-
              private partnerships.
Sec. 365. Program to commemorate 60th anniversary of World War II.
Sec. 366. Media coverage of the return to the United States of the 
              remains of deceased members of the Armed Forces from 
              overseas.
Sec. 367. Tracking and care of members of the Armed Forces who are 
              injured in combat.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Additional authority for increases of Army active duty 
              personnel end strengths for fiscal years 2005 through 
              2009.
Sec. 403. Exclusion of service academy permanent and career professors 
              from a limitation on certain officer grade strengths.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
              reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2005 limitations on non-dual status technicians.
Sec. 415. Authorized strengths for Marine Corps Reserve officers in 
              active status in grades below general officer.

              Subtitle C--Authorizations of Appropriations

Sec. 421. Authorization of appropriations for military personnel.
Sec. 422. Armed Forces Retirement Home.

                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Joint Officer Personnel Management

Sec. 501. Modification of conditions of eligibility for waiver of joint 
              duty credit requirement for promotion to general or flag 
              officer.
Sec. 502. Management of joint specialty officers.
Sec. 503. Revised promotion policy objectives for joint officers.
Sec. 504. Length of joint duty assignments.
Sec. 505. Repeal of minimum period requirement for Phase II Joint 
              Professional Military Education.
Sec. 506. Revised definitions applicable to joint duty.

               Subtitle B--Other Officer Personnel Policy

Sec. 511. Transition of active-duty list officer force to a force of 
              all regular officers.
Sec. 512. Eligibility of Navy staff corps officers to serve as Deputy 
              Chiefs of Naval Operations and Assistant Chiefs of Naval 
              Operations.
Sec. 513. One-year extension of authority to waive joint duty 
              experience as eligibility requirement for appointment of 
              chiefs of reserve components.
Sec. 514. Limitation on number of officers frocked to major general and 
              rear admiral (upper half).
Sec. 515. Study regarding promotion eligibility of retired warrant 
              officers recalled to active duty.

             Subtitle C--Reserve Component Personnel Policy

Sec. 521. Repeal of exclusion of active duty for training from 
              authority to order reserves to active duty.
Sec. 522. Exception to mandatory retention of Reserves on active duty 
              to qualify for retirement pay.

                   Subtitle D--Education and Training

Sec. 531. One-year extension of Army College First pilot program.
Sec. 532. Military recruiter equal access to campus.
Sec. 533. Exclusion from denial of funds for preventing ROTC access to 
              campus of amounts to cover individual costs of attendance 
              at institutions of higher education.
Sec. 534. Transfer of authority to confer degrees upon graduates of the 
              Community College of the Air Force.
Sec. 535. Repeal of requirement for officer to retire upon termination 
              of service as Superintendent of the Air Force Academy.

           Subtitle E--Decorations, Awards, and Commendations

Sec. 541. Award of medal of honor to individual interred in the Tomb of 
              the Unknowns as representative of casualties of a war.
Sec. 542. Separate campaign medals for Operation Enduring Freedom and 
              for Operation Iraqi Freedom.
Sec. 543. Plan for revised criteria and eligibility requirements for 
              award of combat infantryman badge and combat medical 
              badge for service in Korea after July 28, 1953.

                      Subtitle F--Military Justice

Sec. 551. Reduced blood alcohol content limit for offense of drunken 
              operation of a vehicle, aircraft, or vessel.
Sec. 552. Waiver of recoupment of time lost for confinement in 
              connection with a trial.
Sec. 553. Department of Defense policy and procedures on prevention and 
              response to sexual assaults involving members of the 
              Armed Forces.

Subtitle G--Scope of Duties of Ready Reserve Personnel in Inactive Duty 
                                 Status

Sec. 561. Redesignation of inactive-duty training to encompass 
              operational and other duties performed by Reserves while 
              in inactive duty status.
Sec. 562. Repeal of unnecessary duty status distinction for funeral 
              honors duty.
Sec. 563. Conforming amendments to other laws referring to inactive-
              duty training.
Sec. 564. Conforming amendments to other laws referring to funeral 
              honors duty.

                       Subtitle H--Other Matters

Sec. 571. Accession of persons with specialized skills.
Sec. 572. Federal write-in ballots for absentee military voters located 
              in the United States.
Sec. 573. Renaming of National Guard Challenge Program and increase in 
              maximum Federal share of cost of State programs under the 
              program.
Sec. 574. Appearance of veterans service organizations at preseparation 
              counseling provided by the Department of Defense.
Sec. 575. Sense of the Senate regarding return of members to active 
              duty service upon rehabilitation from service-related 
              injuries.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Geographic basis for housing allowance during short-
              assignment permanent changes of station for education or 
              training.
Sec. 602. Immediate lump-sum reimbursement for unusual nonrecurring 
              expenses incurred for duty outside the continental United 
              States.
Sec. 603. Permanent increase in authorized amount of family separation 
              allowance.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay 
              authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay 
              authorities for certain health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for 
              nuclear officers.
Sec. 614. One-year extension of other bonus and special pay 
              authorities.
Sec. 615. Reduced service obligation for nurses receiving nurse 
              accession bonus.
Sec. 616. Assignment incentive pay.
Sec. 617. Permanent increase in authorized amount of hostile fire and 
              imminent danger special pay.

[[Page S7594]]

Sec. 618. Eligibility of enlisted members to qualify for critical 
              skills retention bonus while serving on indefinite 
              reenlistment.
Sec. 619. Clarification of educational pursuits qualifying for Selected 
              Reserve Education Loan Repayment Program for health 
              professions officers.
Sec. 620. Bonus for certain initial service of commissioned officers in 
              the Selected Reserve.
Sec. 621. Relationship between eligibility to receive supplemental 
              subsistence allowance and eligibility to receive imminent 
              danger pay, family separation allowance, and certain 
              Federal assistance.

            Subtitle C--Travel and Transportation Allowances

Sec. 631. Travel and transportation allowances for family members to 
              attend burial ceremonies of members who die on duty.
Sec. 632. Lodging costs incurred in connection with dependent student 
              travel.

             Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Special rule for computing the high-36 month average for 
              disabled members of reserve components.
Sec. 642. Death benefits enhancement.
Sec. 643. Repeal of phase-in of concurrent receipt of retired pay and 
              veterans' disability compensation for veterans with 
              service-connected disabilities rated as 100 percent.
Sec. 644. Full SBP survivor benefits for surviving spouses over age 62.
Sec. 645. Open enrollment period for survivor benefit plan commencing 
              October 1, 2005.

                       Subtitle E--Other Matters

Sec. 651. Increased maximum period for leave of absence for pursuit of 
              a program of education in a health care profession.
Sec. 652. Eligibility of members for reimbursement of expenses incurred 
              for adoption placements made by foreign governments.
Sec. 653. Acceptance of frequent traveler miles, credits, and tickets 
              to facilitate the air or surface travel of certain 
              members of the Armed Forces and their families.
Sec. 654. Child care for children of members of Armed Forces on active 
              duty for Operation Enduring Freedom or Operation Iraqi 
              Freedom.
Sec. 655. Relief for mobilized military reservists from certain Federal 
              agricultural loan obligations.

                         TITLE VII--HEALTH CARE

               Subtitle A--Enhanced Benefits for Reserves

Sec. 701. Demonstration project on health benefits for Reserves.
Sec. 702. Permanent earlier eligibility date for TRICARE benefits for 
              members of reserve components.
Sec. 703. Waiver of certain deductibles for members on active duty for 
              a period of more than 30 days.
Sec. 704. Protection of dependents from balance billing.
Sec. 705. Permanent extension of transitional health care benefits and 
              addition of requirement for preseparation physical 
              examination.
Sec. 706. Expanded eligibility of Ready Reserve members under TRICARE 
              program.
Sec. 707. Continuation of non-TRICARE health benefits plan coverage for 
              certain Reserves called or ordered to active duty and 
              their dependents.

                       Subtitle B--Other Matters

Sec. 711. Repeal of requirement for payment of subsistence charges 
              while hospitalized.
Sec. 712. Opportunity for young child dependent of deceased member to 
              become eligible for enrollment in a TRICARE dental plan.
Sec. 713. Pediatric dental practice necessary for professional 
              accreditation.
Sec. 714. Services of marriage and family therapists.
Sec. 715. Chiropractic health care benefits advisory committee.
Sec. 716. Grounds for Presidential waiver of requirement for informed 
              consent or option to refuse regarding administration of 
              drugs not approved for general use.
Sec. 717. Eligibility of cadets and midshipmen for medical and dental 
              care and disability benefits.
Sec. 718. Continuation of sub-acute care for transition period.
Sec. 719. Temporary authority for waiver of collection of payments due 
              for CHAMPUS benefits received by disabled persons unaware 
              of loss of CHAMPUS eligibility.
Sec. 720. Vaccine Healthcare Centers Network.
Sec. 721. Use of Department of Defense funds for abortions in cases of 
              rape and incest

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

             Subtitle A--Acquisition Policy and Management

Sec. 801. Responsibilities of acquisition executives and Chief 
              Information Officers under the Clinger-Cohen Act.
Sec. 802. Software-related program costs under major defense 
              acquisition programs.
Sec. 803. Internal controls for Department of Defense purchases through 
              GSA Client Support Centers.
Sec. 804. Defense commercial satellite services procurement process.
Sec. 805. Revision and extension of authority for advisory panel on 
              review of government procurement laws and regulations.

     Subtitle B--General Contracting Authorities, Procedures, and 
                     Limitations, and Other Matters

Sec. 811. Increased thresholds for applicability of certain 
              requirements.
Sec. 812. Period for multiyear task and delivery order contracts.
Sec. 813. Submission of cost or pricing data on noncommercial 
              modifications of commercial items.
Sec. 814. Delegations of authority to make determinations relating to 
              payment of defense contractors for business restructuring 
              costs.
Sec. 815. Limitation regarding service charges imposed for defense 
              procurements made through contracts of other agencies.
Sec. 816. Sense of the Senate on effects of cost inflation on the value 
              range of the contracts to which a small business contract 
              reservation applies.

        Subtitle C--Extensions of Temporary Program Authorities

Sec. 821. Extension of contract goal for small disadvantaged business 
              and certain institutions of higher education.
Sec. 822. Extension of Mentor-Protege program.
Sec. 823. Extension of test program for negotiation of comprehensive 
              small business subcontracting plans.
Sec. 824. Extension of pilot program on sales of manufactured articles 
              and services of certain Army industrial facilities.

                  Subtitle D--Industrial Base Matters

Sec. 831. Commission on the Future of the National Technology and 
              Industrial Base.
Sec. 832. Waiver authority for domestic source or content requirements.
Sec. 833. Consistency with United States obligations under trade 
              agreements.
Sec. 834. Repeal of certain requirements and limitations relating to 
              the defense industrial base.

         Subtitle E--Defense Acquisition and Support Workforce

Sec. 841. Limitation and reinvestment authority relating to reduction 
              of the defense acquisition and support workforce.
Sec. 842. Defense acquisition workforce improvements.

                Subtitle F--Public-Private Competitions

Sec. 851. Public-private competition for work performed by civilian 
              employees of the Department of Defense.
Sec. 852. Performance of certain work by Federal Government employees.
Sec. 853. Competitive sourcing reporting requirement.

                       Subtitle G--Other Matters

Sec. 861. Inapplicability of certain fiscal laws to settlements under 
              special temporary contract closeout authority.
Sec. 862. Demonstration program on expanded use of Reserves to perform 
              developmental testing, new equipment training, and 
              related activities.
Sec. 863. Applicability of competition exceptions to eligibility of 
              National Guard for financial assistance for performance 
              of additional duties.
Sec. 864. Management plan for contractor security personnel.
Sec. 865. Report on contractor performance of security, intelligence, 
              law enforcement, and criminal justice functions in Iraq.
Sec. 866. Accreditation study of commercial off-the-shelf processes for 
              evaluating information technology products and services.
Sec. 867. Contractor performance of acquisition functions closely 
              associated with inherently governmental functions.
Sec. 868. Contracting with employers of persons with disabilities.
Sec. 869. Energy savings performance contracts.
Sec. 870. Availability of Federal supply schedule supplies and services 
              to United Service Organizations, incorporated.
Sec. 871. Acquisition of aerial refueling aircraft for the Air Force.

[[Page S7595]]

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

                     Subtitle A--Reserve Components

Sec. 901. Modification of stated purpose of the reserve components.
Sec. 902. Commission on the National Guard and Reserves.
Sec. 903. Chain of succession for the Chief of the National Guard 
              Bureau.
Sec. 904. Redesignation of Vice Chief of the National Guard Bureau as 
              Director of the Joint Staff of the National Guard Bureau.
Sec. 905. Authority to redesignate the Naval Reserve.
Sec. 906. Homeland security activities of the National Guard.

                       Subtitle B--Other Matters

Sec. 911. Study of roles and authorities of the Director of Defense 
              Research and Engineering.
Sec. 912. Directors of Small Business Programs.
Sec. 913. Leadership positions for the Naval Postgraduate School.
Sec. 914. United States Military Cancer Institute.
Sec. 915. Authorities of the Judge Advocates General.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

Sec. 1001. Transfer authority.
Sec. 1002. United States contribution to NATO common-funded budgets in 
              fiscal year 2005.
Sec. 1003. Reduction in overall authorization due to inflation savings.
Sec. 1004. Defense business systems investment management.
Sec. 1005. Uniform funding and management of service academy athletic 
              and recreational extracurricular programs.
Sec. 1006. Authorization of appropriations for a contingent emergency 
              reserve fund for operations in Iraq and Afghanistan.

                Subtitle B--Naval Vessels and Shipyards

Sec. 1011. Exchange and sale of obsolete Navy service craft and boats.
Sec. 1012. Limitation on disposal of obsolete naval vessel.
Sec. 1013. Award of contracts for ship dismantling on net cost basis.
Sec. 1014. Authority to transfer naval vessels to certain foreign 
              countries.

                          Subtitle C--Reports

Sec. 1021. Report on contractor security in Iraq.
Sec. 1022. Technical correction to reference to certain annual reports.
Sec. 1023. Study of establishment of mobilization station at Camp 
              Ripley National Guard Training Center, Little Falls, 
              Minnesota.
Sec. 1024. Report on training provided to members of the Armed Forces 
              to prepare for post-conflict operations.
Sec. 1025. Report on availability of potential overland ballistic 
              missile defense test ranges.
Sec. 1026. Operation of the Federal voting assistance program and the 
              Military Postal System.
Sec. 1027. Report on establishing national centers of excellence for 
              unmanned aerial and ground vehicles.
Sec. 1028. Report on post-major combat operations phase of Operation 
              Iraqi Freedom.
Sec. 1029. Comptroller General analysis of use of transitional benefit 
              corporations in connection with competitive sourcing of 
              performance of Department of Defense activities and 
              functions.
Sec. 1029A. Comptroller General study of programs of transition 
              assistance for personnel separating from the Armed 
              Forces.
Sec. 1029B. Study on coordination of job training and certification 
              standards.
Sec. 1029C. Content of preseparation counseling for personnel 
              separating from active duty service.
Sec. 1029D. Periodic detailed accounting for operations of the global 
              war on terrorism.
Sec. 1029E. Report on the stabilization of Iraq.
Sec. 1029F. Reports on matters relating to detainment of prisoners by 
              the Department of Defense.

                 Subtitle D--Matters Relating to Space

Sec. 1031. Space posture review.
Sec. 1032. Panel on the Future of Military Space Launch.
Sec. 1033. Operationally responsive national security payloads for 
              space satellites.
Sec. 1034. Nondisclosure of certain products of commercial satellite 
              operations.
Sec. 1035. Sense of Congress on space launch ranges.

                 Subtitle E--Defense Against Terrorism

Sec. 1041. Temporary acceptance of communications equipment provided by 
              local public safety agencies.
Sec. 1042. Full-time dedication of airlift support for homeland defense 
              operations.
Sec. 1043. Survivability of critical systems exposed to chemical or 
              biological contamination.

             Subtitle F--Matters Relating to Other Nations

Sec. 1051. Humanitarian assistance for the detection and clearance of 
              landmines and explosive remnants of war.
Sec. 1052. Use of funds for unified counterdrug and counterterrorism 
              campaign in Colombia.
Sec. 1053. Assistance to Iraq and Afghanistan military and security 
              forces.
Sec. 1054. Assignment of NATO naval personnel to submarine safety 
              research and development programs.
Sec. 1055. Compensation for former prisoners of war.
Sec. 1056. Drug eradication efforts in Afghanistan.
Sec. 1057. Humane treatment of detainees.
Sec. 1058. United Nations Oil-For-Food Program.
Sec. 1059. Sense of Congress on the global partnership against the 
              spread of weapons of mass destruction.
Sec. 1059A Exception to bilateral agreement requirements for transfers 
              of defense items.
Sec. 1059B. Redesignation and modification of authorities relating to 
              Inspector General of the coalition provisional authority.
Sec. 1059C. Treatment of foreign prisoners.

                       Subtitle G--Other Matters

Sec. 1061. Technical amendments relating to definitions of general 
              applicability in title 10, United States Code.
Sec. 1062. Two-year extension of authority of Secretary of Defense to 
              engage in commercial activities as security for 
              intelligence collection activities abroad.
Sec. 1063. Liability protection for persons voluntarily providing 
              maritime-related services accepted by the Navy.
Sec. 1064. Licensing of intellectual property.
Sec. 1065. Delay of electronic voting demonstration project.
Sec. 1066. War risk insurance for merchant marine vessels.
Sec. 1067. Repeal of quarterly reporting requirement concerning 
              payments for District of Columbia water and sewer 
              services and establishment of annual report by Treasury.
Sec. 1068. Receipt of pay by reserves from civilian employers while on 
              active duty in connection with a contingency operation.
Sec. 1069. Protection of Armed Forces personnel from retaliatory 
              actions for communications made through the chain of 
              command.
Sec. 1070. Missile defense cooperation.
Sec. 1071. Policy on nonproliferation of ballistic missiles.
Sec. 1072. Reimbursement for certain protective, safety, or health 
              equipment purchased by or for members of the Armed Forces 
              for deployment in operations in Iraq and central Asia.
Sec. 1073. Preservation of search and rescue capabilities of the 
              Federal Government.
Sec. 1074. Grant of Federal charter to Korean War Veterans Association, 
              Incorporated.
Sec. 1075. Coordination of USERRA with the Internal Revenue Code of 
              1986.
Sec. 1076. Aerial firefighting equipment.
Sec. 1077. Sense of Senate on American Forces Radio and Television 
              Service.
Sec. 1078. Sense of Congress on America's National World War I Museum.
Sec. 1079. Reduction of barriers for Hispanic-serving institutions in 
              defense contracts, defense research programs, and other 
              minority-related defense programs.
Sec. 1080. Extension of scope and jurisdiction for current fraud 
              offenses.
Sec. 1081. Contractor accountability.
Sec. 1082. Definition of United States.
Sec. 1083. Mentor-protege pilot program.
Sec. 1084. Broadcast Decency Enforcement Act of 2004.
Sec. 1085. Children's Protection from Violent Programming Act.
Sec. 1086. Assessment of effectiveness of current rating system for 
              violence and effectiveness of V-chip in blocking violent 
              programming.
Sec. 1087. Unlawful distribution of violent video programming that is 
              not specifically rated for violence and therefore is not 
              blockable.
Sec. 1088. Separability.
Sec. 1089. Effective Date.
Sec. 1090. Pilot program on cryptologic service training.
Sec. 1091. Energy savings performance contracts.
Sec. 1092. Clarification of fiscal year 2004 funding level for a 
              National Institute of Standards and Technology account.
Sec. 1093. Report on offset requirements under certain contracts.

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       TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY

Sec. 1101. Science, mathematics, and research for transformation 
              (SMART) defense scholarship pilot program.
Sec. 1102. Foreign language proficiency pay.
Sec. 1103. Pay and performance appraisal parity for civilian 
              intelligence personnel.
Sec. 1104. Accumulation of annual leave by intelligence senior level 
              employees.
Sec. 1105. Pay parity for senior executives in defense nonappropriated 
              fund instrumentalities.
Sec. 1106. Health benefits program for employees of nonappropriated 
              fund instrumentalities.
Sec. 1107. Bid protests by Federal employees in actions under Office of 
              Management and Budget Circular A-76.
Sec. 1108. Report on how to recruit and retain individuals with foreign 
              language skills.
Sec. 1109. Plan on implementation and utilization of flexible personnel 
              management authorities in Department of Defense 
              laboratories.
Sec. 1110. Nonreduction in pay while Federal employee is performing 
              active service in the uniformed services or National 
              Guard.

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

Sec. 1201. Specification of Cooperative Threat Reduction programs and 
              funds.
Sec. 1202. Funding allocations.
Sec. 1203. Modification and waiver of limitation on use of funds for 
              chemical weapons destruction facilities in Russia.
Sec. 1204. Inclusion of descriptive summaries in annual Cooperative 
              Threat Reduction reports and budget justification 
              materials.

     TITLE XIII--MEDICAL READINESS TRACKING AND HEALTH SURVEILLANCE

Sec. 1301. Annual medical readiness plan and Joint Medical Readiness 
              Oversight Committee.
Sec. 1302. Medical readiness of Reserves.
Sec. 1303. Baseline Health Data Collection Program.
Sec. 1304. Medical care and tracking and health surveillance in the 
              theater of operations.
Sec. 1305. Declassification of information on exposures to 
              environmental hazards.
Sec. 1306. Environmental hazards.
Sec. 1307. Post-deployment medical care responsibilities of 
              installation commanders.
Sec. 1308. Full implementation of Medical Readiness Tracking and Health 
              Surveillance Program and Force Health Protection and 
              Readiness Program.
Sec. 1309. Other matters.
Sec. 1310. Use of civilian experts as consultants.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

                            TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 
              2004 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year 
              2003 project.

                            TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year 
              2004 projects.

                         TITLE XXIII--AIR FORCE

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

                      TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land 
              acquisition projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Guard and Reserve construction and land 
              acquisition projects.

        TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be 
              specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 2002 
              projects.
Sec. 2703. Extension of authorization of certain fiscal year 2001 
              project.
Sec. 2704. Effective date.

                    TITLE XXVIII--GENERAL PROVISIONS

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

Sec. 2801. Increase in thresholds for unspecified minor military 
              construction projects.
Sec. 2802. Modification of approval and notice requirements for 
              facility repair projects.
Sec. 2803. Additional reporting requirements relating to alternative 
              authority for acquisition and improvement of military 
              housing.
Sec. 2804. Modification of authorities under alternative authority for 
              acquisition and improvement of military housing.

        Subtitle B--Real Property and Facilities Administration

Sec. 2811. Recodification and consolidation of certain authorities and 
              limitations relating to real property administration.
Sec. 2812. Modification and enhancement of authorities on facilities 
              for reserve components.
Sec. 2813. Authority to exchange or sell reserve component facilities 
              and lands to obtain new reserve component facilities and 
              lands.
Sec. 2814. Repeal of authority of Secretary of Defense to recommend 
              that installations be placed in inactive status during 
              2005 round of defense base closure and realignment.

                      Subtitle C--Land Conveyances

Sec. 2821. Transfer of administrative jurisdiction, Defense Supply 
              Center, Columbus, Ohio.
Sec. 2822. Land conveyance, Browning Army Reserve Center, Utah.
Sec. 2823. Land exchange, Arlington County, Virginia.
Sec. 2824. Land conveyance, Hampton, Virginia.
Sec. 2825. Land conveyance, Seattle, Washington.
Sec. 2826. Transfer of jurisdiction, Nebraska Avenue Naval Complex, 
              District of Columbia.
Sec. 2827. Land conveyance, Honolulu, Hawaii.
Sec. 2828. Land conveyance, Portsmouth, Virginia.
Sec. 2829. Land conveyance, former Griffiss Air Force Base, New York.
Sec. 2830. Land exchange, Maxwell Air Force Base, Alabama.
Sec. 2831. Land exchange, Naval Air Station, Patuxent River, Maryland.
Sec. 2832. Land conveyance, March Air Force Base, California.
Sec. 2833. Land conveyance, Sunflower Army Ammunition Plant, Kansas.
Sec. 2834. Land conveyance, Naval Weapons Station, Charleston, South 
              Carolina.
Sec. 2835. Land conveyance, Louisiana Army Ammunition Plant, Doyline, 
              Louisiana.
Sec. 2836. Modification of authority for land conveyance, equipment and 
              storage yard, Charleston, South Carolina.

                       Subtitle D--Other Matters

Sec. 2841. Department of Defense Follow-On Laboratory Revitalization 
              Demonstration Program.
Sec. 2842. Jurisdiction and utilization of former public domain lands, 
              Umatilla Chemical Depot, Oregon.
Sec. 2843. Development of heritage center for the National Museum of 
              the United States Army.
Sec. 2844. Authority to settle claim of Oakland Base Reuse Authority 
              and Redevelopment Agency of the City of Oakland, 
              California.
Sec. 2845. Comptroller general report on closure of Department of 
              Defense Dependent Elementary and Secondary Schools and 
              commissary stores.

                  TITLE XXIX--MARITIME ADMINISTRATION

Sec. 2901. Modification of priority afforded applications for national 
              defense tank vessel construction assistance.

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.

[[Page S7597]]

Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Limitation on availability of funds for Modern Pit Facility.
Sec. 3112. Limitation on availability of funds for Advanced Nuclear 
              Weapons Concepts Initiative.
Sec. 3113. Limited authority to carry out new projects under Facilities 
              and Infrastructure Recapitalization Program after project 
              selection deadline.
Sec. 3114. Modification of milestone and report requirements for 
              National Ignition Facility.
Sec. 3115. Modification of submittal date of annual plan for 
              stewardship, management, and certification of warheads in 
              the nuclear weapons stockpile.
Sec. 3116. Defense site acceleration completion.
Sec. 3117. National Academy of Sciences study.
Sec. 3118. Annual report on expenditures for safeguards and security.
Sec. 3119. Authority to consolidate counterintelligence offices of 
              Department of Energy and National Nuclear Security 
              Administration within National Nuclear Security 
              Administration.
Sec. 3120. Treatment of waste material.
Sec. 3121. Local stakeholder organizations for Department of Energy 
              environmental management 2006 closure sites.
Sec. 3122. Report on maintenance of retirement benefits for certain 
              workers at 2006 closure sites after closure of sites.
Sec. 3123. Report on Efforts of National Nuclear Security 
              Administration to understand plutonium aging.

                   Subtitle C--Proliferation Matters

Sec. 3131. Modification of authority to use international nuclear 
              materials protection and cooperation program funds 
              outside the former Soviet Union.
Sec. 3132. Acceleration of removal or security of fissile materials, 
              radiological materials, and related equipment at 
              vulnerable sites worldwide.

                       Subtitle D--Other Matters

Sec. 3141. Indemnification of Department of Energy contractors.
Sec. 3142. Two-year extension of authority for appointment of certain 
              scientific, engineering, and technical personnel.
Sec. 3143. Enhancement of Energy Employees Occupational Illness 
              Compensation Program authorities.
Sec. 3144. Support for public education in the vicinity of Los Alamos 
              National Laboratory, New Mexico.
Sec. 3145. Review of Waste Isolation Pilot Plant, New Mexico, pursuant 
              to competitive contract.
Sec. 3146. Compensation of Pajarito Plateau, New Mexico, homesteaders 
              for acquisition of lands for Manhattan Project in World 
              War II.

 Subtitle E--Energy Employees Occupational Illness Compensation Program

Sec. 3161. Coverage of individuals employed at atomic weapons employer 
              facilities during periods of residual contamination.
Sec. 3162. Update of report on residual contamination of facilities.
Sec. 3163. Workers compensation.
Sec. 3164. Termination of effect of other enhancements of Energy 
              Employees Occupational Illness Compensation Program.
Sec. 3165. Sense of Senate on resource center for energy employees 
              under Energy Employee Occupational Illness Compensation 
              Program in Western New York and Western Pennsylvania 
              region.
Sec. 3166. Review by Congress of individuals designated by President as 
              members of cohort.
Sec. 3167. Inclusion of certain former nuclear weapons program workers 
              in special exposure cohort under the Energy Employees 
              Occupational Illness Compensation Program.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Disposal of ferromanganese.
Sec. 3302. Revisions to required receipt objectives for certain 
              previously authorized disposals from the National Defense 
              Stockpile.
Sec. 3303. Prohibition on storage of mercury at certain facilities.

           TITLE XXXIV--LOCAL LAW ENFORCEMENT ENHANCEMENT ACT

Sec. 3401. Short Title.
Sec. 3402. Findings.
Sec. 3403. Definition of hate crime.
Sec. 3404. Support for criminal investigations and prosecutions by 
              State and local law enforcement officials.
Sec. 3405. Grant Program.
Sec. 3406. Authorization for additional personnel to assist State and 
              local law enforcement.
Sec. 3407. Prohibition of certain hate crime acts.
Sec. 3408. Duties of Federal Sentencing Commission.
Sec. 3409. Statistics.
Sec. 3410. Severability.

                 TITLE XXXV--ASSISTANCE TO FIREFIGHTERS

Sec. 3501. Short title.
Sec. 3502. Authority of Secretary of Homeland Security for Firefighter 
              Assistance Program.
Sec. 3503. Grants to volunteer emergency medical service organizations.
Sec. 3504. Grants for automated external defibrillator devices.
Sec. 3505. Criteria for reviewing grant applications.
Sec. 3506. Financial assistance for firefighter safety programs.
Sec. 3507. Assistance for applications.
Sec. 3508. Reduced requirements for matching funds.
Sec. 3509. Grant recipient limitations.
Sec. 3510. Other considerations.
Sec. 3511. Reports to congress.
Sec. 3512. Technical corrections.
Sec. 3513. Authorization of appropriations.

     SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

       For purposes of this Act, the term ``congressional defense 
     committees'' means--
       (1) the Committee on Armed Services and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Appropriations of the House of Representatives.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

     SEC. 101. ARMY.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2005 for procurement for the Army as follows:
       (1) For aircraft, $2,702,640,000.
       (2) For missiles, $1,488,321,000.
       (3) For weapons and tracked combat vehicles, 
     $1,693,595,000.
       (4) For ammunition, $1,598,302,000.
       (5) For other procurement, $5,384,296,000.

     SEC. 102. NAVY AND MARINE CORPS.

       (a) Navy.--Funds are hereby authorized to be appropriated 
     for fiscal year 2005 for procurement for the Navy as follows:
       (1) For aircraft, $8,870,832,000.
       (2) For weapons, including missiles and torpedoes, 
     $2,183,829,000.
       (3) For shipbuilding and conversion, $10,127,027,000.
       (4) For other procurement, $4,904,978,000.
       (b) Marine Corps.--Funds are hereby authorized to be 
     appropriated for fiscal year 2005 for procurement for the 
     Marine Corps in the amount of $1,303,203,000.
       (c) Navy and Marine Corps Ammunition.--Funds are hereby 
     authorized to be appropriated for fiscal year 2005 for 
     procurement of ammunition for the Navy and the Marine Corps 
     in the amount of $873,140,000.

     SEC. 103. AIR FORCE.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2005 for procurement for the Air Force as follows:
       (1) For aircraft, $13,033,674,000.
       (2) For missiles, $4,635,613,000.
       (3) For ammunition, $1,396,457,000.
       (4) For other procurement, $13,298,257,000.

     SEC. 104. DEFENSE-WIDE ACTIVITIES.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2005 for Defense-wide procurement in the amount of 
     $2,967,402,000.

                       Subtitle B--Army Programs

     SEC. 111. LIGHT UTILITY HELICOPTER PROGRAM.

       (a) Limitation.--Of the funds authorized to be appropriated 
     under section 101(1) for the procurement of light utility 
     helicopters, $45,000,000 may not be obligated or expended 
     until 30 days after the date on which the Secretary of the 
     Army submits to the congressional defense committees a report 
     that contains--
       (1) the Secretary's certification that all required 
     documentation for the acquisition of light utility 
     helicopters has been completed and approved; and
       (2) the Army aviation modernization plan required by 
     subsection (b).
       (b) Army Aviation Modernization Plan.--(1) Not later than 
     March 1, 2005, the Secretary of the Army shall submit to the 
     congressional defense committees an updated modernization 
     plan for Army aviation.
       (2) The updated Army aviation modernization plan shall 
     contain, at a minimum, the following matters:
       (A) The analysis on which the plan is based.
       (B) A discussion of the Secretary's decision to terminate 
     the Comanche helicopter program and to restructure the 
     aviation force of the Army.
       (C) The actions taken or to be taken to accelerate the 
     procurement and development of aircraft survivability 
     equipment for Army aircraft, together with a detailed list of 
     aircraft survivability equipment that specifies such 
     equipment by platform and by the related programmatic funding 
     for procurement.
       (D) A discussion of the conversion of Apache helicopters to 
     block III configuration, including the rationale for 
     converting

[[Page S7598]]

     only 501 Apache helicopters to that configuration and the 
     costs associated with a conversion of all Apache helicopters 
     to the block III configuration.
       (E) A discussion of the procurement of light armed 
     reconnaissance helicopters, including the rationale for the 
     requirement for light armed reconnaissance helicopters and a 
     discussion of the costs associated with upgrading the light 
     armed reconnaissance helicopter to meet Army requirements.
       (F) The rationale for the Army's requirement for light 
     utility helicopters, together with a summary and copy of the 
     analysis of the alternative means for meeting such 
     requirement that the Secretary considered in the 
     determination to procure light utility helicopters, 
     including, at a minimum, the analysis of the alternative of 
     using light armed reconnaissance helicopters and UH-60 Black 
     Hawk helicopters instead of light utility helicopters to meet 
     such requirement.
       (G) The rationale for the procurement of cargo fixed-wing 
     aircraft.
       (H) The rationale for the initiation of a joint multi-role 
     helicopter program.
       (I) A description of the operational employment of the 
     Army's restructured aviation force.

     SEC. 112. UP-ARMORED HIGH MOBILITY MULTI-PURPOSE WHEELED 
                   VEHICLES OR WHEELED VEHICLE BALLISTIC ADD-ON 
                   ARMOR PROTECTION.

       (a) Amount.--Of the amount authorized to be appropriated 
     for the Army for fiscal year 2005 for other procurement under 
     section 101(5), $610,000,000 shall be available for both of 
     the purposes described in subsection (b) and may be used for 
     either or both of such purposes.
       (b) Purposes.--The purposes referred to in subsection (a) 
     are as follows:
       (1) The procurement of up-armored high mobility multi-
     purpose wheeled vehicles at a rate up to 450 such vehicles 
     each month.
       (2) The procurement of wheeled vehicle ballistic add-on 
     armor protection.
       (c) Allocation by Secretary of the Army.--(1) The Secretary 
     of the Army shall allocate the amount available under 
     subsection (a) between the two purposes set forth in 
     subsection (b) as the Secretary determines appropriate to 
     meet the requirements of the Army.
       (2) Not later than 15 days before making an allocation 
     under paragraph (1), the Secretary shall transmit a 
     notification of the proposed allocation to the congressional 
     defense committees.
       (d) Prohibition on Use for Other Purposes.--The amount 
     available under subsection (a) may not be used for any 
     purpose other than a purpose specified in subsection (b).

     SEC. 113. COMMAND-AND-CONTROL VEHICLES OR FIELD ARTILLERY 
                   AMMUNITION SUPPORT VEHICLES.

       (a) Increased Amount for Procurement of Weapons and Tracked 
     Combat Vehicles.--The amount authorized to be appropriated 
     under section 101(3) is hereby increased by $5,000,000.
       (b) Amount for Command-and-Control Vehicles or Field 
     Artillery Ammunition Support Vehicles.--Of the amount 
     authorized to be appropriated under section 101(3), 
     $5,000,000 may be used for the procurement of command-and-
     control vehicles or field artillery ammunition support 
     vehicles.
       (c) Offset.--The amount authorized to be appropriated by 
     section 421 is hereby reduced by $5,000,000, with the amount 
     of the reduction to be derived from excess amounts provided 
     for military personnel of the Air Force.

                       Subtitle C--Navy Programs

     SEC. 121. LHA(R) AMPHIBIOUS ASSAULT SHIP PROGRAM.

       (a) Authorization of Ship.--The Secretary of the Navy is 
     authorized to procure the first amphibious assault ship of 
     the LHA(R) class, subject to the availability of 
     appropriations for that purpose.
       (b) Authorized Amount.--Of the amount authorized to be 
     appropriated under section 102(a)(3) for fiscal year 2005, 
     $150,000,000 shall be available for the advance procurement 
     and advance construction of components for the first 
     amphibious assault ship of the LHA(R) class. The Secretary of 
     the Navy may enter into a contract or contracts with the 
     shipbuilder and other entities for the advance procurement 
     and advance construction of those components.

     SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR THE LIGHT 
                   WEIGHT 155-MILLIMETER HOWITZER PROGRAM.

       (a) Authority.--Beginning with the fiscal year 2005 program 
     year, the Secretary of the Navy may, in accordance with 
     section 2306b of title 10, United States Code, enter into a 
     multiyear contract for the procurement of the light weight 
     155-millimeter howitzer.
       (b) Limitation.--The Secretary may not enter into a 
     multiyear contract for the procurement of light weight 155 
     millimeter howitzers under subsection (a) until the Secretary 
     determines on the basis of operational testing that the light 
     weight 155-millimeter howitzer is effective for fleet use.

     SEC. 123. PILOT PROGRAM FOR FLEXIBLE FUNDING OF SUBMARINE 
                   ENGINEERED REFUELING OVERHAUL AND CONVERSION.

       (a) Establishment.--The Secretary of the Navy may carry out 
     a pilot program of flexible funding of engineered refueling 
     overhauls and conversions of submarines in accordance with 
     this section.
       (b) Authority.--Under the pilot program, the Secretary of 
     the Navy may, subject to subsection (d), transfer amounts 
     described in subsection (c) to the authorization of 
     appropriations for the Navy for procurement for shipbuilding 
     and conversion for any fiscal year to continue to provide 
     authorization of appropriations for any engineered refueling 
     conversion or overhaul of a submarine of the Navy for which 
     funds were initially provided on the basis of the 
     authorization of appropriations to which transferred.
       (c) Amounts Available for Transfer.--The amounts available 
     for transfer under this section are amounts authorized to be 
     appropriated to the Navy for any fiscal year after fiscal 
     year 2004 and before fiscal year 2013 for the following 
     purposes:
       (1) For procurement as follows:
       (A) For shipbuilding and conversion.
       (B) For weapons procurement.
       (C) For other procurement.
       (2) For operation and maintenance.
       (d) Limitations.--(1) A transfer may be made with respect 
     to a submarine under this section only to meet either (or 
     both) of the following requirements:
       (A) An increase in the size of the workload for engineered 
     refueling overhaul and conversion to meet existing 
     requirements for the submarine.
       (B) A new engineered refueling overhaul and conversion 
     requirement resulting from a revision of the original 
     baseline engineered refueling overhaul and conversion program 
     for the submarine.
       (2) A transfer may not be made under this section before 
     the date that is 30 days after the date on which the 
     Secretary of the Navy transmits to the congressional defense 
     committees a written notification of the intended transfer. 
     The notification shall include the following matters:
       (A) The purpose of the transfer.
       (B) The amounts to be transferred.
       (C) Each account from which the funds are to be 
     transferred.
       (D) Each program, project, or activity from which the 
     amounts are to be transferred.
       (E) Each account to which the amounts are to be 
     transferred.
       (F) A discussion of the implications of the transfer for 
     the total cost of the submarine engineered refueling overhaul 
     and conversion program for which the transfer is to be made.
       (e) Merger of Funds.--A transfer made from one account to 
     another with respect to the engineered refueling overhaul and 
     conversion of a submarine under the authority of this section 
     shall be deemed to increase the amount authorized for the 
     account to which the amount is transferred by an amount equal 
     to the amount transferred and shall be available for the 
     engineered refueling overhaul and conversion of such 
     submarine for the same period as the account to which 
     transferred.
       (f) Relationship to Other Transfer Authority.--The 
     authority to make transfers under this section is in addition 
     to any other transfer authority provided in this or any other 
     Act and is not subject to any restriction, limitation, or 
     procedure that is applicable to the exercise of any such 
     other authority.
       (g) Final Report.--Not later than October 1, 2011, the 
     Secretary of the Navy shall submit to the congressional 
     defense committees a report containing the Secretary's 
     evaluation of the efficacy of the authority provided under 
     this section.
       (h) Termination of Program.--No transfer may be made under 
     this section after September 30, 2012.

                     Subtitle D--Air Force Programs

     SEC. 131. PROHIBITION OF RETIREMENT OF
                   KC-135E AIRCRAFT.

       The Secretary of the Air Force may not retire any KC-135E 
     aircraft of the Air Force in fiscal year 2005.

     SEC. 132. PROHIBITION OF RETIREMENT OF
                   F-117 AIRCRAFT.

       No F-117 aircraft in use by the Air Force during fiscal 
     year 2004 may be retired during fiscal year 2005.

     SEC. 133. SENIOR SCOUT MISSION BED-DOWN INITIATIVE.

       (a) Amount for Program.--The amount authorized to be 
     appropriated by section 103(1) is hereby increased by 
     $2,000,000, with the amount of the increase to be available 
     for a bed-down initiative to enable the C-130 aircraft of the 
     Idaho Air National Guard to be the permanent carrier of the 
     SENIOR SCOUT mission shelters of the 169th Intelligence 
     Squadron of the Utah Air National Guard.
       (b) Offset.--The amount authorized to be appropriated by 
     section 421 is hereby reduced by $2,000,000, with the amount 
     of the reduction to be derived from excess amounts provided 
     for military personnel of the Air Force.

                       Subtitle E--Other Matters

     SEC. 141. REPORT ON OPTIONS FOR ACQUISITION OF PRECISION-
                   GUIDED MUNITIONS.

       (a) Requirement for Report.--Not later than March 1, 2005, 
     the Secretary of Defense shall submit a report on options for 
     the acquisition of precision-guided munitions to the 
     congressional defense committees.
       (b) Content of Report.--The report shall include the 
     following matters:
       (1) A list of the precision-guided munitions in the 
     inventory of the Department of Defense.
       (2) For each such munition--
       (A) the inventory level as of the most recent date that it 
     is feasible to specify when the report is prepared;
       (B) the inventory objective that is necessary to execute 
     the current National Military Strategy prescribed by the 
     Chairman of the Joint Chiefs of Staff;
       (C) the year in which that inventory objective would be 
     expected to be achieved--

[[Page S7599]]

       (i) if the munition were procured at the minimum sustained 
     production rate;
       (ii) if the munition were procured at the most economic 
     production rate; and
       (iii) if the munition were procured at the maximum 
     production rate; and
       (D) the procurement cost (in constant fiscal year 2004 
     dollars) at each of the production rates specified in 
     subparagraph (C).

     SEC. 142. REPORT ON MATURITY AND EFFECTIVENESS OF THE GLOBAL 
                   INFORMATION GRID BANDWIDTH EXPANSION (GIG-BE) 
                   NETWORK.

       (a) Report Required.--Not later that 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the Committee on Armed Services of the Senate 
     and the Committee on Armed Services of the House of 
     Representatives a report on a test program to demonstrate the 
     maturity and effectiveness of the Global Information Grid-
     Bandwidth Expansion (GIG-BE) network architecture.
       (b) Contents of Report.--The report under subsection (a) 
     shall--
       (1) determine whether the results of the test program 
     described in subsection (a) demonstrate compliance of the 
     GIG-BE architecture with the overall goals of the GIG-BE 
     program;
       (2) identify--
       (A) the extent to which the GIG-BE architecture does not 
     meet the overall goals of the program; and
       (B) the components that are not yet sufficiently developed 
     to achieve the overall goals of the program;
       (3) include a plan and cost estimates for achieving 
     compliance; and
       (4) document the equipment and network configuration used 
     to demonstrate real-world scenarios within the continental 
     United States.

          TITLE II--RESEARCH, DEVELOPMENT, TEST AND EVALUATION

              Subtitle A--Authorization of Appropriations

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2005 for the use of the Department of Defense for 
     research, development, test, and evaluation as follows:
       (1) For the Army, $9,686,958,000.
       (2) For the Navy, $16,679,391,000.
       (3) For the Air Force, $21,264,267,000.
       (4) For Defense-wide activities, $20,635,937,000, of which 
     $309,135,000 is authorized for the Director of Operational 
     Test and Evaluation.

     SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY.

       (a) Amount for Projects.--Of the total amount authorized to 
     be appropriated by section 201, $10,998,850,000 shall be 
     available for science and technology projects.
       (b) Science and Technology Defined.--In this section, the 
     term ``science and technology project'' means work funded in 
     program elements for defense research, development, test, and 
     evaluation under Department of Defense budget activities 1, 
     2, or 3.

    Subtitle B--Program Requirements, Restrictions, and Limitations

     SEC. 211. DD(X)-CLASS DESTROYER PROGRAM.

       (a) Authorization of Ship.--For the second destroyer in the 
     DD(X)-class destroyer program, the Secretary of the Navy is 
     authorized to use funds authorized to be appropriated to the 
     Navy under section 201(2).
       (b) Amount for Detail Design.--Of the amount authorized to 
     be appropriated under section 201(2) for fiscal year 2005, 
     $99,400,000 shall be available for the detail design of the 
     second destroyer of the DD(X)-class.

     SEC. 212. GLOBAL POSITIONING SYSTEM III SATELLITE.

       Not more than 80 percent of the amount authorized to be 
     appropriated by section 201(4) and available for the purpose 
     of research, development, test, and evaluation on the Global 
     Positioning System III satellite may be obligated or expended 
     for that purpose until the Secretary of Defense--
       (1) completes an analysis of alternatives for the satellite 
     and ground architectures, satellite technologies, and 
     tactics, techniques, and procedures for the next generation 
     global positioning system (GPS); and
       (2) submits to the congressional defense committees a 
     report on the results of the analysis, including an 
     assessment of the results of the analysis.

     SEC. 213. INITIATION OF CONCEPT DEMONSTRATION OF GLOBAL HAWK 
                   HIGH ALTITUDE ENDURANCE UNMANNED AERIAL 
                   VEHICLE.

       Section 221(c) of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-40) is amended by 
     striking ``March 1, 2001'' and inserting ``March 1, 2005''.

     SEC. 214. JOINT UNMANNED COMBAT AIR SYSTEMS PROGRAM.

       (a) Executive Committee.--(1) The Secretary of Defense 
     shall, subject to subsection (b), establish and require an 
     executive committee to provide guidance and recommendations 
     for the management of the Joint Unmanned Combat Air Systems 
     program to the Director of the Defense Advanced Research 
     Projects Agency and the personnel who are managing the 
     program for such agency.
       (2) The executive committee established under paragraph (1) 
     shall be composed of the following members:
       (A) The Under Secretary of Defense for Acquisition, 
     Technology, and Logistics, who shall chair the executive 
     committee.
       (B) The Assistant Secretary of the Navy for Research, 
     Development, and Acquisition.
       (C) The Assistant Secretary of the Air Force for 
     Acquisition.
       (D) The Deputy Chief of Naval Operations for Warfare 
     Requirements and Programs.
       (E) The Deputy Chief of Staff of the Air Force for Air and 
     Space Operations.
       (F) Any additional personnel of the Department of Defense 
     whom the Secretary determines appropriate for membership on 
     the executive committee.
       (b) Applicability Only to DARPA-Managed Program.--The 
     requirements of subsection (a) apply with respect to the 
     Joint Unmanned Combat Air Systems program only while the 
     program is managed by the Defense Advanced Research Projects 
     Agency.

     SEC. 215. JOINT STRIKE FIGHTER AIRCRAFT PROGRAM.

       (a) Requirement for Study.--The Secretary of Defense shall 
     require the Defense Science Board to conduct a study on the 
     Joint Strike Fighter aircraft program.
       (b) Matters To Be Studied.--The study shall include, for 
     each of the three variants of the Joint Strike Fighter 
     aircraft, the following matters:
       (1) The current status.
       (2) The extent of the effects of excess aircraft weight on 
     estimated performance.
       (3) The validity of the technical approaches being 
     considered to achieve the required performance.
       (4) The risks of those technical approaches.
       (5) A list of any alternative technical approaches that 
     have the potential to achieve the required performance.
       (c) Report.--The Secretary shall submit a report on the 
     results of the study to the congressional defense committees 
     at the same time that the President submits the budget for 
     fiscal year 2006 to Congress under section 1105(a) of title 
     31, United States Code.

     SEC. 216. JOINT EXPERIMENTATION.

       (a) Defense-Wide Program Element.--The Secretary of Defense 
     shall plan, program, and budget for all joint experimentation 
     of the Armed Forces as a separate, dedicated program element 
     under research, development, test, and evaluation, Defense-
     wide activities.
       (b) Applicability to Fiscal Years After Fiscal Year 2005.--
     This section shall apply with respect to fiscal years 
     beginning after 2005.

     SEC. 217. INFRASTRUCTURE SYSTEM SECURITY ENGINEERING 
                   DEVELOPMENT FOR THE NAVY.

       (a) Increase in Amount for Research, Development, Test and 
     Evaluation, Navy.--The amount authorized to be appropriated 
     by section 201(2) for research, development, test and 
     evaluation, Navy, is hereby increased by $3,000,000.
       (b) Availability of Amount for Infrastructure System 
     Security Engineering Development.--Of the amount authorized 
     to be appropriated by section 201(2) for research, 
     development, test, and evaluation, Navy, as increased by 
     subsection (a), $3,000,000 may be available for 
     infrastructure system security engineering development.
       (c) Offset.--(1) The amount authorized to be appropriated 
     by section 101(5) for other procurement, Army, is hereby 
     reduced by $1,000,000, with the amount of the reduction to be 
     allocated to Buffalo Landmine Vehicles.
       (2) The amount authorized to be appropriated by section 
     102(b) for procurement for the Marine Corps is hereby reduced 
     by $500,000, with the amount of the reduction to be allocated 
     to Combat Casualty Care.
       (3) The amount authorized to be appropriated by section 
     201(1) for research, development, test, and evaluation, Army, 
     is hereby reduced by $1,000,000, with the amount of the 
     reduction to the allocated to Active Coating Technology.
       (4) The amount authorized to be appropriated by section 
     201(4) for research, development, test, and evaluation, 
     Defense-wide activities, is hereby reduced by $500,000, with 
     the amount of the reduction to be allocated to Radiation 
     Hardened Complementary Metal Oxide Semi-Conductors.

     SEC. 218. NEUROTOXIN MITIGATION RESEARCH.

       (a) Increase in Amount for Research, Development, Test, and 
     Evaluation, Defense-Wide.--The amount authorized to be 
     appropriated by section 201(4) for research, development, 
     test, and evaluation, Defense-wide activities, is hereby 
     increased by $2,000,000.
       (b) Availability for Neurotoxin Mitigation Research.--Of 
     the amount authorized to be appropriated by section 201(4) 
     for research, development, test, and evaluation, Defense-wide 
     activities, as increased by subsection (a), $2,000,000 may be 
     available in Program Element PE 62384BP for neurotoxin 
     mitigation research.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(1) for operation and maintenance for the Army is 
     hereby reduced by $2,000,000, with the amount of the 
     reduction to be allocated to Satellite Communications 
     Language training activity (SCOLA) at the Army Defense 
     Language Institute.

     SEC. 219. SPIRAL DEVELOPMENT OF JOINT THREAT WARNING SYSTEM 
                   MARITIME VARIANTS.

       (a) Amount for Program.--The amount authorized to be 
     appropriated by section 201(4) is hereby increased by 
     $2,000,000, with the amount of the increase to be available 
     in the program element PE 1160405BB for joint threat warning 
     system maritime variants.
       (b) Offset.--The amount authorized to be appropriated by 
     section 421 is hereby reduced by $2,000,000, with the amount 
     of the reduction to be derived from excess amounts provided 
     for military personnel of the Air Force.

[[Page S7600]]

     SEC. 220. ADVANCED FERRITE ANTENNA.

       (a) Amount for Development and Testing.--Of the amount 
     authorized to be appropriated under section 201(2), 
     $3,000,000 may be available for development and testing of 
     the Advanced Ferrite Antenna.
       (b) Offset.--The amount authorized to be appropriated by 
     section 421 is hereby reduced by $3,000,000, with the amount 
     of the reduction to be derived from excess amounts provided 
     for military personnel of the Air Force.

     SEC. 221. PROTOTYPE LITTORAL ARRAY SYSTEM FOR OPERATING 
                   SUBMARINES.

       (a) Increase in Amount for Research, Development, Test, and 
     Evaluation, Navy.--The amount authorized to be appropriated 
     by section 201(2) for research, development, test, and 
     evaluation for the Navy is hereby increased by $5,000,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 201(2) for research, development, 
     test, and evaluation for the Navy, as increased by subsection 
     (a), $5,000,000 may be available for Program Element PE 
     0604503N for the design, development, and testing of a 
     prototype littoral array system for operating submarines.
       (c) Offset.--The amount authorized to be appropriated by 
     section 421 is hereby reduced by $5,000,000, with the amount 
     of the reduction to be derived from excess amounts provided 
     for military personnel of the Air Force.

     SEC. 222. ADVANCED MANUFACTURING TECHNOLOGIES AND RADIATION 
                   CASUALTY RESEARCH.

       (a) Additional Amount for Advanced Manufacturing 
     Strategies.--Of the amount authorized to be appropriated by 
     section 201(4) for research, development, test, and 
     evaluation, Defense-wide activities, the amount available for 
     Advanced Manufacturing Technologies (PE 0708011S) is hereby 
     increased by $2,000,000.
       (b) Amount for Radiation Casualty Research.--Of the amount 
     authorized to be appropriated by section 201(4) for research, 
     development, test, and evaluation, Defense-wide activities, 
     $3,000,000 may be available for Radiation Casualty Research 
     (PE 0603002D8Z).
       (c) Offset.--The amount authorized to be appropriated by 
     section 421 is hereby reduced by $5,000,000, with the amount 
     of the reduction to be derived from excess amounts provided 
     for military personnel of the Air Force.

                 Subtitle C--Ballistic Missile Defense

     SEC. 231. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.

       Funds authorized to be appropriated under section 201(4) 
     for the Missile Defense Agency may be used for the 
     development and fielding of an initial set of ballistic 
     missile defense capabilities.

     SEC. 232. PATRIOT ADVANCE CAPABILITY-3 AND MEDIUM EXTENDED 
                   AIR DEFENSE SYSTEM.

       (a) Oversight.--In the management of the combined program 
     for the acquisition of the Patriot Advanced Capability-3 
     missile system and the Medium Extended Air Defense System, 
     the Secretary of Defense shall require the Secretary of the 
     Army to obtain the approval of the Director of the Missile 
     Defense Agency before the Secretary of the Army--
       (1) either--
       (A) changes any system level technical specifications that 
     are in effect under the program as of the date of the 
     enactment of this Act; or
       (B) establishes any new system level technical 
     specifications after such date;
       (2) makes any significant change in a procurement quantity 
     (including any quantity in any future block procurement) 
     that, as of such date, is planned for--
       (A) the Patriot Advanced Capabilities-3 missile system; or
       (B) PAC-3 configuration-3 radars, launchers, or fire 
     control units; or
       (3) changes the baseline development schedule that is in 
     effect for the program as of the date of the enactment of 
     this Act.
       (b) Definitions.--In this section:
       (1) The term ``system level technical specifications'', 
     with respect to a system to which this section applies, means 
     technical specifications expressed in terms of technical 
     performance, including test specifications, that affect the 
     ability of the system to contribute to the capability of the 
     ballistic missile defense system of the United States, as 
     determined by the Director of the Missile Defense Agency.
       (2) The term ``significant change'', with respect to a 
     planned procurement quantity, means any change of such 
     quantity that would result in a significant change in the 
     contribution that, as of the date of the enactment of this 
     Act, is planned for the Patriot Advanced Capability-3 system 
     to make to the ballistic missile defense system of the United 
     States.
       (3) The term ``baseline development schedule'' means the 
     schedule on which technology upgrades for the combined 
     acquisition program referred to in subsection (a) are planned 
     for development.
       (4) The terms ``Patriot Advanced Capability-3'' and ``PAC-3 
     configuration-3''--
       (A) mean the air and missile defense system that, as of 
     June 1, 2004, is referred to by either such name in the 
     management of the combined acquisition program referred to in 
     subsection (a); and
       (B) include such system as it is improved with new air and 
     missile defense technologies.

     SEC. 233. COMPTROLLER GENERAL ASSESSMENTS OF BALLISTIC 
                   MISSILE DEFENSE PROGRAMS.

       (a) Annual Assessments.--At the conclusion of each of 2004 
     through 2009, the Comptroller General of the United States 
     shall conduct an assessment of the extent to which each 
     ballistic missile defense program met the cost, scheduling, 
     testing, and performance goals for such program for such year 
     as established pursuant to section 232(c) of the National 
     Defense Authorization Act for Fiscal Year 2002 (10 U.S.C. 
     2431 note).
       (b) Reports on Annual Assessments.--Not later than February 
     15 of each of 2005 through 2010, the Comptroller General 
     shall submit to the congressional defense committees a report 
     on the assessment conducted by the Comptroller General under 
     subsection (a) for the previous year.

     SEC. 234. BASELINES AND OPERATIONAL TEST AND EVALUATION FOR 
                   BALLISTIC MISSILE DEFENSE SYSTEM.

       (a) Testing Criteria.--Not later than February 1, 2005, the 
     Secretary of Defense, in consultation with the Director of 
     Operational Test and Evaluation, shall prescribe appropriate 
     criteria for operationally realistic testing of fieldable 
     prototypes developed under the ballistic missile defense 
     spiral development program. The Secretary shall submit a copy 
     of the prescribed criteria to the congressional defense 
     committees.
       (b) Use of Criteria.--(1) The Secretary of Defense shall 
     ensure that, not later than October 1, 2005, a test of the 
     ballistic missile defense system is conducted consistent with 
     the criteria prescribed under subsection (a).
       (2) The Secretary of Defense shall ensure that each block 
     configuration of the ballistic missile defense system is 
     tested consistent with the criteria prescribed under 
     subsection (a).
       (c) Relationship to Other Law.--Nothing in this section 
     shall be construed to exempt any spiral development program 
     of the Department of Defense, after completion of the spiral 
     development, from the applicability of any provision of 
     chapter 144 of title 10, United States Code, or section 139, 
     181, 2366, 2399, or 2400 of such title in accordance with the 
     terms and conditions of such provision.
       (d) Evaluation.--(1) The Director of Operational Test and 
     Evaluation shall evaluate the results of each test conducted 
     under subsection (a) as soon as practicable after the 
     completion of such test.
       (2) The Director shall submit to the Secretary of Defense 
     and the congressional defense committees a report on the 
     evaluation of each test conducted under subsection (a) upon 
     completion of the evaluation of such test under paragraph 
     (1).
       (e) Cost, Schedule, and Performance Baselines.--(1) The 
     Director of the Missile Defense Agency shall establish cost, 
     schedule, and performance baselines for each block 
     configuration of the Ballistic Missile Defense System being 
     fielded. The cost baseline for a block configuration shall 
     include full life cycle costs for the block configuration.
       (2) The Director shall include the baselines established 
     under paragraph (1) in the first Selected Acquisition Report 
     for the Ballistic Missile Defense System that is submitted to 
     Congress under section 2432 of title 10, United States Code, 
     after the establishment of such baselines.
       (3) The Director shall also include in the Selected 
     Acquisition Report submitted to Congress under paragraph (2) 
     the significant assumptions used in determining the 
     performance baseline under paragraph (1), including any 
     assumptions regarding threat missile countermeasures and 
     decoys.
       (f) Variations Against Baselines.--In the event the cost, 
     schedule, or performance of any block configuration of the 
     Ballistic Missile Defense System varies significantly (as 
     determined by the Director of the Ballistic Missile Defense 
     Agency) from the applicable baseline established under 
     subsection (d), the Director shall include such variation, 
     and the reasons for such variation, in the Selected 
     Acquisition Report submitted to Congress under section 2432 
     of title 10, United States Code.
       (g) Modifications of Baselines.--In the event the Director 
     of the Missile Defense Agency elects to undertake any 
     modification of a baseline established under subsection (d), 
     the Director shall submit to the congressional defense 
     committees a report setting forth the reasons for such 
     modification.

                       Subtitle D--Other Matters

     SEC. 241. ANNUAL REPORT ON SUBMARINE TECHNOLOGY INSERTION.

       (a) Report Required.--(1) For each of fiscal years 2006, 
     2007, 2008, and 2009, the Secretary of Defense shall submit 
     to the congressional defense committees a report on the 
     submarine technologies that are available or potentially 
     available for insertion in submarines of the Navy to reduce 
     the production and operating costs of the submarines while 
     maintaining or improving the effectiveness of the submarines.
       (2) The annual report for a fiscal year under paragraph (1) 
     shall be submitted at the same time that the President 
     submits to Congress the budget for that fiscal year under 
     section 1105(a) of title 31, United States Code.
       (b) Content.--The report on submarine technologies under 
     subsection (a) shall include, for each class of submarines of 
     the Navy, the following matters:
       (1) A list of the technologies that have been demonstrated, 
     together with--
       (A) a plan for the insertion of any such technologies that 
     have been determined appropriate for such submarines; and

[[Page S7601]]

       (B) the estimated cost of such technology insertions.
       (2) A list of the technologies that have not been 
     demonstrated, together with a plan for the demonstration of 
     any such technologies that have the potential for being 
     appropriate for such submarines.

     SEC. 242. SENSE OF THE SENATE REGARDING FUNDING OF THE 
                   ADVANCED SHIPBUILDING ENTERPRISE UNDER THE 
                   NATIONAL SHIPBUILDING RESEARCH PROGRAM OF THE 
                   NAVY.

       (a) Findings.--Congress makes the following findings:
       (1) The budget for fiscal year 2005, as submitted to 
     Congress by the President, provides $10,300,000 for the 
     Advanced Shipbuilding Enterprise under the National 
     Shipbuilding Research Program of the Navy.
       (2) The Advanced Shipbuilding Enterprise is an innovative 
     program to encourage greater efficiency in the national 
     technology and industrial base.
       (3) The leaders of the United States shipbuilding industry 
     have embraced the Advanced Shipbuilding Enterprise as a 
     method for exploring and collaborating on innovation in 
     shipbuilding and ship repair that collectively benefits all 
     components of the industry.
       (b) Sense of the Senate.--It is the sense of the Senate--
       (1) that the Senate--
       (A) strongly supports the innovative Advanced Shipbuilding 
     Enterprise under the National Shipbuilding Research Program 
     as an enterprise between the Navy and industry that has 
     yielded new processes and techniques that reduce the cost of 
     building and repairing ships in the United States; and
       (B) is concerned that the future-years defense program of 
     the Department of Defense that was submitted to Congress for 
     fiscal year 2005 does not reflect any funding for the 
     Advanced Shipbuilding Enterprise after fiscal year 2005; and
       (2) that the Secretary of Defense should continue to 
     provide in the future-years defense program for funding the 
     Advanced Shipbuilding Enterprise at a sustaining level in 
     order to support additional research to further reduce the 
     cost of designing, building, and repairing ships.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

     SEC. 301. OPERATION AND MAINTENANCE FUNDING.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2005 for the use of the Armed Forces and other 
     activities and agencies of the Department of Defense for 
     expenses, not otherwise provided for, for operation and 
     maintenance, in amounts as follows:
       (1) For the Army, $26,305,611,000.
       (2) For the Navy, $29,702,790,000.
       (3) For the Marine Corps, $3,682,727,000.
       (4) For the Air Force, $27,423,560,000.
       (5) For Defense-wide activities, $17,453,576,000.
       (6) For the Army Reserve, $1,925,728,000.
       (7) For the Naval Reserve, $1,240,038,000.
       (8) For the Marine Corps Reserve, $197,496,000.
       (9) For the Air Force Reserve, $2,154,790,000.
       (10) For the Army National Guard, $4,227,236,000.
       (11) For the Air National Guard, $4,366,738,000.
       (12) For the United States Court of Appeals for the Armed 
     Forces, $10,825,000.
       (13) For Environmental Restoration, Army, $405,598,000.
       (14) For Environmental Restoration, Navy, $266,820,000.
       (15) For Environmental Restoration, Air Force, 
     $397,368,000.
       (16) For Environmental Restoration, Defense-wide, 
     $23,684,000.
       (17) For Environmental Restoration, Formerly Used Defense 
     Sites, $256,516,000.
       (18) For Overseas Humanitarian, Disaster, and Civic Aid 
     programs, $59,000,000.
       (19) For Cooperative Threat Reduction programs, 
     $409,200,000.

     SEC. 302. WORKING CAPITAL FUNDS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2005 for the use of the Armed Forces and other 
     activities and agencies of the Department of Defense for 
     providing capital for working capital and revolving funds in 
     amounts as follows:
       (1) For the Defense Working Capital Funds, $1,625,686,000.
       (2) For the National Defense Sealift Fund, $1,269,252,000.

     SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

       (a) Defense Health Program.--Funds are hereby authorized to 
     be appropriated for the Department of Defense for fiscal year 
     2005 for expenses, not otherwise provided for, for the 
     Defense Health Program, $17,992,211,000, of which--
       (1) $17,555,169,000 is for Operation and Maintenance;
       (2) $72,407,000 is for Research, Development, Test and 
     Evaluation; and
       (3) $364,635,000 is for Procurement.
       (b) Chemical Agents and Munitions Destruction, Defense.--
     (1) Funds are hereby authorized to be appropriated for the 
     Department of Defense for fiscal year 2005 for expenses, not 
     otherwise provided for, for Chemical Agents and Munitions 
     Destruction, Defense, $1,518,990,000, of which--
       (A) $1,138,801,000 is for Operation and Maintenance;
       (B) $301,209,000 is for Research, Development, Test and 
     Evaluation; and
       (C) $78,980,000 is for Procurement.
       (2) Amounts authorized to be appropriated under paragraph 
     (1) are authorized for--
       (A) the destruction of lethal chemical agents and munitions 
     in accordance with section 1412 of the Department of Defense 
     Authorization Act, 1986 (50 U.S.C. 1521); and
       (B) the destruction of chemical warfare materiel of the 
     United States that is not covered by section 1412 of such 
     Act.
       (c) Drug Interdiction and Counter-Drug Activities, Defense-
     wide.--Funds are hereby authorized to be appropriated for the 
     Department of Defense for fiscal year 2005 for expenses, not 
     otherwise provided for, for Drug Interdiction and Counter-
     Drug Activities, Defense-Wide, $852,697,000.
       (d) Defense Inspector General.--Funds are hereby authorized 
     to be appropriated for the Department of Defense for fiscal 
     year 2005 for expenses, not otherwise provided for, for the 
     Office of the Inspector General of the Department of Defense, 
     $164,562,000, of which--
       (1) $162,362,000 is for Operation and Maintenance;
       (2) $100,000 is for Research, Development, Test, and 
     Evaluation; and
       (3) $2,100,000 is for Procurement.

     SEC. 304. AMOUNT FOR ONE SOURCE MILITARY COUNSELING AND 
                   REFERRAL HOTLINE.

       (a) Authorization of Appropriation of Additional Amount.--
     The amount authorized to be appropriated under section 301(5) 
     is hereby increased by $5,000,000, which shall be available 
     (in addition to other amounts available under this Act for 
     the same purpose) only for the Department of Defense One 
     Source counseling and referral hotline.
       (b) Offset.--The amount authorized to be appropriated by 
     section 421 is hereby reduced by $5,000,000, with the amount 
     of the reduction to be derived from excess amounts provided 
     for military personnel of the Air Force.

    Subtitle B--Program Requirements, Restrictions, and Limitations

     SEC. 311. COMMANDER'S EMERGENCY RESPONSE PROGRAM.

       (a) Funding.--Of the amounts authorized to be appropriated 
     for fiscal year 2005 by section 301(5) for operation and 
     maintenance for Defense-wide activities, not more than 
     $300,000,000 may be made available in fiscal year 2005 for 
     the following:
       (1) The Commander's Emergency Response Program, which was 
     established by the Administrator of the Coalition Provisional 
     Authority for the purpose of enabling United States military 
     commanders in Iraq to respond to urgent humanitarian relief 
     and reconstruction needs within their areas of responsibility 
     by carrying out programs to provide immediate assistance to 
     the people of Iraq.
       (2) A similar program to enable United States military 
     commanders in Afghanistan to respond in such manner to 
     similar needs in Afghanistan.
       (b) Quarterly Reports Required.--The Secretary of Defense 
     shall submit to the congressional defense committees on a 
     quarterly basis reports on the use of amounts made available 
     under subsection (a).

     SEC. 312. LIMITATION ON TRANSFERS OUT OF WORKING CAPITAL 
                   FUNDS.

       Section 2208 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(r) Limitation on Transfers.--(1) Notwithstanding any 
     authority for transfer of funds provided in this section, no 
     transfer may be made out of a working capital fund or between 
     or among working capital funds under such authority unless 
     the Secretary of Defense has submitted a notification of the 
     proposed transfer to the congressional defense committees in 
     accordance with customary procedures.
       ``(2) The amount of a transfer covered by a notification 
     under paragraph (1) that is proposed to be made in a fiscal 
     year does not count for the purpose of any limitation on the 
     total amount of transfers that may be made for that fiscal 
     year under authority provided to the Secretary of Defense in 
     a law authorizing appropriations for a fiscal year for 
     military activities of the Department of Defense or a law 
     making appropriations for the Department of Defense.''.

     SEC. 313. FAMILY READINESS PROGRAM OF THE NATIONAL GUARD.

       (a) Amount for Program.--The amount authorized to be 
     appropriated by section 301(1) for operation and maintenance 
     for the Army is hereby increased by $10,000,000 for the 
     Family Readiness Program of the National Guard.
       (b) Offset.--The amount authorized to be appropriated by 
     section 421 is hereby reduced by $10,000,000, with the amount 
     of the reduction to be derived from excess amounts provided 
     for military personnel of the Air Force.

                  Subtitle C--Environmental Provisions

     SEC. 321. PAYMENT OF CERTAIN PRIVATE CLEANUP COSTS IN 
                   CONNECTION WITH DEFENSE ENVIRONMENTAL 
                   RESTORATION PROGRAM.

       (a) Payment for Activities at Former Defense Property 
     Subject to Covenant for Additional Remedial Action.--Section 
     2701(d) of title 10, United States Code, is amended--
       (1) in paragraph (1), by striking ``paragraph (3)'' and 
     inserting ``paragraph (4)'';
       (2) by redesignating paragraphs (2), (3), and (4), as 
     paragraphs (3), (4), and (5), respectively; and
       (3) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) Activities at certain former defense property.--In 
     addition to agreements

[[Page S7602]]

     under paragraph (1), the Secretary may also enter into 
     agreements with owners of property subject to a covenant 
     provided by the United States under section 120(h)(3)(A)(ii) 
     of CERCLA (42 U.S.C. 9620(h)(3)(A)(ii)) to reimburse the 
     owners of such property for activities under this section 
     with respect to such property by reason of the covenant.''.
       (b) Source of Funds for Former BRAC Property Subject to 
     Covenant for Additional Remedial Action.--Section 2703 of 
     such title is amended--
       (1) in subsection (g)(1), by striking ``The sole source'' 
     and inserting ``Except as provided in subsection (h), the 
     sole source''; and
       (2) by adding at the end the following new subsection:
       ``(h) Sole Source of Funds for Environmental Remediation at 
     Certain Base Realignment and Closure Sites.--In the case of 
     property disposed of pursuant to a base closure law and 
     subject to a covenant described in section 2701(d)(2) of this 
     title, the sole source of funds for activities under such 
     section shall be the base closure account established under 
     the applicable base closure law.''.

     SEC. 322. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY 
                   FOR CERTAIN COSTS IN CONNECTION WITH MOSES LAKE 
                   WELLFIELD SUPERFUND SITE, MOSES LAKE, 
                   WASHINGTON.

       (a) Authority To Reimburse.--(1) Using funds described in 
     subsection (b), the Secretary of Defense may transfer not 
     more than $524,926.54 to the Moses Lake Wellfield Superfund 
     Site 10-6J Special Account.
       (2) The payment under paragraph (1) is to reimburse the 
     Environmental Protection Agency for its costs, including 
     interest, incurred in overseeing a remedial investigation/
     feasibility study performed by the Department of the Army 
     under the Defense Environmental Restoration Program at the 
     former Larson Air Force Base, Moses Lake Superfund Site, 
     Moses Lake, Washington.
       (3) The reimbursement described in paragraph (2) is 
     provided for in the interagency agreement entered into by the 
     Department of the Army and the Environmental Protection 
     Agency for the Moses Lake Wellfield Superfund Site in March 
     1999.
       (b) Source of Funds.--Any payment under subsection (a) 
     shall be made using funds authorized to be appropriated by 
     section 301(17) for operation and maintenance for 
     Environmental Restoration, Formerly Used Defense Sites.
       (c) Use of Funds.--The Environmental Protection Agency 
     shall use the amount transferred under subsection (a) to pay 
     costs incurred by the Agency at the Moses Lake Wellfield 
     Superfund Site.

     SEC. 323. SATISFACTION OF CERTAIN AUDIT REQUIREMENTS BY THE 
                   INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE.

       (a) Satisfaction of Requirements.--The Inspector General of 
     the Department of Defense shall be deemed to be in compliance 
     with the requirements of subsection (k) of section 111 of 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9611) if the Inspector 
     General conducts periodic audits of the payments, 
     obligations, reimbursements and other uses of the Fund 
     described in that section, even if such audits do not occur 
     on an annual basis.
       (b) Reports to Congress on Audits.--The Inspector General 
     shall submit to Congress a report on each audit conducted by 
     the Inspector General as described in subsection (a).

     SEC. 324. COMPTROLLER GENERAL STUDY AND REPORT ON DRINKING 
                   WATER CONTAMINATION AND RELATED HEALTH EFFECTS 
                   AT CAMP LEJEUNE, NORTH CAROLINA.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study on drinking water contamination and 
     related health effects at Camp Lejeune, North Carolina. The 
     study shall consist of the following:
       (1) A study of the history of drinking water contamination 
     at Camp Lejeune to determine, to the extent practical--
       (A) what contamination has been found in the drinking 
     water;
       (B) the source of such contamination and when it may have 
     begun;
       (C) when Marine Corps officials first became aware of such 
     contamination;
       (D) what actions have been taken to address such 
     contamination;
       (E) the appropriateness of such actions in light of the 
     state of knowledge regarding contamination of that type, and 
     applicable legal requirements regarding such contamination, 
     as of the time of such actions; and
       (F) any other matters that the Comptroller General 
     considers appropriate.
       (2) An assessment of the study on the possible health 
     effects associated with the drinking of contaminated drinking 
     water at Camp Lejeune as proposed by the Agency for Toxic 
     Substances and Disease Registry (ATSDR), including whether 
     the proposed study--
       (A) will address the appropriate at-risk populations;
       (B) will encompass an appropriate timeframe;
       (C) will consider all relevant health effects; and
       (D) can be completed on an expedited basis without 
     compromising its quality.
       (b) Authority To Use Experts.--The Comptroller General may 
     use experts in conducting the study required by subsection 
     (a). Any such experts shall be independent, highly qualified, 
     and knowledgeable in the matters covered by the study.
       (c) Participation by Other Interested Parties.--In 
     conducting the study required by subsection (a), the 
     Comptroller General shall ensure that interested parties, 
     including individuals who lived or worked at Camp Lejeune 
     during the period when the drinking water may have been 
     contaminated, have the opportunity to submit information and 
     views on the matters covered by the study.
       (d) Construction With ATSDR Study.--The requirement under 
     subsection (a) that the Comptroller General conduct the study 
     required by paragraph (2) of that subsection may not be 
     construed as a basis for the delay of the study proposed by 
     Agency for Toxic Substances and Disease Registry as described 
     in that subsection, but is intended to provide an independent 
     review of the appropriateness and credibility of the study 
     proposed by the Agency and to identify possible improvements 
     in the plan or implementation of the study proposed by the 
     Agency.
       (e) Report.--(1) Not later than one year after the date of 
     the enactment of this Act, the Comptroller General shall 
     submit to the congressional defense committees a report on 
     the study required by subsection (a), including such 
     recommendations as the Comptroller General considers 
     appropriate for further study or for legislative or other 
     action.
       (2) Recommendations under paragraph (1) may include 
     recommendations for modifications or additions to the study 
     proposed by the Agency for Toxic Substances and Disease 
     Registry, as described in subsection (a)(2), in order to 
     improve the study.

     SEC. 325. INCREASE IN AUTHORIZED AMOUNT OF ENVIRONMENTAL 
                   REMEDIATION, FRONT ROYAL, VIRGINIA.

       Section 591(a)(2) of the Water Resources Development Act of 
     1999 (Public Law 106-53; 113 Stat. 378) is amended by 
     striking ``$12,000,000'' and inserting ``$22,000,000''.

     SEC. 326. COMPTROLLER GENERAL STUDY AND REPORT ON ALTERNATIVE 
                   TECHNOLOGIES TO DECONTAMINATE GROUNDWATER AT 
                   DEPARTMENT OF DEFENSE INSTALLATIONS.

       (a) Comptroller General Study.--The Comptroller General of 
     the United States shall conduct a study to determine whether 
     or not cost-effective technologies are available to the 
     Department of Defense for the cleanup of groundwater 
     contamination at Department installations in lieu of 
     traditional methods, such as pump and treat, that can be 
     expensive and take many years to complete.
       (b) Elements.--The study under subsection (a) shall include 
     the following:
       (1) An identification of current technologies being used or 
     field tested by the Department to treat groundwater at 
     Department installations, including the contaminants being 
     addressed.
       (2) An identification of cost-effective technologies 
     described in that subsection that are currently under 
     research, under development by commercial vendors, or 
     available commercially and being used outside the Department 
     and that have potential for use by the Department to address 
     the contaminants identified under paragraph (1).
       (3) An evaluation of the potential benefits and limitations 
     of using the technologies identified under paragraphs (1) and 
     (2).
       (4) A description of the barriers, such as cost, 
     capability, or legal restrictions, to using the technologies 
     identified under paragraph (2).
       (5) Any other matters the Comptroller General considers 
     appropriate.
       (c) Report.--By April 1, 2005, the Comptroller General 
     shall submit to Congress a report on the study under 
     subsection (a). The report shall include the results of the 
     study and any recommendations, including recommendations for 
     administrative or legislative action, that the Comptroller 
     General considers appropriate.

     SEC. 327. SENSE OF SENATE ON PERCHLORATE CONTAMINATION OF 
                   GROUND AND SURFACE WATER.

       (a) Findings.--The Senate makes the following findings:
       (1) Because finite water sources in the United States are 
     stretched by regional drought conditions and increasing 
     demand for water supplies, there is increased need for safe 
     and dependable supplies of fresh water for drinking and use 
     for agricultural purposes.
       (2) Perchlorate, a naturally occurring and manmade compound 
     with medical, commercial, and national defense applications, 
     which has been used primarily in military munitions and 
     rocket fuels, has been detected in fresh water sources 
     intended for use as drinking water and water necessary for 
     the production of agricultural commodities.
       (3) If ingested in sufficient concentration and in adequate 
     duration, perchlorate may interfere with thyroid metabolism, 
     and this effect may impair the normal development of the 
     brain in fetuses and newborns.
       (4) The Federal Government has not yet established a 
     drinking water standard for perchlorate.
       (5) The National Academy of Sciences is conducting an 
     assessment of the state of the science regarding the effects 
     on human health of perchlorate ingestion that will aid in 
     understanding the effect of perchlorate exposure on sensitive 
     populations.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) perchlorate has been identified as a contaminant of 
     drinking water sources or in the

[[Page S7603]]

     environment in 34 States and has been used or manufactured in 
     44 States;
       (2) perchlorate exposure at or above a certain level may 
     adversely affect public health, particularly the health of 
     vulnerable and sensitive populations; and
       (3) the Department of Defense should--
       (A) work to develop a national plan to remediate 
     perchlorate contamination of the environment resulting from 
     Department's activities to ensure the Department is prepared 
     to respond quickly and appropriately once a drinking water 
     standard is established;
       (B) in cases in which the Department is already remediating 
     perchlorate contamination, continue that remediation;
       (C) prior to the development of a drinking water standard 
     for perchlorate, develop a plan to remediate perchlorate 
     contamination in cases in which such contamination from the 
     Department's activities is present in ground or surface water 
     at levels that pose a hazard to human health; and
       (D) continue the process of evaluating and prioritizing 
     sites without waiting for the development of a Federal 
     standard.

     SEC. 328. AMOUNT FOR RESEARCH AND DEVELOPMENT FOR IMPROVED 
                   PREVENTION OF LEISHMANIASIS.

       (a) Increase in Amount for Defense Health Program.--The 
     amount authorized to be appropriated by section 303(a)(2) for 
     the Defense Health Program for research, development, test, 
     and evaluation is hereby increased by $500,000, with the 
     amount of the increase to be available for purposes relating 
     to Leishmaniasis Diagnostics Laboratory.
       (b) Increase in Amount for RDT&E, Army for Leishmaniasis 
     Topical Treatment.--The amount authorized to be appropriated 
     by section 201(1) for research, development, test, and 
     evaluation, Army, as increased by subsection (b), is hereby 
     further increased by $4,500,000, with the amount of the 
     increase to be available in Program Element PE 0604807A for 
     purposes relating to Leishmaniasis Topical Treatment.
       (c) Offset.--The amount authorized to be appropriated by 
     section 421 is hereby reduced by $5,000,000, with the amount 
     of the reduction to be derived from excess amounts provided 
     for military personnel of the Air Force.

     SEC. 329. REPORT REGARDING ENCROACHMENT ISSUES AFFECTING UTAH 
                   TEST AND TRAINING RANGE, UTAH.

       (a) Report Required.--(1) The Secretary of the Air Force 
     shall prepare a report that outlines current and anticipated 
     encroachments on the use and utility of the special use 
     airspace of the Utah Test and Training Range in the State of 
     Utah, including encroachments brought about through actions 
     of other Federal agencies. The Secretary shall include such 
     recommendations as the Secretary considers appropriate 
     regarding any legislative initiatives necessary to address 
     encroachment problems identified by the Secretary in the 
     report.
       (2) It is the sense of the Senate that such recommendations 
     should be carefully considered for future legislative action.
       (b) Submission of Report.--Not later than one year after 
     the date of the enactment of this Act, the Secretary shall 
     submit the report to the Committee on Armed Services of the 
     House of Representatives and the Committee on Armed Services 
     of the Senate.
       (c) Prohibition on Ground Military Operations.--Nothing in 
     this section shall be construed to permit a military 
     operation to be conducted on the ground in a covered 
     wilderness study area in the Utah Test and Training Range.
       (d) Communications and Tracking Systems.--Nothing in this 
     section shall be construed to prevent any required 
     maintenance of existing communications, instrumentation, or 
     electronic tracking systems (or the infrastructure supporting 
     such systems) necessary for effective testing and training to 
     meet military requirements in the Utah Test and Training 
     Range.

             Subtitle D--Depot-Level Maintenance and Repair

     SEC. 331. SIMPLIFICATION OF ANNUAL REPORTING REQUIREMENTS 
                   CONCERNING FUNDS EXPENDED FOR DEPOT MAINTENANCE 
                   AND REPAIR WORKLOADS.

       (a) Consolidation and Revision of Departmental Reporting 
     Requirements.--Section 2466(d) of title 10, United States 
     Code, is amended--
       (1) in paragraph (1)--
       (A) by striking ``February 1'' and inserting ``April 1''; 
     and
       (B) by striking ``the preceding two fiscal years'' and 
     inserting ``the preceding fiscal year and are projected to be 
     expended in the fiscal year in which submitted and ensuing 
     fiscal years''; and
       (2) by striking paragraph (2).
       (b) Timing and Content of GAO Views.--Paragraph (3) of such 
     section--
       (1) is redesignated as paragraph (2); and
       (2) is amended--
       (A) by striking ``60 days'' and inserting ``90 days''; and
       (B) by striking ``whether--'' and all that follows and 
     inserting the following: ``whether the Department of Defense 
     has complied with the requirements of subsection (a) for the 
     fiscal year preceding the fiscal year in which the report is 
     submitted and whether the expenditure projections for the 
     other fiscal years covered by the report are reasonable.''.

     SEC. 332. REPEAL OF REQUIREMENT FOR ANNUAL REPORT ON 
                   MANAGEMENT OF DEPOT EMPLOYEES.

       (a) Repeal.--Section 2472 of title 10, United States Code, 
     is amended by striking subsection (b).
       (b) Conforming Amendment.--Subsection (a) of such section 
     is amended by striking ``(a) Prohibition on Management by End 
     Strength.--''.

     SEC. 333. EXTENSION OF SPECIAL TREATMENT FOR CERTAIN 
                   EXPENDITURES INCURRED IN THE OPERATION OF 
                   CENTERS OF INDUSTRIAL AND TECHNICAL EXCELLENCE.

       Section 2474(f)(1) of title 10, United States Code, is 
     amended by striking ``through 2006'' and inserting ``through 
     2009''.

             Subtitle E--Extensions of Program Authorities

     SEC. 341. TWO-YEAR EXTENSION OF DEPARTMENT OF DEFENSE 
                   TELECOMMUNICATIONS BENEFIT.

       Section 344(c) of the National Defense Authorization Act 
     for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1449) is 
     amended by striking ``September 30, 2004'' and inserting 
     ``September 30, 2006''.

     SEC. 342. TWO-YEAR EXTENSION OF ARSENAL SUPPORT PROGRAM 
                   INITIATIVE.

       Section 343 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (10 U.S.C. 4551 note) 
     is amended--
       (1) in subsection (a), by striking ``2004'' and inserting 
     ``2006''; and
       (2) in subsection (g)--
       (A) in paragraph (1), by striking ``2004'' and inserting 
     ``2006''; and
       (B) in paragraph (2), by striking ``2003'' and inserting 
     ``2005''.

     SEC. 343. REAUTHORIZATION OF WARRANTY CLAIMS RECOVERY PILOT 
                   PROGRAM.

       Section 391(f) of the National Defense Authorization Act 
     for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 2304 note) 
     is amended by striking ``September 30, 2004'' and inserting 
     ``September 30, 2006''.

                Subtitle F--Defense Dependents Education

     SEC. 351. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT 
                   BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED 
                   FORCES AND DEPARTMENT OF DEFENSE CIVILIAN 
                   EMPLOYEES.

       (a) Continuation of Department of Defense Program for 
     Fiscal Year 2005.--Of the amount authorized to be 
     appropriated pursuant to section 301(5) for operation and 
     maintenance for Defense-wide activities, $30,000,000 shall be 
     available only for the purpose of providing educational 
     agencies assistance to local educational agencies.
       (b) Notification.--Not later than June 30, 2005, the 
     Secretary of Defense shall notify each local educational 
     agency that is eligible for educational agencies assistance 
     for fiscal year 2005 of--
       (1) that agency's eligibility for the assistance; and
       (2) the amount of the assistance for which that agency is 
     eligible.
       (c) Disbursement of Funds.--The Secretary of Defense shall 
     disburse funds made available under subsection (a) not later 
     than 30 days after the date on which notification to the 
     eligible local educational agencies is provided pursuant to 
     subsection (b).
       (d) Definitions.--In this section:
       (1) The term ``educational agencies assistance'' means 
     assistance authorized under section 386(b) of the National 
     Defense Authorization Act for Fiscal Year 1993 (Public Law 
     102-484; 20 U.S.C. 7703 note).
       (2) The term ``local educational agency'' has the meaning 
     given that term in section 8013(9) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
       (3) The term ``basic support payment'' means a payment 
     authorized under section 8003(b)(1) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7703(b)(1)).

     SEC. 352. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

       Of the amount authorized to be appropriated pursuant to 
     section 301(5) for operation and maintenance for Defense-wide 
     activities, $5,000,000 shall be available for payments under 
     section 363 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-77; 20 U.S.C. 7703a).

     SEC. 353. SENSE OF THE SENATE REGARDING THE IMPACT OF THE 
                   PRIVATIZATION OF MILITARY HOUSING ON LOCAL 
                   SCHOOLS.

       (a) Findings.--The Senate finds the following:
       (1) There are approximately 750,000 school-aged children of 
     members of the active duty Armed Forces in the United States.
       (2) Approximately 650,000 of those students are currently 
     being served in public schools across the United States.
       (3) The Department of Defense has embarked on military 
     housing privatization initiatives using authorities provided 
     in subchapter IV of chapter 169 of part IV of subtitle A of 
     title 10, United States Code, which will result in the 
     improvement or replacement of 120,000 military family housing 
     units in the United States.
       (4) The Secretary of each military department is authorized 
     to include the construction of new school facilities in 
     agreements carried out under subchapter IV of chapter 169 of 
     part IV of subtitle A of title 10, United States Code.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Department of Defense should support the 
     construction of schools in housing privatization agreements 
     that severely impact student populations.

[[Page S7604]]

                       Subtitle G--Other Matters

     SEC. 361. CHARGES FOR DEFENSE LOGISTICS INFORMATION SERVICES 
                   MATERIALS.

       (a) Authority.--Subchapter I of chapter 8 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 197. Defense Logistics Agency: fees charged for 
       logistics information

       ``(a) Authority.--The Secretary of Defense may charge fees 
     for providing information in the Federal Logistics 
     Information System through Defense Logistics Information 
     Services to a department or agency of the executive branch 
     outside the Department of Defense, or to a State, a political 
     subdivision of a State, or any person.
       ``(b) Amount.--The fee or fees prescribed under subsection 
     (a) shall be such amount or amounts as the Secretary of 
     Defense determines appropriate for recovering the costs of 
     providing information as described in such subsection.
       ``(c) Retention of Fees.--Fees collected under this section 
     shall be credited to the appropriation available for Defense 
     Logistics Information Services for the fiscal year in which 
     collected, shall be merged with other sums in such 
     appropriation, and shall be available for the same purposes 
     and period as the appropriation with which merged.
       ``(d) Defense Logistics Information Services Defined.--In 
     this section, the term `Defense Logistics Information 
     Services' means the organization within the Defense Logistics 
     Agency that is known as Defense Logistics Information 
     Services.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by adding at the end 
     the following new item:

``197. Defense Logistics Agency: fees charged for logistics 
              information.''.

     SEC. 362. TEMPORARY AUTHORITY FOR CONTRACTOR PERFORMANCE OF 
                   SECURITY-GUARD FUNCTIONS.

       (a) Conditional Extension of Authority.--Subsection (c) of 
     section 332 of the Bob Stump National Defense Authorization 
     Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2513) 
     is amended--
       (1) by inserting ``(1)'' after ``Authority.--''; and
       (2) by striking ``at the end of the three-year period'' and 
     all that follows through the period at the end and inserting 
     ``at the end of September 30, 2006, except that such 
     authority shall not be in effect under this section for any 
     period after December 1, 2004, during which the Secretary has 
     failed to comply with the requirement to submit the plan 
     under subsection (d)(2).
       ``(2) No security-guard functions may be performed under 
     any contract entered into using the authority provided under 
     this section during any period for which the authority for 
     contractor performance of security-guard functions under this 
     section is not in effect.
       ``(3) The term of any contract entered into using the 
     authority provided under this section may not extend beyond 
     the date of the expiration of authority under paragraph 
     (1).''.
       (b) Reaffirmation and Revision of Reporting Requirement.--
     Subsection (d) of such section is amended--
       (1) by striking ``180 days after the date of the enactment 
     of this Act,'' and inserting ``December 1, 2004,'';
       (2) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (4), respectively;
       (3) by inserting after ``shall--'' the following new 
     paragraph:
       ``(1) identify each contract for the performance of 
     security-guard functions entered into pursuant to the 
     authority in subsection (a) on or before September 30, 2004, 
     including information regarding--
       ``(A) each installation at which such security-guard 
     functions are performed or are to be performed;
       ``(B) the period and amount of such contract;
       ``(C) the number of security guards employed or to be 
     employed under such contract; and
       ``(D) the actions taken or to be taken within the 
     Department of Defense to ensure that the conditions 
     applicable under paragraph (1) of subsection (a) or 
     determined under paragraph (2) of such subsection are 
     satisfied;'';
       (4) by striking ``and'' at the end of paragraph (2), as 
     redesignated by paragraph (2); and
       (5) by inserting after paragraph (2), as so redesignated, 
     the following new paragraph:
       ``(3) identify any limitation or constraint on the end 
     strength of the civilian workforce of the Department of 
     Defense that makes it difficult to meet requirements 
     identified under paragraph (2) by hiring personnel as 
     civilian employees of the Department of Defense; and''.

     SEC. 363. PILOT PROGRAM FOR PURCHASE OF CERTAIN MUNICIPAL 
                   SERVICES FOR DEPARTMENT OF DEFENSE 
                   INSTALLATIONS.

       (a) Authority.--The Secretary of Defense may carry out a 
     pilot program to provide for the purchase of certain services 
     needed for a Department of Defense installation from a county 
     or municipality where the installation is located.
       (b) Purpose of Program.--The purpose of the pilot program 
     is to provide the Secretary with a basis for evaluating the 
     efficacy of purchasing public works, utility, and other 
     services needed for Department of Defense installations from 
     counties or municipalities where the installations are 
     located.
       (c) Services Authorized for Procurement.--Only the 
     following services may be purchased for a participating 
     installation under the pilot program:
       (1) Refuse collection.
       (2) Refuse disposal.
       (3) Library services.
       (4) Recreation services.
       (5) Facility maintenance and repair.
       (6) Utilities.
       (d) Program Installations.--The Secretary of each military 
     department may designate under this section not more than two 
     installations of such military department for participation 
     in the pilot program. Only installations located in the 
     United States are eligible for designation under this 
     subsection.
       (e) Report.--Not later than February 1, 2010, the Secretary 
     of Defense shall submit to Congress a report on any pilot 
     program carried out under this section. The report shall 
     include--
       (1) the Secretary's evaluation of the efficacy of 
     purchasing public works, utility, and other services for 
     Department of Defense installations from counties or 
     municipalities where the installations are located; and
       (2) any recommendations that the Secretary considers 
     appropriate regarding authority to make such purchases.
       (f) Period of Pilot Program.--The pilot program may be 
     carried out during fiscal years 2005 through 2010.

     SEC. 364. CONSOLIDATION AND IMPROVEMENT OF AUTHORITIES FOR 
                   ARMY WORKING-CAPITAL FUNDED FACILITIES TO 
                   ENGAGE IN PUBLIC-PRIVATE PARTNERSHIPS.

       (a) Public-Private Partnerships Authorized.--Chapter 433 of 
     title 10, United States Code, is amended by adding at the end 
     the following new section:

     ``Sec. 4544. Army industrial facilities: public-private 
       partnerships

       ``(a) Public-Private Partnerships Authorized.--A working-
     capital funded Army industrial facility may enter into 
     cooperative arrangements with non-Army entities to carry out 
     military or commercial projects with the non-Army entities. A 
     cooperative arrangement under this section shall be known as 
     a `public-private partnership'.
       ``(b) Authorized Partnership Activities.--A public-private 
     partnership entered into by an Army industrial facility may 
     provide for any of the following activities:
       ``(1) The sale of articles manufactured by the facility or 
     services performed by the facility to persons outside the 
     Department of Defense.
       ``(2) The performance of--
       ``(A) work by a non-Army entity at the facility; or
       ``(B) work for a non-Army entity by the facility.
       ``(3) The sharing of work by the facility and one or more 
     non-Army entities.
       ``(4) The leasing, or use under a facilities use contract 
     or otherwise, of the facility (including excess capacity) or 
     equipment (including excess equipment) of the facility by a 
     non-Army entity.
       ``(5) The preparation and submission of joint offers by the 
     facility and one or more non-Army entities for competitive 
     procurements entered into with a department or agency of the 
     United States.
       ``(c) Conditions for Public-Private Partnerships.--An 
     activity described in subsection (b) may be carried out as a 
     public-private partnership at an Army industrial facility 
     only under the following conditions:
       ``(1) In the case of an article to be manufactured or 
     services to be performed by the facility, the articles can be 
     substantially manufactured, or the services can be 
     substantially performed, by the facility without 
     subcontracting for more than incidental performance.
       ``(2) The activity does not interfere with performance of--
       ``(A) work by the facility for the Department of Defense; 
     or
       ``(B) a military mission of the facility.
       ``(3) The activity meets one of the following objectives:
       ``(A) Maximize utilization of the capacity of the facility.
       ``(B) Reduction or elimination of the cost of ownership of 
     the facility.
       ``(C) Reduction in the cost of manufacturing or maintaining 
     Department of Defense products at the facility.
       ``(D) Preservation of skills or equipment related to a core 
     competency of the facility.
       ``(4) The non-Army entity partner or purchaser agrees to 
     hold harmless and indemnify the United States from any 
     liability or claim for damages or injury to any person or 
     property arising out of the activity, including any damages 
     or injury arising out of a decision by the Secretary of the 
     Army or the Secretary of Defense to suspend or terminate an 
     activity, or any portion thereof, during a war or national 
     emergency or to require the facility to perform other work or 
     provide other services on a priority basis, except--
       ``(A) in any case of willful misconduct or gross 
     negligence; and
       ``(B) in the case of a claim by a purchaser of articles or 
     services under this section that damages or injury arose from 
     the failure of the Government to comply with quality, 
     schedule, or cost performance requirements in the contract to 
     carry out the activity.
       ``(d) Methods of Public-Private Partnerships.--To conduct 
     an activity of a public-private partnership under this 
     section, the approval authority described in subsection (f) 
     for an Army industrial facility may, in the exercise of good 
     business judgment--

[[Page S7605]]

       ``(1) enter into a firm, fixed-price contract (or, if 
     agreed to by the purchaser, a cost reimbursement contract) 
     for a sale of articles or services or use of equipment or 
     facilities;
       ``(2) enter into a multiyear partnership contract for a 
     period not to exceed five years, unless a longer period is 
     specifically authorized by law;
       ``(3) charge a partner the amounts necessary to recover the 
     full costs of the articles or services provided, including 
     capital improvement costs, and equipment depreciation costs 
     associated with providing the articles, services, equipment, 
     or facilities;
       ``(4) authorize a partner to use incremental funding to pay 
     for the articles, services, or use of equipment or 
     facilities; and
       ``(5) accept payment-in-kind.
       ``(e) Deposit of Proceeds.--(1) The proceeds of sales of 
     articles and services received in connection with the use of 
     an Army industrial facility under this section shall be 
     credited to the appropriation or working-capital fund that 
     incurs the variable costs of manufacturing the articles or 
     performing the services. Notwithstanding section 3302(b) of 
     title 31, the amount so credited with respect to an Army 
     industrial facility shall be available, without further 
     appropriation, as follows:
       ``(A) Amounts equal to the amounts of the variable costs so 
     incurred shall be available for the same purposes as the 
     appropriation or working-capital fund to which credited.
       ``(B) Amounts in excess of the amounts of the variable 
     costs so incurred shall be available for operations, 
     maintenance, and environmental restoration at that Army 
     industrial facility.
       ``(2) Amounts credited to a working-capital fund under 
     paragraph (1) shall remain available until expended. Amounts 
     credited to an appropriation under paragraph (1) shall remain 
     available for the same period as the appropriation to which 
     credited.
       ``(f) Approval of Sales.--The authority of an Army 
     industrial facility to conduct a public-private partnership 
     under this section shall be exercised at the level of the 
     commander of the major subordinate command of the Army that 
     has responsibility for the facility. The commander may 
     approve such partnership on a case basis or a class basis.
       ``(g) Commercial Sales.--Except in the case of work 
     performed for the Department of Defense, for a contract of 
     the Department of Defense, for foreign military sales, or for 
     authorized foreign direct commercial sales (defense articles 
     or defense services sold to a foreign government or 
     international organization under export controls), a sale of 
     articles or services may be made under this section only if 
     the approval authority described in subsection (f) determines 
     that the articles or services are not available from a 
     commercial source located in the United States in the 
     required quantity or quality, or within the time required.
       ``(h) Exclusion From Depot-Level Maintenance and Repair 
     Percentage Limitation.--Amounts expended for depot-level 
     maintenance and repair workload by non-Federal personnel at 
     an Army industrial facility shall not be counted for purposes 
     of applying the percentage limitation in section 2466(a) of 
     this title if the personnel are provided by a non-Army entity 
     pursuant to a public-private partnership established under 
     this section.
       ``(i) Relationship to Other Laws.--Nothing in this section 
     shall be construed to affect the application of--
       ``(1) foreign military sales and the export controls 
     provided for in sections 30 and 38 of the Arms Export Control 
     Act (22 U.S.C. 2770 and 2778) to activities of a public-
     private partnership under this section; and
       ``(2) section 2667 of this title to leases of non-excess 
     property in the administration of a public-private 
     partnership under this section.
       ``(j) Definitions.--In this section:
       ``(1) The term `Army industrial facility' includes an 
     ammunition plant, an arsenal, a depot, and a manufacturing 
     plant.
       ``(2) The term `non-Army entity' includes the following:
       ``(A) An executive agency.
       ``(B) An entity in industry or commercial sales.
       ``(C) A State or political subdivision of a State.
       ``(D) An institution of higher education or vocational 
     training institution.
       ``(3) The term `incremental funding' means a series of 
     partial payments that--
       ``(A) are made as the work on manufacture or articles is 
     being performed or services are being performed or equipment 
     or facilities are used, as the case may be; and
       ``(B) result in full payment being completed as the 
     required work is being completed.
       ``(4) The term `full costs', with respect to articles or 
     services provided under this section, means the variable 
     costs and the fixed costs that are directly related to the 
     production of the articles or the provision of the services.
       ``(5) The term `variable costs' means the costs that are 
     expected to fluctuate directly with the volume of sales or 
     services provided or the use of equipment or facilities.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``4544. Army industrial facilities: public-private partnerships.''.

     SEC. 365. PROGRAM TO COMMEMORATE 60TH ANNIVERSARY OF WORLD 
                   WAR II.

       (a) In General.--For fiscal year 2005, the Secretary of 
     Defense may conduct a program--
       (1) to commemorate the 60th anniversary of World War II; 
     and
       (2) to coordinate, support, and facilitate other such 
     commemoration programs and activities of the Federal 
     Government, State and local governments, and other persons.
       (b) Program Activities.--The program referred to in 
     subsection (a) may include activities and ceremonies--
       (1) to provide the people of the United States with a clear 
     understanding and appreciation of the lessons and history of 
     World War II;
       (2) to thank and honor veterans of World War II and their 
     families;
       (3) to pay tribute to the sacrifices and contributions made 
     on the home front by the people of the United States;
       (4) to foster an awareness in the people of the United 
     States that World War II was the central event of the 20th 
     century that defined the postwar world;
       (5) to highlight advances in technology, science, and 
     medicine related to military research conducted during World 
     War II;
       (6) to inform wartime and postwar generations of the 
     contributions of the Armed Forces of the United States to the 
     United States;
       (7) to recognize the contributions and sacrifices made by 
     World War II allies of the United States; and
       (8) to highlight the role of the Armed Forces of the United 
     States, then and now, in maintaining world peace through 
     strength.
       (c) Establishment of Account.--(1) There is established in 
     the Treasury of the United States an account to be known as 
     the ``Department of Defense 60th Anniversary of World War II 
     Commemoration Account'' which shall be administered by the 
     Secretary as a single account.
       (2) There shall be deposited in the account, from amounts 
     appropriated to the Department of Defense for operation and 
     maintenance of Defense Agencies, such amounts as the 
     Secretary considers appropriate to conduct the program 
     referred to in subsection (a).
       (3) The Secretary may use the funds in the account 
     established in paragraph (1) only for the purpose of 
     conducting the program referred to in subsection (a).
       (4) Not later than 60 days after the termination of the 
     authority of the Secretary to conduct the program referred to 
     in subsection (a), the Secretary shall transmit to the 
     Committees on Armed Services of the Senate and House of 
     Representatives a report containing an accounting of all the 
     funds deposited into and expended from the account or 
     otherwise expended under this section, and of any amount 
     remaining in the account. Unobligated funds which remain in 
     the account after termination of the authority of the 
     Secretary under this section shall be held in the account 
     until transferred by law after the Committees receive the 
     report.
       (d) Acceptance of Voluntary Services.--(1) Notwithstanding 
     section 1342 of title 31, United States Code, the Secretary 
     may accept from any person voluntary services to be provided 
     in furtherance of the program referred to in subsection (a).
       (2) A person providing voluntary services under this 
     subsection shall be considered to be an employee for the 
     purposes of chapter 81 of title 5, United States Code, 
     relating to compensation for work-related injuries. Such a 
     person who is not otherwise employed by the Federal 
     Government shall not be considered to be a Federal employee 
     for any other purposes by reason of the provision of such 
     service.
       (3) The Secretary may reimburse a person providing 
     voluntary services under this subsection for incidental 
     expenses incurred by such person in providing such services. 
     The Secretary shall determine which expenses are eligible for 
     reimbursement under this paragraph.

     SEC. 366. MEDIA COVERAGE OF THE RETURN TO THE UNITED STATES 
                   OF THE REMAINS OF DECEASED MEMBERS OF THE ARMED 
                   FORCES FROM OVERSEAS.

       (a) Findings.--Congress makes the following findings:
       (1) The Department of Defense, since 1991, has relied on a 
     policy of no media coverage of the transfers of the remains 
     of members Ramstein Air Force Base, Germany, nor at Dover Air 
     Force Base, Delaware, and the Port Mortuary Facility at Dover 
     Air Force Base, nor at interim stops en route to the point of 
     final destination in the transfer of the remains.
       (2) The principal focus and purpose of the policy is to 
     protect the wishes and the privacy of families of deceased 
     members of the Armed Forces during their time of great loss 
     and grief and to give families and friends of the dead the 
     privilege to decide whether to allow media coverage at the 
     member's duty or home station, at the interment site, or at 
     or in connection with funeral and memorial services.
       (3) In a 1991 legal challenge to the Department of Defense 
     policy, as applied during Operation Desert Storm, the policy 
     was upheld by the United States District Court for the 
     District of Columbia, and on appeal, by the United States 
     Court of Appeals for the District of Columbia in the case of 
     JB Pictures, Inc. v. Department of Defense and Donald B. 
     Rice, Secretary of the Air Force on the basis that denying 
     the media the right to view the return of remains at Dover 
     Air Force Base does not violate the first amendment 
     guarantees of freedom of speech and of the press.

[[Page S7606]]

       (4) The United States Court of Appeals for the District of 
     Columbia in that case cited the following two key Government 
     interests that are served by the Department of Defense 
     policy:
       (A) Reducing the hardship on the families and friends of 
     the war dead, who may feel obligated to travel great 
     distances to attend arrival ceremonies at Dover Air Force 
     Base if such ceremonies were held.
       (B) Protecting the privacy of families and friends of the 
     dead, who may not want media coverage of the unloading of 
     caskets at Dover Air Force Base.
       (5) The Court also noted, in that case, that the bereaved 
     may be upset at the public display of the caskets of their 
     loved ones and that the policy gives the family the right to 
     grant or deny access to the media at memorial or funeral 
     services at the home base and that the policy is consistent 
     in its concern for families.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Department of Defense policy regarding no media coverage 
     of the transfer of the remains of deceased members of the 
     Armed Forces appropriately protects the privacy of the 
     members' families and friends of and is consistent with 
     United States constitutional guarantees of freedom of speech 
     and freedom of the press.

     SEC. 367. TRACKING AND CARE OF MEMBERS OF THE ARMED FORCES 
                   WHO ARE INJURED IN COMBAT.

       (a) Findings.--The Senate makes the following findings:
       (1) Members of the Armed Forces of the United States place 
     themselves in harm's way in the defense of democratic values 
     and to keep the United States safe.
       (2) This call to duty has resulted in the ultimate 
     sacrifice of members of the Armed Forces of the United States 
     who are killed or critically injured while serving the United 
     States.
       (b) Sense of Senate.--It is the sense of the Senate--
       (1) to honor the sacrifice of the members of the Armed 
     Forces who have been killed or critically wounded while 
     serving the United States;
       (2) to recognize the heroic efforts of the medical 
     personnel of the Armed Forces in treating wounded military 
     personnel and civilians; and
       (3) to support advanced medical technologies that assist 
     the medical personnel of the Armed Forces in saving lives and 
     reducing disability rates for members of the Armed Forces.
       (c) Policy on Tracking of Wounded From Combat Zones.--(1) 
     Not later than 120 days after the date of the enactment of 
     this Act, the Secretary of Defense shall--
       (A) prescribe the policy of the Department of Defense for 
     providing timely notification to the next of kin of the 
     status, including health and location, of members of the 
     Armed Forces who are seriously ill or injured in a combat 
     zone; and
       (B) transmit to the Committees on Armed Services of the 
     Senate and House of Representatives a copy of the policy 
     prescribed under subparagraph (A).
       (2) The policy prescribed under paragraph (1) shall ensure 
     respect for the expressed desires of individual members of 
     the Armed Forces regarding notification of next of kin under 
     the policy, and shall also include standards of timeliness 
     for the initial and continuing notification of next of kin 
     under the policy.
       (d) Funding for Medical Equipment and Combat Casualty 
     Technologies.--(1) The amount authorized to be appropriated 
     by section 201(4) for research, development, test, and 
     evaluation, Defense-wide activities, is hereby increased by 
     $10,000,000, with the amount of the increase to be allocated 
     to Program Element PE 0603826D8Z.
       (2) Of the amount authorized to be appropriated by section 
     201(4) for research, development, test, and evaluation, 
     Defense-wide activities, and allocated to Program Element PE 
     0603826D8Z, as provided by paragraph (1), $10,000,000 may be 
     available for medical equipment and combat casualty care 
     technologies.
       (e) Offset.--The amount authorized to be appropriated by 
     section 421 is hereby reduced by $10,000,000, with the amount 
     of the reduction to be derived from excess amounts provided 
     for military personnel of the Air Force.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

     SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

       The Armed Forces are authorized strengths for active duty 
     personnel as of September 30, 2005, as follows:
       (1) The Army, 502,400, subject to the condition that costs 
     of active duty personnel of the Army in excess of 482,400 
     shall be paid out of funds authorized to be appropriated for 
     fiscal year 2005 for a contingent emergency reserve fund or 
     as an emergency supplemental appropriation.
       (2) The Navy, 365,900.
       (3) The Marine Corps, 175,000.
       (4) The Air Force, 359,700.

     SEC. 402. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVE 
                   DUTY PERSONNEL END STRENGTHS FOR FISCAL YEARS 
                   2005 THROUGH 2009.

       (a) Authority.--During fiscal years 2005 through 2009, the 
     Secretary of Defense is authorized to increase by up to 
     30,000 the end strength authorized for the Army for such 
     fiscal year under section 115(a)(1)(A) of title 10, United 
     States Code, as necessary to support the operational mission 
     of the Army in Iraq and Afghanistan and to achieve 
     transformational reorganization objectives of the Army, 
     including objectives for increased numbers of combat 
     brigades, unit manning, force stabilization and shaping, and 
     rebalancing of the active and reserve component forces of the 
     Army.
       (b) Relationship to Presidential Waiver Authority.--Nothing 
     in this section shall be construed to limit the President's 
     authority under section 123a of title 10, United States Code, 
     to waive any statutory end strength in a time of war or 
     national emergency.
       (c) Relationship to Other Variance Authority.--The 
     authority under subsection (a) is in addition to the 
     authority to vary authorized end strengths that is provided 
     in subsections (e) and (f) of section 115 of title 10, United 
     States Code.
       (d) Budget Treatment.--If the Secretary of Defense plans to 
     increase the Army active duty end strength for a fiscal year 
     under subsection (a) of this section or pursuant to a 
     suspension of end-strength limitation under section 123a of 
     title 10, United States Code, then the budget for the 
     Department of Defense for such fiscal year as submitted to 
     Congress shall specify the amounts necessary for funding the 
     active duty end strength of the Army in excess of 482,400 
     (the end strength authorized for active duty personnel of the 
     Army for fiscal year 2004 in section 401(1) of the National 
     Defense Authorization Act for Fiscal Year 2004 (Public Law 
     108-136; 117 Stat. 1450)).

     SEC. 403. EXCLUSION OF SERVICE ACADEMY PERMANENT AND CAREER 
                   PROFESSORS FROM A LIMITATION ON CERTAIN OFFICER 
                   GRADE STRENGTHS.

       Section 523(b) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(8) Up to 50 permanent professors of each of the United 
     States Military Academy and the United States Air Force 
     Academy, and up to 50 professors of the United States Naval 
     Academy who are career military professors (as defined in 
     regulations prescribed by the Secretary of the Navy).''.

                       Subtitle B--Reserve Forces

     SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

     Whenever such units or such individual members are released 
     from active duty during any fiscal year, the end strength 
     prescribed for such fiscal year for the Selected Reserve of 
     such reserve component shall be proportionately increased by 
     the total authorized strengths of such units and by the total 
     number of such individual members.

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

       Within the end strengths prescribed in section 411(a), the 
     reserve components of the Armed Forces are authorized, as of 
     September 30, 2005, the following number of Reserves to be 
     serving on full-time active duty or full-time duty, in the 
     case of members of the National Guard, for the purpose of 
     organizing, administering, recruiting, instructing, or 
     training the reserve components:
       (1) The Army National Guard of the United States, 26,602.
       (2) The Army Reserve, 14,970.
       (3) The Naval Reserve, 14,152.
       (4) The Marine Corps Reserve, 2,261.
       (5) The Air National Guard of the United States, 12,253.
       (6) The Air Force Reserve, 1,900.

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

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

     SEC. 414. FISCAL YEAR 2005 LIMITATIONS ON NON-DUAL STATUS 
                   TECHNICIANS.

       (a) Limitations.--(1) Within the limitation provided in 
     section 10217(c)(2) of title 10, United States Code, the 
     number of non-dual status technicians employed by the 
     National Guard as of September 30, 2005, may not exceed the 
     following:

[[Page S7607]]

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

     SEC. 415. AUTHORIZED STRENGTHS FOR MARINE CORPS RESERVE 
                   OFFICERS IN ACTIVE STATUS IN GRADES BELOW 
                   GENERAL OFFICER.

       (a) Increased Strengths for Field Grade and Company Grade 
     Officers.--Section 12005(c)(1), of title 10, United States 
     Code, is amended by amending the table to read as follows:

``Colonel....................................................2 percent 
``Lieutenant colonel.........................................8 percent 
``Major.....................................................16 percent 
``Captain...................................................39 percent 
``First lieutenant and second lieutenant (when combined with the number 
  authorized for general officer grades under section 12004 of this 
  title).................................................35 percent.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2004.

              Subtitle C--Authorizations of Appropriations

     SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY 
                   PERSONNEL.

       There is hereby authorized to be appropriated to the 
     Department of Defense for military personnel for fiscal year 
     2005 a total of $104,535,458,000. The authorization in the 
     preceding sentence supersedes any other authorization of 
     appropriations (definite or indefinite) for such purpose for 
     fiscal year 2005.

     SEC. 422. ARMED FORCES RETIREMENT HOME.

       There is hereby authorized to be appropriated for fiscal 
     year 2005 from the Armed Forces Retirement Home Trust Fund 
     the sum of $61,195,000 for the operation of the Armed Forces 
     Retirement Home.

                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Joint Officer Personnel Management

     SEC. 501. MODIFICATION OF CONDITIONS OF ELIGIBILITY FOR 
                   WAIVER OF JOINT DUTY CREDIT REQUIREMENT FOR 
                   PROMOTION TO GENERAL OR FLAG OFFICER.

       (a) Career Field Specialties With No Joint Requirements.--
     Paragraph (2) of section 619a(b) of title 10, United States 
     Code, is amended by striking ``scientific and technical 
     qualifications'' and inserting ``career field specialty 
     qualifications''.
       (b) Officers Selected for Promotion While in Joint Duty 
     Assignment.--Paragraph (4) of such section is amended by 
     striking ``if--'' and all that follows and inserting ``if the 
     officer's total consecutive service in joint duty assignments 
     meets the requirements of section 664 of this title for 
     credit for having completed a full tour of duty in a joint 
     duty assignment.''.

     SEC. 502. MANAGEMENT OF JOINT SPECIALTY OFFICERS.

       (a) Education and Experience Requirements.--(1) Subsection 
     (c) of section 661 of title 10, United States Code, is 
     amended by striking paragraph (1) and inserting the 
     following: ``(1) An officer shall have the joint specialty 
     (and shall be designated with a joint specialty officer 
     identifier) upon--
       ``(A) successfully completing (in any sequence)--
       ``(i) a program accredited by Chairman of the Joint Chiefs 
     of Staff that is presented by a joint professional military 
     education institution; and
       ``(ii) a full tour of duty in a joint duty assignment; or
       ``(B) completing two full tours of duty in joint duty 
     assignments.''.
       (2) Subsection (c) of such section is further amended--
       (A) by striking paragraphs (2) and (3); and
       (B) by redesignating paragraph (4) as paragraph (2).
       (b) Designation of Joint Specialty General and Flag Officer 
     Positions.--Section 661 of such title is further amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Joint Specialty Officer Designation for General and 
     Flag Positions.--(1) The Secretary of Defense shall ensure 
     that the general and flag officer positions required to be 
     filled by officers with the joint specialty as joint duty 
     assignments are designated as such.
       ``(2) An officer without the joint specialty may be 
     assigned to a position designated under paragraph (1) only if 
     the Secretary of Defense determines that the assignment of 
     that officer to such position is necessary and waives the 
     requirement to assign an officer with the joint specialty to 
     that position.''.

     SEC. 503. REVISED PROMOTION POLICY OBJECTIVES FOR JOINT 
                   OFFICERS.

       (a) Qualifications.--Subsection (a) of section 662 of title 
     10, United States Code, is amended to read as follows:
       ``(a) Qualifications.--(1) The Secretary of a military 
     department shall prescribe for the officers in each of the 
     armed forces under the jurisdiction of such Secretary 
     policies and procedures to ensure that an adequate number of 
     senior colonels, or in the case of the Navy, senior captains, 
     who are serving in or have served in joint duty assignments 
     meet the requirements of section 619a of this title for 
     eligibility for promotion to brigadier general and rear 
     admiral (lower half).
       ``(2) The Secretary of Defense shall ensure that the 
     qualifications of officers assigned to joint duty assignments 
     are such that--
       ``(A) officers who are serving on or have served on the 
     Joint Staff are expected, as a group, to be promoted to the 
     next higher grade at a rate not less than the rate for 
     officers of the same armed force in the same grade and 
     competitive category who are serving on the headquarters 
     staff of their armed force; and
       ``(B) officers who are serving in or have served in joint 
     duty assignments are expected, as a group, to be promoted to 
     the next higher grade at a rate not less than the rate for 
     all officers of the same armed force in the same grade and 
     competitive category.
       ``(3) The Secretary of Defense shall prescribe policies to 
     ensure that the Secretaries of the military departments 
     provide for promotion selection boards to give appropriate 
     consideration to officers who are serving in or have served 
     in joint duty assignments and are eligible for consideration 
     by such boards.''.
       (b) Conforming Amendment.--Subsection (b) of such section 
     is amended by striking ``paragraphs (1), (2), and (3) of 
     subsection (a)'' and inserting ``subparagraphs (A) and (B) of 
     subsection (a)(2)''.

     SEC. 504. LENGTH OF JOINT DUTY ASSIGNMENTS.

       Section 664 of title 10, United States Code, is amended by 
     striking subsection (b) and all that follows and inserting 
     the following new subsections:
       ``(b) Full Credit for Joint Duty.--An officer shall be 
     credited with having completed a full tour of duty in a joint 
     duty assignment upon the completion of any of the following:
       ``(1) Service in a joint duty assignment that meets the 
     standards of subsection (a).
       ``(2) Service in a joint duty assignment for a period that 
     equals or exceeds the standard length of the joint duty 
     assignments that is prescribed under subsection (c) for the 
     installation or other location of the officer's joint duty 
     assignment.
       ``(3) Cumulative service of at least one year on one or 
     more headquarters staffs within a United States or 
     multinational joint task force.
       ``(4) Service in a second joint duty assignment for not 
     less than 24 months, without regard to how much of the 
     officer's service in the first joint duty assignment has been 
     credited as service in a joint duty assignment.
       ``(5) Any service in a joint duty assignment if the 
     Secretary of Defense has granted a waiver for such officer 
     under subsection (d).
       ``(c) Standard Length of Joint Duty Assignments.--The 
     Secretary of Defense shall prescribe in regulations, for each 
     installation and other location authorized joint duty 
     assignment positions, the standard length of the joint duty 
     assignments in such positions at that installation or other 
     location, as the case may be.
       ``(d) Waiver Authority.--The Secretary of Defense may waive 
     the applicability of this section in the case of any 
     particular officer if the Secretary determines that it is in 
     the national security interests of the United States to do 
     so.''.

     SEC. 505. REPEAL OF MINIMUM PERIOD REQUIREMENT FOR PHASE II 
                   JOINT PROFESSIONAL MILITARY EDUCATION.

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

     SEC. 506. REVISED DEFINITIONS APPLICABLE TO JOINT DUTY.

       (a) Joint Duty Assignment.--Subsection (b)(2) of section 
     668 of title 10, United States Code, is amended by striking 
     ``a list'' in the matter preceding subparagraph (A) and 
     inserting ``a joint duty assignment list''.
       (b) Tour of Duty.--Subsection (c) of such section is 
     amended to read as follows:
       ``(c) Tour of Duty.--In this chapter, the term `tour of 
     duty' includes two or more consecutive tours of duty in joint 
     duty assignment positions that is credited as service in a 
     joint duty assignment under this chapter.''.

               Subtitle B--Other Officer Personnel Policy

     SEC. 511. TRANSITION OF ACTIVE-DUTY LIST OFFICER FORCE TO A 
                   FORCE OF ALL REGULAR OFFICERS.

       (a) Original Appointments as Commissioned Officers.--(1) 
     Section 532 of title 10, United States Code, is amended by 
     striking subsection (e).
       (2) Subsection (a)(2) of such section is amended by 
     striking ``fifty-fifth birthday'' and inserting ``sixty-
     second birthday''.
       (3)(A) Such section 532, as amended by paragraph (1), is 
     further amended by adding at the end the following new 
     subsection (e):
       ``(e) For an original appointment in a grade below major 
     or, in the case of the Navy, a grade below lieutenant 
     commander under subsection (a), the Secretary of Defense may 
     waive the applicability of the requirement of subsection 
     (a)(1) to an alien lawfully admitted to permanent residence 
     in the United States when the Secretary determines that it is 
     the national security interests of the United States to do 
     so.''.
       (B) Section 619(d) of title 10, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(5) An officer in the grade of captain or, in the case of 
     the Navy, lieutenant who is not a citizen of the United 
     States.''.

[[Page S7608]]

       (4) Section 531(a) of such title is amended to read as 
     follows:
       ``(a)(1) Original appointments in the grades of second 
     lieutenant through captain in the Regular Army, Regular Air 
     Force, and Regular Marine Corps and in the grades of ensign 
     through lieutenant in the Regular Navy shall be made by the 
     President. The President may delegate to the Secretary of 
     Defense authority to make such appointments.
       ``(2) Original appointments in the grades of major, 
     lieutenant colonel, and colonel in the Regular Army, Regular 
     Air Force, and Regular Marine Corps and in the grades of 
     lieutenant commander, commander, and captain in the Regular 
     Navy shall be made by the President, by and with the advice 
     and consent of the Senate.''.
       (b) Repeal of Total Strength Limitation for Active Duty 
     Regular Commissioned Officers.--(1) Section 522 of title 10, 
     United States Code, is repealed.
       (2) The table of sections at the beginning of chapter 32 of 
     such title is amended by striking the item relating to 
     section 522.
       (c) Force Shaping Authority.--(1)(A) Subchapter V of 
     chapter 36 of such title is amended by adding at the end the 
     following new section:

     ``Sec. 647. Force shaping authority

       ``(a) Authority.--The Secretary concerned may, solely for 
     the purpose of restructuring an armed force under the 
     jurisdiction of that Secretary--
       ``(1) discharge an officer described in subsection (b); or
       ``(2) transfer such an officer from the active-duty list of 
     that armed force to the reserve active-status list of a 
     reserve component of that armed force.
       ``(b) Covered Officers.--(1) The authority under this 
     section may be exercised in the case of an officer who--
       ``(A) has completed not more than 5 years of service as a 
     commissioned officer in the armed forces; or
       ``(B) has completed more than 5 years of service as a 
     commissioned officer in the armed forces, but has not 
     completed a minimum service obligation applicable to that 
     member.
       ``(2) In this subsection, the term `minimum service 
     obligation' means the initial period of required active duty 
     service together with any additional period of required 
     active duty service incurred during the initial period of 
     required active duty service.
       ``(c) Appointment of Transferred Officers.--An officer of 
     the Regular Army, Regular Air Force, Regular Navy, or Regular 
     Marine Corps who is transferred to a reserve active-status 
     list under this section shall be discharged from the regular 
     component concerned and appointed as a reserve commissioned 
     officer under section 12203 of this title.
       ``(d) Regulations.--The Secretary concerned shall prescribe 
     regulations for the exercise of the Secretary's authority 
     under this section.''.
       (B) The table of sections at the beginning of such 
     subchapter is amended by adding at the end the following new 
     item:

``647. Force shaping authority.''.
       (2) Section 1174(e)(2)(B) of such title is amended by 
     inserting after ``obligated service'' the following: ``, 
     unless the member is an officer discharged or released under 
     the authority of section 647 of this title''.
       (3) Section 12201(a) of such title is amended--
       (A) by inserting ``(1)'' after ``(a)'';
       (B) in the first sentence, by inserting ``, except as 
     provided in paragraph (2),'' after ``the armed force 
     concerned and''; and
       (C) by adding at the end the following new paragraph:
       ``(2) An officer transferred from the active-duty list of 
     an armed force to a reserve active-status list of an armed 
     force under section 647 of this title is not required to 
     subscribe to the oath referred to in paragraph (1) in order 
     to qualify for an appointment under that paragraph.''.
       (4) Section 12203 of such title is amended--
       (A) by redesignating subsection (b) as subsection (c); and
       (B) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Subject to the authority, direction, and control of 
     the President, the Secretary concerned may appoint as a 
     reserve commissioned officer any regular officer transferred 
     from the active-duty list of an armed force to the reserve 
     active-status list of a reserve component under section 647 
     of this title, notwithstanding the requirements of subsection 
     (a).''.
       (5) Section 531 of such title is amended by adding at the 
     end the following new subsection:
       ``(c) Subject to the authority, direction, and control of 
     the President, an original appointment as a commissioned 
     officer in the Regular Army, Regular Air Force, Regular Navy, 
     or Regular Marine Corps may be made by the Secretary 
     concerned in the case of a reserve commissioned officer upon 
     the transfer of such officer from the reserve active-status 
     list of a reserve component of the armed forces to the 
     active-duty list of an armed force, notwithstanding the 
     requirements of subsection (a).''.
       (d) Active-Duty Ready Reserve Officers Not on Active-Duty 
     List.--Section 641(1)(F) of such title is amended by striking 
     ``section 12304'' and inserting ``sections 12302 and 12304''.
       (e) All Regular Officer Appointments for Students Attending 
     the University of Health Sciences.--Section 2114(b) of such 
     title is amended by striking ``Notwithstanding any other 
     provision of law, they shall serve'' and all that follows 
     through ``if qualified,'' and inserting ``Notwithstanding any 
     other provision of law, they shall be appointed as regular 
     officers in the grade of O-1 and shall serve on active duty 
     in that grade. Upon graduation they shall be required to 
     serve on active duty''.
       (f) Effective Date.--This section and the amendments made 
     by this section shall take effect 180 days after the date of 
     the enactment of this Act.

     SEC. 512. ELIGIBILITY OF NAVY STAFF CORPS OFFICERS TO SERVE 
                   AS DEPUTY CHIEFS OF NAVAL OPERATIONS AND 
                   ASSISTANT CHIEFS OF NAVAL OPERATIONS.

       (a) Deputy Chiefs of Naval Operations.--Section 5036(a) of 
     title 10, United States Code, is amended by striking ``in the 
     line''.
       (b) Assistant Chiefs of Naval Operations.--Section 5037(a) 
     of such title is amended by striking ``in the line''.

     SEC. 513. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE JOINT DUTY 
                   EXPERIENCE AS ELIGIBILITY REQUIREMENT FOR 
                   APPOINTMENT OF CHIEFS OF RESERVE COMPONENTS.

       Sections 3038(b)(4), 5143(b)(4), 5144(b)(4), and 8038(b)(4) 
     of title 10, United States Code, are amended by striking 
     ``December 31, 2004'' and inserting ``December 31, 2005''.

     SEC. 514. LIMITATION ON NUMBER OF OFFICERS FROCKED TO MAJOR 
                   GENERAL AND REAR ADMIRAL (UPPER HALF).

       Section 777(d) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively; and
       (2) by striking ``(d) Limitation on Number of Officers 
     Frocked to Specified Grades.--'' and inserting the following:
       ``(d) Limitation on Number of Officers Frocked to Specified 
     Grades.--(1) The total number of brigadier generals and Navy 
     rear admirals (lower half) on the active-duty list who are 
     authorized as described in subsection (a) to wear the 
     insignia for the grade of major general or rear admiral 
     (upper half), as the case may be, may not exceed 30.''.

     SEC. 515. STUDY REGARDING PROMOTION ELIGIBILITY OF RETIRED 
                   WARRANT OFFICERS RECALLED TO ACTIVE DUTY.

       (a) Requirement for Study.--The Secretary of Defense shall 
     carry out a study to determine whether it would be equitable 
     for retired warrant officers on active duty, but not on the 
     active-duty list by reason of section 582(2) of title 10, 
     United States Code, to be eligible for consideration for 
     promotion under section 573 of such title.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report on the results of the study under 
     subsection (a). The report shall include a discussion of the 
     Secretary's determination regarding the issue covered by the 
     study, the rationale for the Secretary's determination, and 
     any recommended legislation that the Secretary considers 
     appropriate regarding that issue.

             Subtitle C--Reserve Component Personnel Policy

     SEC. 521. REPEAL OF EXCLUSION OF ACTIVE DUTY FOR TRAINING 
                   FROM AUTHORITY TO ORDER RESERVES TO ACTIVE 
                   DUTY.

       (a) General Authority To Order Reserves to Active Duty.--
     Section 12301 of title 10, United States Code, is amended--
       (1) in the first sentence of subsection (a), by striking 
     ``(other than for training)'';
       (2) in subsection (c)--
       (A) by striking ``(other than for training)'' and inserting 
     ``as described in subsection (a)'' in the first sentence; and
       (B) by striking ``(other than for training)'' in the second 
     sentence; and
       (3) in subsection (e), by striking ``(other than for 
     training)'' and inserting ``as described in subsection (a)''.
       (b) Ready Reserve 24-Month Callup Authority.--Section 12302 
     of such title is amended by striking ``(other than for 
     training)'' in subsections (a) and (c).
       (c) Selected Reserve and Individual Ready Reserve 270-Day 
     Callup Authority.--Section 12304(a) of such title is amended 
     by striking ``(other than for training)''.
       (d) Standby Reserve Callup Authority.--Section 12306 of 
     such title is amended--
       (1) in subsection (a), by striking ``active duty (other 
     than for training) only as provided in section 12301 of this 
     title'' and inserting ``active duty only as provided in 
     section 12301 of this title, but subject to the limitations 
     in subsection (b)''; and
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``(other than for 
     training)'' and inserting ``under section 12301(a) of this 
     title''; and
       (B) in paragraph (2), by striking ``no other member'' and 
     all that follows through ``without his consent'' and 
     inserting ``notwithstanding section 12301(a) of this title, 
     no other member in the Standby Reserve may be ordered to 
     active duty as an individual under such section without his 
     consent''.

     SEC. 522. EXCEPTION TO MANDATORY RETENTION OF RESERVES ON 
                   ACTIVE DUTY TO QUALIFY FOR RETIREMENT PAY.

       Section 12686(a) of title 10, United States Code, is 
     amended by inserting ``(other than retired pay for non-
     regular service under chapter 1223 of this title)'' after ``a 
     purely military retirement system''.

                   Subtitle D--Education and Training

     SEC. 531. ONE-YEAR EXTENSION OF ARMY COLLEGE FIRST PILOT 
                   PROGRAM.

       Section 573(h) of the National Defense Authorization Act 
     for Fiscal Year 2000 (Public

[[Page S7609]]

     Law 106-65; 10 U.S.C. 513 note), is amended by striking 
     ``September 30, 2004'' and inserting ``December 31, 2005''.

     SEC. 532. MILITARY RECRUITER EQUAL ACCESS TO CAMPUS.

       Subsection (b)(1) of section 983 of title 10, United States 
     Code, is amended--
       (1) by striking ``entry to campuses'' and inserting 
     ``access to campuses''; and
       (2) by inserting before the semicolon at the end the 
     following: ``in a manner that is at least equal in quality 
     and scope to the degree of access to campuses and to students 
     that is provided to any other employer''.

     SEC. 533. EXCLUSION FROM DENIAL OF FUNDS FOR PREVENTING ROTC 
                   ACCESS TO CAMPUS OF AMOUNTS TO COVER INDIVIDUAL 
                   COSTS OF ATTENDANCE AT INSTITUTIONS OF HIGHER 
                   EDUCATION.

       (a) Codification and Extension of Exclusion.--Subsection 
     (d) of section 983 of title 10, United States Code, is 
     amended--
       (1) by striking ``The'' after ``(1)'' and inserting 
     ``Except as provided in paragraph (3), the''; and
       (2) by adding at the end the following new paragraph:
       ``(3) Any Federal funding specified in paragraph (1) that 
     is provided to an institution of higher education, or to an 
     individual, to be available solely for student financial 
     assistance, related administrative costs, or costs associated 
     with attendance, may be used for the purpose for which the 
     funding is provided.''.
       (b) Conforming Amendments.--Subsections (a) and (b) of such 
     section are amended by striking ``(including a grant of funds 
     to be available for student aid)''.
       (c) Conforming Repeal of Codified Provision.--Section 8120 
     of the Department of Defense Appropriations Act, 2000 (Public 
     Law 106-79; 10 U.S.C. 983 note), is repealed.

     SEC. 534. TRANSFER OF AUTHORITY TO CONFER DEGREES UPON 
                   GRADUATES OF THE COMMUNITY COLLEGE OF THE AIR 
                   FORCE.

       (a) Authority of Air University Commander.--Subsection (a) 
     of section 9317 of title 10, United States Code, is amended--
       (1) by striking ``and'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(4) an associate level degree upon graduates of the 
     Community College of the Air Force who fulfill the 
     requirements for that degree.''.
       (b) Termination of Existing Authority.--(1) Paragraph (1) 
     of section 9315(c) of such title is amended by striking ``the 
     commander'' and all that follows through ``at the level of 
     associate'' and inserting ``an academic degree at the level 
     of associate may be conferred under section 9317 of this 
     title''.
       (2) Paragraph (2) of such section is amended by striking 
     ``Air Education and Training Command of the Air Force'' and 
     inserting ``Air University''.
       (c) Conforming and Clerical Amendments.--(1) The heading of 
     section 9317 of title 10, United States Code, is amended by 
     striking ``graduate-level degrees'' and inserting ``conferral 
     of degrees''.
       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 901 of such title is 
     amended to read as follows:

``9317. Air University: conferral of degrees.''.

     SEC. 535. REPEAL OF REQUIREMENT FOR OFFICER TO RETIRE UPON 
                   TERMINATION OF SERVICE AS SUPERINTENDENT OF THE 
                   AIR FORCE ACADEMY.

       (a) Repeals.--Sections 8921 and 9333a of title 10, United 
     States Code, are repealed.
       (b) Clerical Amendments.--Subtitle D of title 10, United 
     States Code, is amended--
       (1) in the table of sections at the beginning of chapter 
     867, by striking the item relating to section 8921; and
       (2) in the table of sections at the beginning of chapter 
     903, by striking the item relating to section 9333a.

           Subtitle E--Decorations, Awards, and Commendations

     SEC. 541. AWARD OF MEDAL OF HONOR TO INDIVIDUAL INTERRED IN 
                   THE TOMB OF THE UNKNOWNS AS REPRESENTATIVE OF 
                   CASUALTIES OF A WAR.

       (a) Award to Individual as Representative.--Chapter 57 of 
     title 10, United States Code, is amended by adding at the end 
     the following new section:

     ``Sec. 1134. Medal of honor: award to individual interred in 
       Tomb of the Unknowns as representative of casualties of a 
       war

       ``The medal of honor awarded posthumously to a deceased 
     member of the armed forces who, as an unidentified casualty 
     of a particular war or other armed conflict, is interred in 
     the Tomb of the Unknowns at Arlington National Cemetery, 
     Virginia, is awarded to the member as the representative of 
     the members of the armed forces who died in such war or other 
     armed conflict and whose remains have not been identified, 
     and not to the individual personally.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1134. Medal of honor: award to individual interred in Tomb of the 
              Unknowns as representative of casualties of a war.''.

     SEC. 542. SEPARATE CAMPAIGN MEDALS FOR OPERATION ENDURING 
                   FREEDOM AND FOR OPERATION IRAQI FREEDOM.

       (a) Requirement.--The President shall establish a campaign 
     medal specifically to recognize service by members of the 
     uniformed services in Operation Enduring Freedom and a 
     separate campaign medal specifically to recognize service by 
     members of the uniformed services in Operation Iraqi Freedom.
       (b) Eligibility.--Subject to such limitations as may be 
     prescribed by the President, eligibility for a campaign medal 
     established pursuant to subsection (a) shall be set forth in 
     regulations to be prescribed by the Secretary concerned (as 
     defined in section 101 of title 10, United States Code). In 
     the case of regulations prescribed by the Secretaries of the 
     military departments, the regulations shall be subject to 
     approval by the Secretary of Defense and shall be uniform 
     throughout the Department of Defense.

     SEC. 543. PLAN FOR REVISED CRITERIA AND ELIGIBILITY 
                   REQUIREMENTS FOR AWARD OF COMBAT INFANTRYMAN 
                   BADGE AND COMBAT MEDICAL BADGE FOR SERVICE IN 
                   KOREA AFTER JULY 28, 1953.

       (a) Requirement for Plan.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of the Army 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a plan for revising 
     the Army's criteria and eligibility requirements for award of 
     the Combat Infantryman Badge and the Combat Medical Badge for 
     service in the Republic of Korea after July 28, 1953, to 
     fulfill the purpose stated in subsection (b).
       (b) Purpose of Revised Criteria and Eligibility 
     Requirements.--The purpose for revising the criteria and 
     eligibility requirements for award of the Combat Infantryman 
     Badge and the Combat Medical Badge for service in the 
     Republic of Korea after July 28, 1953, is to ensure fairness 
     in the standards applied to Army personnel in the awarding of 
     such badges for Army service in the Republic of Korea in 
     comparison to the standards applied to Army personnel in the 
     awarding of such badges for Army service in other areas of 
     operations.

                      Subtitle F--Military Justice

     SEC. 551. REDUCED BLOOD ALCOHOL CONTENT LIMIT FOR OFFENSE OF 
                   DRUNKEN OPERATION OF A VEHICLE, AIRCRAFT, OR 
                   VESSEL.

       Section 911(b)(3) of title 10, United States Code (article 
     111(b)(3) of the Uniform Code of Military Justice), is 
     amended by striking ``0.10 grams'' in both places it appears 
     and inserting ``0.08 grams''.

     SEC. 552. WAIVER OF RECOUPMENT OF TIME LOST FOR CONFINEMENT 
                   IN CONNECTION WITH A TRIAL.

       Section 972 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(c) Waiver of Recoupment of Time Lost for Confinement.--
     The Secretary concerned shall waive liability for a period of 
     confinement in connection with a trial under subsection 
     (a)(3), or exclusion of a period of confinement in connection 
     with a trial under subsection (b)(3), in a case upon the 
     occurrence of any of the following events:
       ``(1) For each charge--
       ``(A) the charge is dismissed before or during trial in a 
     final disposition of the charge; or
       ``(B) the trial results in an acquittal of the charge.
       ``(2) For each charge resulting in a conviction in such 
     trial--
       ``(A) the conviction is set aside in a final disposition of 
     such charge, other than in a grant of clemency; or
       ``(B) a judgment of acquittal or a dismissal is entered 
     upon a reversal of the conviction on appeal.''.

     SEC. 553. DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON 
                   PREVENTION AND RESPONSE TO SEXUAL ASSAULTS 
                   INVOLVING MEMBERS OF THE ARMED FORCES.

       (a) Comprehensive Policy on Prevention and Response to 
     Sexual Assaults.--(1) Not later than January 1, 2005, the 
     Secretary of Defense shall develop a comprehensive policy for 
     the Department of Defense on the prevention of and response 
     to sexual assaults involving members of the Armed Forces.
       (2) The policy shall be based on the recommendations of the 
     Department of Defense Task Force on Care for Victims of 
     Sexual Assaults and on such other matters as the Secretary 
     considers appropriate.
       (b) Elements of Comprehensive Policy.--The policy developed 
     under subsection (a) shall address the following matters:
       (1) Prevention measures.
       (2) Education and training on prevention and response.
       (3) Investigation of complaints by command and law 
     enforcement personnel.
       (4) Medical treatment of victims.
       (5) Confidential reporting of incidents.
       (6) Victim advocacy and intervention.
       (7) Oversight by commanders of administrative and 
     disciplinary actions in response to substantiated incidents 
     of sexual assault.
       (8) Disposition of victims of sexual assault, including 
     review by appropriate authority of administrative separation 
     actions involving victims of sexual assault.
       (9) Disposition of members of the Armed Forces accused of 
     sexual assault.
       (10) Liaison and collaboration with civilian agencies on 
     the provision of services to victims of sexual assault.
       (11) Uniform collection of data on the incidence of sexual 
     assaults and on disciplinary actions taken in substantiated 
     cases of sexual assault.

[[Page S7610]]

       (c) Report on Improvement of Capability To Respond to 
     Sexual Assaults.--Not later than March 1, 2005, the Secretary 
     of Defense shall submit to Congress a proposal for such 
     legislation as the Secretary considers necessary to enhance 
     the capability of the Department of Defense to address 
     matters relating to sexual assaults involving members of the 
     Armed Forces.
       (d) Application of Comprehensive Policy To Military 
     Departments.--The Secretary shall ensure that, to the maximum 
     extent practicable, the policy developed under subsection (a) 
     is implemented uniformly by the military departments.
       (e) Policies and Procedures of Military Departments.--(1) 
     Not later than March 1, 2005, the Secretaries of the military 
     departments shall prescribe regulations, or modify current 
     regulations, on the policies and procedures of the military 
     departments on the prevention of and response to sexual 
     assaults involving members of the Armed Forces in order--
       (A) to conform such policies and procedures to the policy 
     developed under subsection (a); and
       (B) to ensure that such policies and procedures include the 
     elements specified in paragraph (2).
       (2) The elements specified in this paragraph are as 
     follows:
       (A) A program to promote awareness of the incidence of 
     sexual assaults involving members of the Armed Forces.
       (B) A program to provide victim advocacy and intervention 
     for members of the Armed Force concerned who are victims of 
     sexual assault, which program shall make available, at home 
     stations and in deployed locations, trained advocates who are 
     readily available to intervene on behalf of such victims.
       (C) Procedures for members of the Armed Force concerned to 
     follow in the case of an incident of sexual assault involving 
     a member of such Armed Force, including--
       (i) specification of the person or persons to whom the 
     alleged offense should be reported;
       (ii) specification of any other person whom the victim 
     should contact;
       (iii) procedures for the preservation of evidence; and
       (iv) procedures for confidential reporting and for 
     contacting victim advocates.
       (D) Procedures for disciplinary action in cases of sexual 
     assault by members of the Armed Force concerned.
       (E) Other sanctions authorized to be imposed in 
     substantiated cases of sexual assault, whether forcible or 
     nonforcible, by members of the Armed Force concerned.
       (F) Training on the policies and procedures for all members 
     of the Armed Force concerned, including specific training for 
     members of the Armed Force concerned who process allegations 
     of sexual assault against members of such Armed Force.
       (G) Any other matters that the Secretary of Defense 
     considers appropriate.
       (f) Annual Assessment of Policies and Procedures.--Not 
     later than January 15, 2006, and each year thereafter, each 
     Secretary of a military department shall conduct an 
     assessment of the implementation during the preceding fiscal 
     year of the policies and procedures of such department on the 
     prevention of and response to sexual assaults involving 
     members of the Armed Forces in order to determine the 
     effectiveness of such policies and procedures during such 
     fiscal year in providing an appropriate response to such 
     sexual assaults.
       (g) Annual Reports.--(1) Not later than April 1, 2005, and 
     January 15 of each year thereafter, each Secretary of a 
     military department shall submit to the Secretary of Defense 
     a report on the sexual assaults involving members of the 
     Armed Force concerned during the preceding year.
       (2) Each report on an Armed Force under paragraph (1) shall 
     contain the following:
       (A) The number of sexual assaults against members of the 
     Armed Force, and the number of sexual assaults by members of 
     the Armed Force, that were reported to military officials 
     during the year covered by such report, and the number of the 
     cases so reported cases that were substantiated.
       (B) A synopsis of and the disciplinary action taken in each 
     substantiated case.
       (C) The policies, procedures, and processes implemented by 
     the Secretary concerned during the year covered by such 
     report in response to incidents of sexual assault involving 
     members of the Armed Force concerned.
       (D) A plan for the actions that are to be taken in the year 
     following the year covered by such report on the prevention 
     of and response to sexual assault involving members of the 
     Armed Forces concerned.
       (3) Each report under paragraph (1) in 2006, 2007, and 2008 
     shall also include the assessment conducted by the Secretary 
     concerned under subsection (f).
       (4) The Secretary of Defense shall transmit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives each report submitted to the Secretary under 
     this subsection, together with the comments of the Secretary 
     on each such report. The Secretary shall transmit the report 
     on 2004 not later than May 1, 2005, and shall transmit the 
     report on any year after 2004 not later than March 15 of the 
     year following such year.
       (h) Sexual Assault Defined.--In this section, the term 
     ``sexual assault'' includes rape, acquaintance rape, sexual 
     assault, and other criminal sexual offenses.

Subtitle G--Scope of Duties of Ready Reserve Personnel in Inactive Duty 
                                 Status

     SEC. 561. REDESIGNATION OF INACTIVE-DUTY TRAINING TO 
                   ENCOMPASS OPERATIONAL AND OTHER DUTIES 
                   PERFORMED BY RESERVES WHILE IN INACTIVE DUTY 
                   STATUS.

       (a) Redesignation of Duty Status.--(1) The duty status 
     applicable to members of the reserve components of the Armed 
     Forces that is known as ``inactive-duty training'' is 
     redesignated as ``inactive duty''.
       (2) Any reference that is made in any law, regulation, 
     document, paper, or other record of the United States to 
     inactive-duty training, as such term applies to members of 
     the reserve components of the Armed Forces, shall be deemed 
     to be a reference to inactive duty.
       (b) Title 10 Conforming and Clerical Amendments.--(1) The 
     following provisions of title 10, United States Code, are 
     amended by striking ``inactive-duty training'' each place it 
     appears and inserting ``inactive duty'': sections 101(d)(7), 
     802(a)(3), 802(d)(2)(B), 802(d)(5)(B), 803(d), 936(a), 
     936(b), 976(a)(1)(C), 1061(b), 1074a(a), 1076(a)(2)(B), 
     1076(a)(2)(C), 1204(2), 1448(f)(1)(B), 1476(a)(1)(B), 
     1476(a)(2)(A), 1481(a)(2), 9446(a)(3), 12602(a)(3), 
     12602(b)(3), and 18505(a).
       (2) The following provisions of such title are amended by 
     striking ``inactive duty training'' each place it appears and 
     inserting ``inactive duty'': sections 1086(c)(2)(B), 
     1175(e)(2), 1475(a)(2), 1475(a)(3), 2031(d)(2), and 10204(b).
       (3) Section 1206(2) of such title is amended by striking 
     ``in line of duty--'' and all that follows through 
     ``residence; or'' and inserting the following: ``in line of 
     duty while--
       ``(A) performing active duty or inactive duty;
       ``(B) traveling directly to or from the place at which such 
     duty is performed; or
       ``(C) remaining overnight immediately before the 
     commencement of inactive duty, or while remaining overnight 
     between successive periods of inactive-duty training, at or 
     in the vicinity of the site of the inactive duty, if the site 
     is outside reasonable commuting distance of the member's 
     residence;''.
       (4) Section 1471(b)(3)(A) of such title is amended by 
     striking ``for training'' in clauses (ii) and (iii).
       (5) Section 1478(a) of such title is amended--
       (A) in paragraph (3)--
       (i) by striking ``from inactive duty training'' and 
     inserting ``from the location of inactive duty''; and
       (ii) by striking ``on inactive duty training'' and 
     inserting ``on inactive duty'';
       (B) in paragraph (7)--
       (i) by striking ``inactive duty training'' and inserting 
     ``inactive duty''; and
       (ii) by striking ``or training''; and
       (C) in paragraph (8), by striking ``inactive duty 
     training'' both places it appears and inserting ``inactive 
     duty''.
       (6) Section 12317 of such title is amended by striking ``, 
     or to participate in inactive duty training,'' and inserting 
     ``inactive duty''.
       (7) Section 12319(c) of such title is amended--
       (A) by striking ``inactive-duty training'' both places it 
     appears and inserting ``inactive duty''; and
       (B) by striking ``that training)'' and inserting ``that 
     duty)''.
       (8) Section 12603(a) of such title is amended--
       (A) by striking ``inactive duty training'' and inserting 
     ``inactive duty''; and
       (B) by striking ``the training'' and inserting ``such 
     duty''.
       (9) Section 12604(a) of such title is amended by striking 
     ``to inactive-duty training'' and inserting ``to perform 
     inactive duty''.
       (10)(A) The headings for sections 1204, 1206, 12603, and 
     18505 of such title are amended by striking ``inactive-duty 
     training'' and inserting ``inactive duty''.
       (B) The heading for section 1475 of such title is amended 
     by striking ``training''.
       (C) The heading for section 1476 of such title is amended 
     by striking ``or training''.
       (D) The heading for section 12604 of such title is amended 
     by striking ``attending inactive-duty training'' and 
     inserting ``performing inactive duty''.
       (11)(A) The table of sections at the beginning of chapter 
     61 of such title is amended--
       (i) by striking the item relating to section 1204 and 
     inserting the following:

``1204. Members on active duty for 30 days or less or on inactive duty: 
              retirement.'';

     and
       (ii) by striking the item relating to section 1206 and 
     inserting the following:

``1206. Members on active duty for 30 days or less or on inactive duty: 
              separation.''.

       (B) The table of sections at the beginning of subchapter II 
     of chapter 75 of such title is amended by striking the items 
     relating to sections 1475 and 1476 and inserting the 
     following:

``1475. Death gratuity: death of members on active duty or inactive 
              duty and of certain other persons.
``1476. Death gratuity: death after discharge or release from duty.''.

       (C) The table of sections at the beginning of chapter 1217 
     of such title is amended by striking the items relating to 
     sections 12603 and 12604 and inserting the following:

``12603. Attendance of inactive duty assemblies: commercial travel at 
              Federal supply schedule rates.

[[Page S7611]]

``12604. Billeting in Department of Defense facilities: Reserves 
              performing inactive duty.''.

       (D) The item relating to section 18505 in the table of 
     sections at the beginning of chapter 1805 of such title is 
     amended to read as follows:

``18505. Reserves traveling for inactive duty: space-required travel on 
              military aircraft.''.

       (c) Title 14 Conforming Amendment.--Sections 704 and 705(a) 
     of title 14, United States Code, are amended by striking 
     ``inactive-duty training'' and inserting ``inactive duty''.
       (d) Title 37 Conforming and Clerical Amendments.--(1) 
     Sections 101(22), 205(e)(2)(A), and 433(d) of title 37, 
     United States Code, are amended by striking ``inactive-duty 
     training'' each place it appears and inserting ``inactive 
     duty''.
       (2) Section 204 of such title is amended--
       (A) in subsection (g)(1)--
       (i) in subparagraphs (B) and (D), by striking ``inactive-
     duty training'' each place it appears and inserting 
     ``inactive duty'' and
       (ii) in subparagraph (C), by striking ``or training''; and
       (B) in subsection (h)(1)--
       (i) in subparagraphs (B) and (D), by striking ``inactive-
     duty training'' each place it appears and inserting 
     ``inactive duty''; and
       (ii) in subparagraph (C), by striking ``or training''; and
       (3) Section 206 of such title is amended--
       (A) in subsection (a)(3)--
       (i) by striking clause (ii) of subparagraph (A) and 
     inserting the following:
       ``(ii) inactive duty;'';
       (ii) in subparagraph (B), by striking ``or training''; and
       (iii) in subparagraph (C), by striking ``inactive-duty 
     training'' each place it appears and inserting ``inactive 
     duty''; and
       (B) in subsection (b)(1), by inserting ``or duty'' after 
     ``kind of training''.
       (4) Section 308d(a) of such title is amended by striking 
     ``for training''.
       (5) Section 415 of such title is amended--
       (A) in subsection (a)(3), by striking ``inactive-duty 
     training'' and inserting ``inactive duty''; and
       (B) in subsection (c)(1), by striking ``on inactive duty 
     training status'' and inserting ``inactive duty''.
       (6) Section 552 of such title is amended--
       (A) in subsection (a)--
       (i) by striking ``performing inactive-duty training,'' in 
     the matter preceding paragraph (1), and inserting ``inactive 
     duty,''; and
       (ii) by striking ``or inactive-duty training'' in the 
     second sentence and inserting ``or inactive duty''; and
       (B) in subsection (d), by striking ``inactive-duty 
     training'' and inserting ``on inactive duty''.
       (7)(A) The heading for section 206 of such title is amended 
     by striking ``inactive-duty training'' and inserting 
     ``inactive duty''.
       (B) The item relating to such section in the table of 
     sections at the beginning of chapter 3 of such title is 
     amended to read as follows:

``206. Reserves; members of National Guard: inactive duty.''.

       (8) The heading for subsection (c) of section 305b of such 
     title is amended by striking ``Duty Training.--'' and 
     inserting ``Duty.--''.
       (9) The heading for subsection (e) of section 320 of such 
     title is amended by striking ``Duty Training.--'' and 
     inserting ``Duty.--''.
       (e) Public Law 108-136.--Section 644(c) of the National 
     Defense Authorization Act for Fiscal Year 2004 (Public Law 
     108-136; 117 Stat. 1518) is amended by striking ``inactive-
     duty training'' and inserting ``inactive duty''.

     SEC. 562. REPEAL OF UNNECESSARY DUTY STATUS DISTINCTION FOR 
                   FUNERAL HONORS DUTY.

       (a) Title 10 Duty.--(1) Section 12503 of title 10, United 
     States Code, is repealed.
       (2) Section 12552 of such title is repealed.
       (b) Title 32 Duty.--(1) Section 115 of title 32, United 
     States Code, is repealed.
       (2) Section 114 of such title is amended by striking the 
     second sentence.
       (c) Title 10 Conforming and Clerical Amendments.--Title 10, 
     United States Code, is amended as follows:
       (1) Section 1074a(a) is amended--
       (A) in paragraph (1)--
       (i) by inserting ``or'' at the end of subparagraph (A);
       (ii) by striking ``; or'' at the end of subparagraph (B) 
     and inserting a period; and
       (iii) by striking subparagraph (C);
       (B) in paragraph (2)--
       (i) by inserting ``or'' at the end of subparagraph (A);
       (ii) by striking ``; or'' at the end of subparagraph (B) 
     and inserting a period; and
       (iii) by striking subparagraph (C); and
       (C) by striking paragraph (4).
       (2) Section 1076(a)(2) is amended by striking subparagraph 
     (E).
       (3) Section 1204(2) is amended--
       (A) by inserting ``or'' at the end of subparagraph 
     (A)(iii);
       (B) by striking ``or'' at the end of subparagraph (B)(iii) 
     and inserting a period; and
       (C) by striking subparagraph (C).
       (4) Section 1206(2) is amended by striking ``(B) while the 
     member--'' and all that follows through ``immediately before 
     so serving;''.
       (5) Section 1481(a)(2) is amended--
       (A) by inserting ``or'' at the end of subparagraph (D);
       (B) by striking ``; or'' at the end of subparagraph (E) and 
     inserting a period; and
       (C) by striking subparagraph (F).
       (6) Section 12732(a)(2)(E) is amended by inserting ``(as 
     such section 12503 or 115, respectively, was in effect before 
     the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2005)'' after ``section 115 
     of title 32''.
       (7)(A) The table of sections at the beginning of chapter 
     1213 is amended by striking the item relating to section 
     12503.
       (B) The table of sections at the beginning of chapter 1215 
     is amended by striking the item relating to 12552.
       (c) Title 32 Clerical Amendment.--The table of sections at 
     the beginning of chapter 1 of title 32, United States Code, 
     is amended by striking the item relating to section 115.
       (d) Title 37 Conforming Amendments.--Section 204 of title 
     37, United States Code, is amended--
       (1) in subsection (g)(1)--
       (A) by inserting ``or'' at the end of subparagraph (C);
       (B) by striking ``; or'' at the end of subparagraph (D) and 
     inserting a period; and
       (C) by striking subparagraph (E); and
       (2) in subsection (h)(1)--
       (A) by inserting ``or'' at the end of subparagraph (C);
       (B) by striking ``; or'' at the end of subparagraph (D) and 
     inserting a period; and
       (C) by striking subparagraph (E).

     SEC. 563. CONFORMING AMENDMENTS TO OTHER LAWS REFERRING TO 
                   INACTIVE-DUTY TRAINING.

       (a) Title 5.--Section 6323(a)(1) of title 5, United States 
     Code, is amended by striking ``inactive-duty training'' and 
     inserting ``inactive duty''.
       (b) Title 38.--(1) The following provisions of title 38, 
     United States Code, are amended by striking ``inactive duty 
     training'' each place it appears and inserting ``inactive 
     duty'': sections 106(d)(1), 1112(c)(3)(A)(ii), 1302(b)(2), 
     1312(a)(2)(A), 1965(3), 1965(4), 1965(5), 1967(a)(1)(B), 
     1967(b), 1969(a)(3), 1977(e), 2402(2), 4303(13), and 
     4303(16).
       (2) Section 1968 of such title is amended--
       (A) by striking ``inactive duty training'' and inserting 
     ``inactive duty''--
       (i) in subsection (a), in the matter preceding paragraph 
     (1);
       (ii) in subsection (a)(3); and
       (iii) in subsection (b)(2); and
       (B) in subsection (a)(3)--
       (i) by striking ``such scheduled training period'' and 
     inserting ``such period of scheduled duty'';
       (ii) by striking ``the date of such training'' and 
     inserting ``the date on which such duty period ends''; and
       (iii) by striking ``such training terminated'' and 
     inserting ``on which such duty period ends''.

     SEC. 564. CONFORMING AMENDMENTS TO OTHER LAWS REFERRING TO 
                   FUNERAL HONORS DUTY.

       (a) Title 5.--Section 6323(a)(1) of title 5, United States 
     Code, is amended by striking ``funeral honors duty (as 
     described in section 12503 of title 10 and section 115 of 
     title 32),''.
       (b) Title 38.--Section 4303(13) of title 38, United States 
     Code, is amended--
       (1) by inserting ``and'' after ``full-time National Guard 
     duty,''; and
       (2) by striking ``, and a period for which a person is 
     absent from employment for the purpose of performing funeral 
     honors duty as authorized by section 12503 of title 10 or 
     section 115 of title 32.''.

                       Subtitle H--Other Matters

     SEC. 571. ACCESSION OF PERSONS WITH SPECIALIZED SKILLS.

       (a) Initial Service Obligation.--Subsection (a) of section 
     651 of title 10, United States Code, is amended--
       (1) by inserting ``(1)'' after ``(a)'';
       (2) by striking ``deferred under the next to the last 
     sentence of section 6(d)(1) of the Military Selective Service 
     Act (50 U.S.C. App. 456(d)(1))'' and inserting ``described in 
     paragraph (3)''; and
       (3) by adding at the end the following new paragraphs:
       ``(2) The Secretary concerned may--
       ``(A) waive the applicability of paragraph (1) to a person 
     who, as determined by the Secretary concerned, is accessed 
     into an armed force under the jurisdiction of that Secretary 
     based on unique skills acquired in a civilian occupation and 
     is to serve in that armed force in a specialty requiring 
     those skills; and
       ``(B) require any alternative period of obligated service 
     that the Secretary considers appropriate to meet the needs of 
     the armed force that such person is entering.
       ``(3) The requirement under paragraph (1) does not apply to 
     a person who is deferred under the next to the last sentence 
     of section 6(d)(1) of the Military Selective Service Act (50 
     U.S.C. App. 456(d)(1)).
       (b) Basic Training Period.--Subsection (c) of section 671 
     of such title is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by striking ``(c)(1)'' and all that follows through 
     ``Any such period'' in the second sentence of paragraph (1) 
     and inserting the following:
       ``(c)(1) A period of basic training (or equivalent 
     training) shorter than 12 weeks may be established by the 
     Secretary concerned for members of the armed forces who, as 
     determined by the Secretary under regulations prescribed 
     under paragraph (3)--
       ``(A) have been credentialed in a medical profession or 
     occupation and are serving in a health-care occupational 
     specialty; or

[[Page S7612]]

       ``(B) have unique skills acquired in a civilian occupation 
     and are to serve in a military specialty or position 
     requiring those skills.
       ``(2) Any period of basic training under paragraph (1)''.

     SEC. 572. FEDERAL WRITE-IN BALLOTS FOR ABSENTEE MILITARY 
                   VOTERS LOCATED IN THE UNITED STATES.

       (a) Duties of Presidential Designee.--Section 101(b)(3) of 
     the Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff(b)(3)) is amended by striking ``overseas 
     voters'' and inserting ``absent uniformed services voters and 
     overseas voters''.
       (b) Federal Write-In Absentee Ballot.--Section 103 of such 
     Act (42 U.S.C. 1973ff-2) is amended--
       (1) in subsection (a), by striking ``overseas voters'' and 
     inserting ``absent uniformed services voters and overseas 
     voters'';
       (2) in subsection (b), by striking the second sentence and 
     inserting the following new sentence: ``A Federal write-in 
     absentee ballot of an absent uniformed services voter or 
     overseas voter shall not be counted--
       ``(1) if the application of the absent uniformed services 
     voter or overseas voter for a State absentee ballot is 
     received by the appropriate State election official after the 
     later of--
       ``(A) the deadline of the State for receipt of such 
     application; or
       ``(B) the date that is 30 days before the general election; 
     or
       ``(2) if a State absentee ballot of the absent uniformed 
     services voter or overseas voter is received by the 
     appropriate State election official not later than the 
     deadline for receipt of the State absentee ballot under State 
     law.'';
       (3) in subsection (c)(1), by striking ``overseas voter'' 
     and inserting ``absent uniformed services voter or overseas 
     voter'';
       (4) in subsection (d), by striking ``overseas voter'' both 
     places it appears and inserting ``absent uniformed services 
     voter or overseas voter''; and
       (5) in subsection (e)(2), by striking ``overseas voters'' 
     and inserting ``absent uniformed services voters and overseas 
     voters''.
       (c) Conforming Amendments.--(1) The heading of section 103 
     of such Act is amended to read as follows:

     ``SEC. 103. FEDERAL WRITE-IN ABSENTEE BALLOT IN GENERAL 
                   ELECTIONS FOR FEDERAL OFFICE FOR ABSENT 
                   UNIFORMED SERVICES VOTERS AND OVERSEAS 
                   VOTERS.''.

       (2) The subsection caption for subsection (d) of such 
     section is amended by striking ``Overseas Voter'' and 
     inserting ``Absent Uniformed Services Voter or Overseas 
     Voter''.

     SEC. 573. RENAMING OF NATIONAL GUARD CHALLENGE PROGRAM AND 
                   INCREASE IN MAXIMUM FEDERAL SHARE OF COST OF 
                   STATE PROGRAMS UNDER THE PROGRAM.

       (a) Renaming.--The text of section 509 of title 32, United 
     States Code, is amended by striking ``National Guard 
     Challenge Program'' each place it appears and inserting 
     ``National Guard Youth Challenge Program''.
       (b) Increase in Maximum Federal Share of Cost of State 
     Programs.--Subsection (d) of such section is amended by 
     striking paragraphs (1), (2), (3), and (4), and inserting the 
     following new paragraphs:
       ``(1) for fiscal year 2004, 60 percent of the costs of 
     operating the State program during that year;
       ``(2) for fiscal year 2005, 65 percent of the costs of 
     operating the State program during that year;
       ``(3) for fiscal year 2006, 70 percent of the costs of 
     operating the State program during that year; and
       ``(4) for fiscal year 2007 and each subsequent fiscal year, 
     75 percent of the costs of operating the State program during 
     such year.''.
       (c) Conforming and Clerical Amendments.--(1) The heading of 
     such section is amended to read as follows:

     ``Sec. 509. National Guard Youth Challenge Program of 
       opportunities for civilian youth''.

       (2) The table of sections at the beginning of chapter 5 of 
     such title is amended by striking the item relating to 
     section 509 and inserting the following new item:

``509. National Guard Youth Challenge Program of opportunities for 
              civilian youth.''.

     SEC. 574. APPEARANCE OF VETERANS SERVICE ORGANIZATIONS AT 
                   PRESEPARATION COUNSELING PROVIDED BY THE 
                   DEPARTMENT OF DEFENSE.

       (a) Appearance to Counseling for Discharge or Release From 
     Active Duty.--Section 1142 of title 10, United States Code, 
     is amended by adding at the end the following new subsection:
       ``(d) Appearance by Veterans Service Organizations.--(1) 
     The Secretary concerned may permit a representative of a 
     veterans service organization to appear at and participate in 
     any preseparation counseling provided to a member of the 
     armed forces under this section.
       ``(2) For purposes of this subsection, a veterans service 
     organization is any organization recognized by the Secretary 
     of Veterans Affairs for the representation of veterans under 
     section 5902 of title 38.''.
       (b) Meeting With Reserves Released From Active Duty for 
     Further Service in the Reserves.--(1) A unit of a reserve 
     component on active duty in the Armed Forces may, upon 
     release from active duty in the Armed Forces for further 
     service in the reserve components, meet with a veterans 
     service organization for information and assistance relating 
     to such release if the commander of the unit authorizes the 
     meeting.
       (2) The time of a meeting for a unit under paragraph (1) 
     may be scheduled by the commander of the unit for such time 
     after the release of the unit as described in that paragraph 
     as the commander of the unit determines appropriate to 
     maximize the benefit of the meeting to the members of the 
     unit.
       (3) For purposes of this subsection, a veterans service 
     organization is any organization recognized by the Secretary 
     of Veterans Affairs for the representation of veterans under 
     section 5902 of title 38, United States Code.

     SEC. 575. SENSE OF THE SENATE REGARDING RETURN OF MEMBERS TO 
                   ACTIVE DUTY SERVICE UPON REHABILITATION FROM 
                   SERVICE-RELATED INJURIES.

       (a) Findings.--Congress makes the following findings:
       (1) The generation of young men and women currently serving 
     on active duty in the Armed Forces, which history will record 
     as being among the greatest, has shown in remarkable numbers 
     an individual resolve to recover from injuries incurred in 
     such service and to return to active service in the Armed 
     Forces.
       (2) Since September 11, 2001, numerous brave soldiers, 
     sailors, airmen, and Marines have incurred serious combat 
     injuries, including (as of June 2004) approximately 100 
     members of the Armed Forces who have been fitted with 
     artificial limbs as a result of devastating injuries 
     sustained in combat overseas.
       (3) In cases involving combat-related injuries and other 
     service-related injuries it is possible, as a result of 
     advances in technology and extensive rehabilitative services, 
     to restore to members of the Armed Forces sustaining such 
     injuries the capability to resume the performance of active 
     military service, including, in a few cases, the capability 
     to participate directly in the performance of combat 
     missions.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) members of the Armed Forces who on their own initiative 
     are highly motivated to return to active duty service 
     following rehabilitation from injuries incurred in their 
     service in the Armed Forces, after appropriate medical review 
     should be given the opportunity to present their cases for 
     continuing to serve on active duty in varied military 
     capacities;
       (2) other than appropriate medical review, there should be 
     no barrier in policy or law to such a member having the 
     option to return to military service on active duty; and
       (3) the Secretary of Defense should develop specific 
     protocols that expand options for such members to return to 
     active duty service and to be retrained to perform military 
     missions for which they are fully capable.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

     SEC. 601. GEOGRAPHIC BASIS FOR HOUSING ALLOWANCE DURING 
                   SHORT-ASSIGNMENT PERMANENT CHANGES OF STATION 
                   FOR EDUCATION OR TRAINING.

       (a) Authority.--Paragraph (3) of subsection (d) of section 
     403 of title 37, United States Code, is amended by adding at 
     the end the following new subparagraph:
       ``(C) In the case of a member who is reassigned for a 
     permanent change of station or permanent change of assignment 
     from a duty station within the continental United States to 
     another duty station within the continental United States for 
     a period of not more than one year for the purpose of 
     participating in professional military education or training 
     classes, the amount of the basic allowance for housing for 
     the member may be based on whichever of the following areas 
     the Secretary concerned determines to provide the more 
     equitable basis for the allowance:
       ``(i) The area of the duty station to which the member is 
     reassigned.
       ``(ii) The area of the member's last duty station, but only 
     if, and for the period that, the member's dependents reside 
     in that area on and after the date of the member's departure 
     for the duty station to which the member is reassigned.''.
       (b) Conforming Amendment.--The heading of such subsection 
     is amended by striking ``Are Unable To'' and inserting ``Do 
     Not''.

     SEC. 602. IMMEDIATE LUMP-SUM REIMBURSEMENT FOR UNUSUAL 
                   NONRECURRING EXPENSES INCURRED FOR DUTY OUTSIDE 
                   THE CONTINENTAL UNITED STATES.

       Section 405 of title 37, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(d) Nonrecurring Expenses.--(1) The Secretary concerned 
     may pay a member of the uniformed services on duty as 
     described in subsection (a) a reimbursement for a 
     nonrecurring expense incurred by the member incident to such 
     duty that--
       ``(A) is directly related to the conditions or location of 
     the duty;
       ``(B) is of a nature or a magnitude not normally incurred 
     by members of the uniformed services on duty inside the 
     continental United States; and
       ``(C) is not included in the per diem determined under 
     subsection (b) as payable to the member under subsection (a).
       ``(2) Any reimbursement payable to a member under paragraph 
     (1) is in addition to a per diem payable to that member under 
     subsection (a).''.

[[Page S7613]]

     SEC. 603. PERMANENT INCREASE IN AUTHORIZED AMOUNT OF FAMILY 
                   SEPARATION ALLOWANCE.

       (a) Permanent Amount.--Subsection (a)(1) of section 427 of 
     title 37, United States Code, is amended by striking ``$100'' 
     and inserting ``$250''.
       (b) Repeal of Temporary Authority.--Subsection (e) of such 
     section is repealed.
       (c) Effective Date.--This section and the amendments made 
     by this section shall take effect on the earlier of--
       (1) the first day of the first month that begins after the 
     date of the enactment of this Act; or
       (2) January 1, 2005.

           Subtitle B--Bonuses and Special and Incentive Pays

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

       (a) Selected Reserve Reenlistment Bonus.--Section 308b(g) 
     of title 37, United States Code, is amended by striking 
     ``December 31, 2004'' and inserting ``December 31, 2005''.
       (b) Selected Reserve Enlistment Bonus.--Section 308c(e) of 
     such title is amended by striking ``December 31, 2004'' and 
     inserting ``December 31, 2005''.
       (c) Special Pay for Enlisted Members Assigned to Certain 
     High Priority Units.--Section 308d(c) of such title is 
     amended by striking ``December 31, 2004'' and inserting 
     ``December 31, 2005''.
       (d) Selected Reserve Affiliation Bonus.--Section 308e(e) of 
     such title is amended by striking ``December 31, 2004'' and 
     inserting ``December 31, 2005''.
       (e) Ready Reserve Enlistment and Reenlistment Bonus.--
     Section 308h(g) of such title is amended by striking 
     ``December 31, 2004'' and inserting ``December 31, 2005''.
       (f) Prior Service Enlistment Bonus.--Section 308i(f ) of 
     such title is amended by striking ``December 31, 2004'' and 
     inserting ``December 31, 2005''.

     SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY 
                   AUTHORITIES FOR CERTAIN HEALTH CARE 
                   PROFESSIONALS.

       (a) Nurse Officer Candidate Accession Program.--Section 
     2130a(a)(1) of title 10, United States Code, is amended by 
     striking ``December 31, 2004'' and inserting ``December 31, 
     2005''.
       (b) Repayment of Education Loans for Certain Health 
     Professionals Who Serve in the Selected Reserve.--Section 
     16302(d) of such title is amended by striking ``January 1, 
     2005'' and inserting ``January 1, 2006''.
       (c) Accession Bonus for Registered Nurses.--Section 
     302d(a)(1) of title 37, United States Code, is amended by 
     striking ``December 31, 2004'' and inserting ``December 31, 
     2005''.
       (d) Incentive Special Pay for Nurse Anesthetists.--Section 
     302e(a)(1) of such title is amended by striking ``December 
     31, 2004'' and inserting ``December 31, 2005''.
       (e) Special Pay for Selected Reserve Health Professionals 
     in Critically Short Wartime Specialties.--Section 302g(f ) of 
     such title is amended by striking ``December 31, 2004'' and 
     inserting ``December 31, 2005''.
       (f) Accession Bonus for Dental Officers.--Section 
     302h(a)(1) of such title is amended by striking ``December 
     31, 2004'' and inserting ``December 31, 2005''.

     SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS 
                   AUTHORITIES FOR NUCLEAR OFFICERS.

       (a) Special Pay for Nuclear-Qualified Officers Extending 
     Period of Active Service.--Section 312(e) of title 37, United 
     States Code, is amended by striking ``December 31, 2004'' and 
     inserting ``December 31, 2005''.
       (b) Nuclear Career Accession Bonus.--Section 312b(c) of 
     such title is amended by striking ``December 31, 2004'' and 
     inserting ``December 31, 2005''.
       (c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) 
     of such title is amended by striking ``December 31, 2004'' 
     and inserting ``December 31, 2005''.

     SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND SPECIAL PAY 
                   AUTHORITIES.

       (a) Aviation Officer Retention Bonus.--Section 301b(a) of 
     title 37, United States Code, is amended by striking 
     ``December 31, 2004'' and inserting ``December 31, 2005''.
       (b) Assignment Incentive Pay.--Section 307a(f) of such 
     title is amended by striking ``December 31, 2005'' and 
     inserting ``December 31, 2006''.
       (c) Reenlistment Bonus for Active Members.--Section 308(g) 
     of such title is amended by striking ``December 31, 2004'' 
     and inserting ``December 31, 2005''.
       (d) Enlistment Bonus for Active Members.--Section 309(e) of 
     such title is amended by striking ``December 31, 2004'' and 
     inserting ``December 31, 2005''.
       (e) Retention Bonus for Members With Critical Military 
     Skills.--Section 323(i) of such title is amended by striking 
     ``December 31, 2004'' and inserting ``December 31, 2005''.
       (f) Accession Bonus for New Officers in Critical Skills.--
     Section 324(g) of such title is amended by striking 
     ``December 31, 2004'' and inserting ``December 31, 2005''.

     SEC. 615. REDUCED SERVICE OBLIGATION FOR NURSES RECEIVING 
                   NURSE ACCESSION BONUS.

       (a) Period of Obligated Service.--Section 302d(a)(1) of 
     title 37, United States Code, is amended by striking ``four 
     years'' and inserting ``three years''.
       (b) Effective Date and Applicability.--The amendment made 
     by subsection (a) shall take effect on October 1, 2004, and 
     shall apply with respect to agreements entered into under 
     section 302d of title 37, United States Code, on or after 
     such date.

     SEC. 616. ASSIGNMENT INCENTIVE PAY.

       (a) Discontinuation Upon Commencement of Terminal Leave.--
     (1) Subsection (e) of section 307a of title 37, United States 
     Code, is amended by striking ``absence of the member for 
     authorized leave.'' and inserting the following:
       ``(2) absence of the member for authorized leave, other 
     than leave authorized for a period ending upon the discharge 
     of the member or the release of the member from active 
     duty.''.
       (2) Such subsection is further amended by striking ``by 
     reason of'' and all that follows through ``pursuant to orders 
     or'' and inserting ``by reason of--
       ``(1) temporary duty performed by the member pursuant to 
     orders; or''.
       (b) Discretionary Written Agreements.--Subsection (b) of 
     such section is amended to read as follows:
       ``(b) Written Agreement.--The Secretary concerned may 
     require a member to enter into a written agreement with the 
     Secretary in order to qualify for the incentive pay under 
     this section. A written agreement under this subsection shall 
     set forth the period for which the incentive pay is to be 
     provided and the monthly rate at which the incentive pay is 
     to be paid.''.
       (c) Effective Date and Applicability.--(1) The amendments 
     made by subsection (a) shall take effect on October 1, 2004.
       (2) Paragraph (2) of section 307a(e) of title 37, United 
     States Code, shall apply with respect to authorized leave for 
     days after September 30, 2004.

     SEC. 617. PERMANENT INCREASE IN AUTHORIZED AMOUNT OF HOSTILE 
                   FIRE AND IMMINENT DANGER SPECIAL PAY.

       (a) Permanent Amount.--Subsection (a) of section 310 of 
     title 37, United States Code, is amended by striking ``$150'' 
     in the matter preceding paragraph (1) and inserting ``$225''.
       (b) Repeal of Temporary Authority.--Subsection (e) of such 
     section is repealed.
       (c) Effective Date.--This section and the amendments made 
     by this section shall take effect on the earlier of--
       (1) the first day of the first month that begins after the 
     date of the enactment of this Act; or
       (2) January 1, 2005.

     SEC. 618. ELIGIBILITY OF ENLISTED MEMBERS TO QUALIFY FOR 
                   CRITICAL SKILLS RETENTION BONUS WHILE SERVING 
                   ON INDEFINITE REENLISTMENT.

       Paragraph (2) of section 323(a) of title 37, United States 
     Code, is amended to read as follows:
       ``(2) in the case of an enlisted member--
       ``(A) the member, if serving under an enlistment for a 
     definite period--
       ``(i) reenlists for a period of at least one year; or
       ``(ii) voluntarily extends the member's enlistment for a 
     period of at least one year; or
       ``(B) the member, if serving under an enlistment for an 
     indefinite period, enters into a written agreement with the 
     Secretary concerned to remain on active duty for at least one 
     year under such enlistment.''.

     SEC. 619. CLARIFICATION OF EDUCATIONAL PURSUITS QUALIFYING 
                   FOR SELECTED RESERVE EDUCATION LOAN REPAYMENT 
                   PROGRAM FOR HEALTH PROFESSIONS OFFICERS.

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

     SEC. 620. BONUS FOR CERTAIN INITIAL SERVICE OF COMMISSIONED 
                   OFFICERS IN THE SELECTED RESERVE.

       (a) Authority.--Chapter 5 of title 37, United States Code, 
     is amended by inserting after section 308i the following new 
     section:

     ``Sec. 308j. Special pay: bonus for certain initial service 
       of commissioned officers in the Selected Reserve

       ``(a) Affiliation Bonus.--(1) The Secretary concerned may 
     pay an affiliation bonus under this section to an eligible 
     commissioned officer in any of the armed forces who enters 
     into an agreement with the Secretary to serve, for the period 
     specified in the agreement, in the Selected Reserve of the 
     Ready Reserve of an armed force under the Secretary's 
     jurisdiction--
       ``(A) in a critical officer skill designated under 
     paragraph (3); or
       ``(B) to meet a manpower shortage in--
       ``(i) a unit of that Selected Reserve; or
       ``(ii) a particular pay grade in that armed force.
       ``(2) A commissioned officer is eligible for an affiliation 
     bonus under this section if the officer--
       ``(A) either--
       ``(i) is serving on active duty for a period of more than 
     30 days; or
       ``(ii) is a member of a reserve component not on active 
     duty and, if the member formerly served on active duty, was 
     released from active duty under honorable conditions;
       ``(B) has not previously served in the Selected Reserve of 
     the Ready Reserve; and
       ``(C) is not entitled to receive retired or retainer pay.
       ``(3)(A) The Secretary concerned shall designate for an 
     armed force under the Secretary's jurisdiction the critical 
     officer skills to which the bonus authority under this 
     subsection is to be applied.
       ``(B) A skill may be designated as a critical officer skill 
     for an armed force under subparagraph (A) if, to meet 
     requirements of that armed force, it is critical for that 
     armed

[[Page S7614]]

     force to have a sufficient number of officers who are 
     qualified in that skill.
       ``(4) An affiliation bonus payable pursuant to an agreement 
     under this section to an eligible officer accrues on the date 
     on which the person is assigned to a unit or position in the 
     Selected Reserve pursuant to such agreement.
       ``(b) Accession Bonus.--(1) The Secretary concerned may pay 
     an accession bonus under this section to an eligible person 
     who enters into an agreement with the Secretary--
       ``(A) to accept an appointment as a commissioned officer in 
     the armed forces; and
       ``(B) to serve in the Selected Reserve of the Ready Reserve 
     in a skill designated under paragraph (2) for a period 
     specified in the agreement.
       ``(2)(A) The Secretary concerned shall designate for an 
     armed force under the Secretary's jurisdiction the officer 
     skills to which the authority under this subsection is to be 
     applied.
       ``(B) A skill may be designated for an armed force under 
     subparagraph (A) if, to mitigate a current or projected 
     significant shortage of personnel in that armed force who are 
     qualified in that skill, it is critical to increase the 
     number of persons accessed into that armed force who are 
     qualified in that skill or are to be trained in that skill.
       ``(3) An accession bonus payable to a person pursuant to an 
     agreement under this section accrues on the date on which 
     that agreement is accepted by the Secretary concerned.
       ``(c) Period of Obligated Service.--An agreement entered 
     into with the Secretary concerned under this section shall 
     require the person entering into that agreement to serve in 
     the Selected Reserve for a specified period. The period 
     specified in the agreement shall be any period not less than 
     three years that the Secretary concerned determines 
     appropriate to meet the needs of the reserve component in 
     which the service is to be performed.
       ``(d) Amount.--The amount of a bonus under this section may 
     be any amount not in excess of $6,000 that the Secretary 
     concerned determines appropriate.
       ``(e) Payment.--Upon acceptance of a written agreement by 
     the Secretary concerned under this section, the total amount 
     of the bonus payable under the agreement becomes fixed. The 
     agreement shall specify whether the bonus is to be paid in 
     one lump sum or in installments.
       ``(f) Relation to Other Accession Bonus Authority.--No 
     person may receive an affiliation bonus or accession bonus 
     under this section and financial assistance under chapter 
     1608, 1609, or 1611 of title 10, or under section 302g of 
     this title, for the same period of service.
       ``(g) Repayment for Failure To Commence or Complete 
     Obligated Service.--(1) A person who, after receiving all or 
     part of the bonus under an agreement entered into by that 
     person under this section, does not accept a commission as an 
     officer or does not commence to participate or does not 
     satisfactorily participate in the Selected Reserve for the 
     total period of service specified in the agreement shall 
     repay to the United States such compensation or benefit, 
     except under conditions prescribed by the Secretary 
     concerned.
       ``(2) The Secretary concerned shall include in each 
     agreement entered into by the Secretary under this section 
     the requirements that apply for any repayment under this 
     subsection, including the method for computing the amount of 
     the repayment and any exceptions.
       ``(3) An obligation to repay the United States imposed 
     under paragraph (1) is for all purposes a debt owed to the 
     United States. A discharge in bankruptcy under title 11 that 
     is entered less than five years after the termination of an 
     agreement entered into under this section does not discharge 
     a person from a debt arising under an agreement entered into 
     under this subsection or a debt arising under paragraph 
     (1).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``308j. Special pay: bonus for certain initial service of commissioned 
              officers in the Selected Reserve.''.

     SEC. 621. RELATIONSHIP BETWEEN ELIGIBILITY TO RECEIVE 
                   SUPPLEMENTAL SUBSISTENCE ALLOWANCE AND 
                   ELIGIBILITY TO RECEIVE IMMINENT DANGER PAY, 
                   FAMILY SEPARATION ALLOWANCE, AND CERTAIN 
                   FEDERAL ASSISTANCE.

       (a) Entitlement Not Affected by Receipt of Imminent Danger 
     Pay and Family Separation Allowance.--Subsection (b)(2) of 
     section 402a of title 37, United States Code, is amended by 
     striking subparagraph (A) and inserting the following:
       ``(A) shall not take into consideration--
       ``(i) the amount of the supplemental subsistence allowance 
     that is payable under this section;
       ``(ii) the amount of special pay (if any) that is payable 
     under section 310 of this section, relating to duty subject 
     to hostile fire or imminent danger; or
       ``(iii) the amount of family separation allowance (if any) 
     that is payable under section 427 of this title; but''.
       (b) Eligibility for Other Federal Assistance.--Section 402a 
     of such title is amended--
       (1) by redesignating subsections (g) and (h) as subsections 
     (h) and (i), respectively; and
       (2) by inserting after subsection (f) the following new 
     subsection (g):
       ``(g) Eligibility for Other Federal Assistance.--(1)(A) A 
     child or spouse of a member of the armed forces receiving the 
     supplemental subsistence allowance under this section who, 
     except for the receipt of such allowance, would otherwise be 
     eligible to receive a benefit described in subparagraph (B) 
     shall be considered to be eligible for that benefit.
       ``(B) The benefits referred to in subparagraph (A) are as 
     follows:
       ``(i) Assistance provided under the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1751 et seq.).
       ``(ii) Assistance provided under the Child Nutrition Act of 
     1966 (42 U.S.C. 1771 et seq.).
       ``(iii) A service under the Head Start Act (42 U.S.C. 9831 
     et seq.).
       ``(iv) Assistance under the Child Care and Development 
     Block Grant Act of 1990 (42 U.S.C. 9858 et seq.).
       ``(2) A household that includes a member of the armed 
     forces receiving the supplemental subsistence allowance under 
     this section and, except for the receipt of such allowance, 
     would otherwise be eligible to receive a benefit under the 
     Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 
     et seq.) shall be considered to be eligible for that 
     benefit.''.
       (c) Requirement for Report.--(1) Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall submit to the committees of Congress named in 
     paragraph (2) a report on the accessibility of social 
     services to members of the Armed Forces and their families. 
     The report shall include the following matters:
       (A) The social services for which members of the Armed 
     Forces and their families are eligible under social services 
     programs generally available to citizens and other nationals 
     of the United States.
       (B) The extent to which members of the Armed Forces and 
     their families utilize the social services for which they are 
     eligible under the programs identified under subparagraph 
     (A).
       (C) The efforts made by each of the military departments--
       (i) to ensure that members of the Armed Forces and their 
     families are aware of the social services for which they are 
     eligible under the programs identified under subparagraph 
     (A); and
       (ii) to assist members and their families in applying for 
     and obtaining such social services.
       (2) The committees of Congress referred to in paragraph (1) 
     are as follows:
       (A) The Committee on Armed Services and the Committee on 
     Health, Education, Labor, and Pensions of the Senate.
       (B) The Committee on Armed Services of the House of 
     Representatives.
       (d) Effective Date.--(1) Except as provided in paragraph 
     (2), this section and the amendments made by this section 
     shall take effect on October 1, 2004.
       (2) Subsection (c) shall take effect on the date of the 
     enactment of this Act.

            Subtitle C--Travel and Transportation Allowances

     SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY 
                   MEMBERS TO ATTEND BURIAL CEREMONIES OF MEMBERS 
                   WHO DIE ON DUTY.

       (a) Authorized Travel Destination.--Subsection (a)(1) of 
     section 411f of title 37, United States Code, is amended by 
     inserting before the period at the end the following: ``at 
     the location determined under subsection (a)(8) or (d)(2) of 
     section 1482 of title 10''.
       (b) Limitation on Amount.--Subsection (b) of such section 
     is amended to read as follows:
       ``(b) Limitation on Amount.--Allowances for travel under 
     subsection (a) may not exceed the rates for two days and the 
     time necessary for such travel.''.
       (c) Unconditional Eligibility of Deceased's Parents.--
     Subsection (c)(1)(C) of such section is amended by striking 
     ``If no person described in subparagraph (A) or (B) is 
     provided travel and transportation allowances under 
     subsection (a)(1), the'' and inserting ``The''.

     SEC. 632. LODGING COSTS INCURRED IN CONNECTION WITH DEPENDENT 
                   STUDENT TRAVEL.

       (a) Authority.--Section 430(b)(1) of title 37, United 
     States Code, is amended--
       (1) by inserting ``(A)'' after ``(b) Allowance 
     Authorized.--(1)''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) The allowance authorized under subparagraph (A) for 
     an eligible dependent's travel may include reimbursement for 
     costs that are incurred by or for the dependent for lodging 
     of the dependent that is necessitated by an interruption in 
     the travel caused by extraordinary circumstances prescribed 
     in the regulations under subsection (a). The amount of a 
     reimbursement payable under this subparagraph shall be a rate 
     that is applicable to the circumstances under regulations 
     prescribed by the Secretaries concerned.''.
       (b) Effective Date and Applicability.--The amendments made 
     by subsection (a) shall take effect on October 1, 2004, and 
     shall apply with respect to lodging that commences on or 
     after such date.

             Subtitle D--Retired Pay and Survivor Benefits

     SEC. 641. SPECIAL RULE FOR COMPUTING THE HIGH-36 MONTH 
                   AVERAGE FOR DISABLED MEMBERS OF RESERVE 
                   COMPONENTS.

       (a) Computation of High 36-Month Average.--Subsection (c) 
     of section 1407 of title

[[Page S7615]]

     10, United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(3) Special rule for reserve component members.--In the 
     application of paragraphs (1) and (2) to a member of a 
     reserve component of a uniformed service who is entitled to 
     retired pay under section 1201 or 1202 of this title, each 
     month during which the member performed duty for which basic 
     pay is paid under section 203 of title 37 or compensation is 
     paid under section 206 of such title shall be treated as if 
     it were one month of active service.''.
       (b) Effective Dates and Applicability.--(1) Paragraph (3) 
     of section 1407(c) of title 10, United States Code (as added 
     by subsection (a)), shall take effect on October 1, 2004, and 
     shall apply with respect to months beginning on or after such 
     date, except as provided in paragraph (2).
       (2) For the computation of survivor annuities under 
     subparagraph (A)(i) or (B) of section 1451(c)(1) of title 10, 
     United States Code (as amended by section 642(b) of Public 
     Law 107-107; 115 Stat. 1152)), paragraph (3) of section 
     1407(c) of title 10, United States Code (as added by 
     subsection (a)), shall take effect as of September 10, 2001, 
     and shall apply with respect to deaths of members of the 
     uniformed services occurring on or after that date.

     SEC. 642. DEATH BENEFITS ENHANCEMENT.

       (a) Final Actions on Fiscal Year 2004 Death Benefits 
     Study.--(1) Congress finds that the study of the Federal 
     death benefits for survivors of deceased members of the Armed 
     Forces under section 647 of the National Defense 
     Authorization Act for Fiscal Year 2004 (Public Law 108-136; 
     117 Stat. 1520) has given Congress sufficient insight to 
     initiate action to provide for the enhancement of the current 
     set of death benefits that are provided under law for the 
     survivors.
       (2) The Secretary of Defense shall expedite the completion 
     and submission of the final report, which was due on March 1, 
     2004, under section 647 of the National Defense Authorization 
     Act for Fiscal Year 2004.
       (3) It is the sense of Congress that the President should 
     promptly submit to Congress any recommendation for 
     legislation, together with a request for appropriations, that 
     the President determines necessary to implement the death 
     benefits enhancements that are recommended in the final 
     report under section 647 of the National Defense 
     Authorization Act for Fiscal Year 2004.
       (b) Increases of Death Gratuity Consistent With Increases 
     of Rates of Basic Pay.--Section 1478 of title 10, United 
     States Code, is amended--
       (1) in subsection (a), by inserting ``(as adjusted under 
     subsection (c)'' before the period at the end of the first 
     sentence; and
       (2) by adding at the end the following new subsection:
       ``(c) Effective on the date on which rates of basic pay 
     under section 204 of this title are increased under section 
     1009 of title 37 or any other provision of law, the amount of 
     the death gratuity provided under subsection (a) shall be 
     increased by the same overall average percentage of the 
     increase in the rates of basic pay taking effect on that 
     date.''.
       (c) Fiscal Year 2005 Actions.--At the same time that the 
     President submits to Congress the budget for fiscal year 2006 
     under section 1105(a) of title 31, United States Code, the 
     President shall submit to the appropriate committees of 
     Congress referred to in subsection (g) a draft or drafts of 
     legislation to provide enhanced death benefits for survivors 
     of deceased members of the uniformed services. The draft 
     legislation shall include provisions for the following:
       (1) Revision of the Servicemembers' Group Life Insurance 
     program to provide for--
       (A) an increase of the maximum benefit provided under 
     Servicemembers' Group Life Insurance to $350,000, together 
     with an increase, each fiscal year, by the same overall 
     average percentage increase that takes effect during such 
     fiscal year in the rates of basic pay under section 204 of 
     title 37, United States Code; and
       (B) a minimum benefit of $100,000 at no cost to the insured 
     members of the uniformed services who elect the maximum 
     coverage, together with an increase in such minimum benefit 
     each fiscal year by the same percentage increase as is 
     described in subparagraph (A).
       (2) An additional set of death benefits for each member of 
     the uniformed services who dies in the line of duty while on 
     active duty that includes, at a minimum, an additional death 
     gratuity in the amount that--
       (A) in the case of a member not described in subparagraph 
     (B), is equal to the sum of--
       (i) the total amount of the basic pay to which the deceased 
     member would have been entitled under section 204 of title 
     37, United States Code, if the member had not died and had 
     continued to serve on active duty for an additional year; and
       (ii) the total amount of all allowances and special pays 
     that the member would have been entitled to receive under 
     title 37, United States Code, over the one-year period 
     beginning on the member's date of death if the member had not 
     died and had continued to serve on active duty for an 
     additional year with the unit to which the member was 
     assigned or detailed on such date; and
       (B) in the case of a member who dies as a result of an 
     injury caused by or incurred while exposed to hostile action 
     (including any hostile fire or explosion and any hostile 
     action from a terrorist source), is equal to twice the amount 
     calculated under subparagraph (A).
       (3) Any other new death benefits or enhancement of existing 
     death benefits that the President recommends.
       (4) Retroactive applicability of the benefits referred to 
     in paragraph (2) and, as appropriate, the benefits 
     recommended under paragraph (3) so as to provide the 
     benefits--
       (A) for members of the uniformed services who die in line 
     of duty on or after October 7, 2001, of a cause incurred or 
     aggravated while deployed in support of Operation Enduring 
     Freedom; and
       (B) for members of the uniformed services who die in line 
     of duty on or after March 19, 2003, of a cause incurred or 
     aggravated while deployed in support of Operation Iraqi 
     Freedom.
       (d) Consultation.--The President shall consult with the 
     Secretary of Defense and the Secretary of Veterans Affairs in 
     developing the draft legislation required under subsection 
     (c).
       (e) Fiscal Year 2006 Budget Submission.--The budget for 
     fiscal year 2006 that is submitted to Congress under section 
     1105(a) of title 31, United States Code, shall include draft 
     legislation (other than draft appropriations) that includes 
     provisions that, on the basis of the assumption that the 
     draft legislation submitted under subsection (c) would be 
     enacted and would take effect in fiscal year 2006--
       (1) would offset fully the increased outlays that would 
     result from enactment of the provisions of the draft 
     legislation submitted under subsection (c), for fiscal year 
     2006 and each of the ensuing nine fiscal years;
       (2) expressly state that they are proposed for the purpose 
     of the offset described in paragraph (1); and
       (3) are included in full in the estimates that are made by 
     the Director of the Congressional Budget Office and the 
     Director of the Office of Management and Budget under section 
     252(d) of the Balanced Budget and Emergency Deficit Control 
     Act of 1985 (2 U.S.C. 902(d)) with respect to the fiscal 
     years referred to in paragraph (1).
       (f) Early Submission of Proposal for Additional Death 
     Benefits.--Congress urges the President to submit the draft 
     of legislation for the additional set of death benefits under 
     paragraph (2) of subsection (c) before the time for 
     submission required under that subsection and as soon as is 
     practicable after the date of the enactment of this Act.
       (g) Appropriate Committees of Congress.--For the purposes 
     of subsection (c), the appropriate committees of Congress are 
     as follows:
       (1) The Committees on Armed Services of the Senate and the 
     House of Representatives, with respect to draft legislation 
     that is within the jurisdiction of such committees.
       (2) The Committees on Veterans Affairs of the Senate and 
     the House of Representatives, with respect to draft 
     legislation within the jurisdiction of such committees.

     SEC. 643. REPEAL OF PHASE-IN OF CONCURRENT RECEIPT OF RETIRED 
                   PAY AND VETERANS' DISABILITY COMPENSATION FOR 
                   VETERANS WITH SERVICE-CONNECTED DISABILITIES 
                   RATED AS 100 PERCENT.

       Section 1414 of title 10, United States Code, is amended--
       (1) in subsection (a)(1)--
       (A) by inserting after the first sentence the following new 
     sentence: ``During the period beginning on January 1, 2004, 
     and ending on December 31, 2004, payment of retired pay to 
     such a qualified retiree described in subsection (c)(1)(B) is 
     subject to subsection (c).''; and
       (B) in the last sentence, by inserting ``(other than a 
     qualified retiree covered by the preceding sentence)'' after 
     ``such a qualified retiree''; and
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by inserting ``(other than a 
     retiree described by subparagraph (B))'' after ``the 
     retiree'';
       (ii) by redesignating subparagraphs (B) through (F) as 
     subparagraphs (C) through (G), respectively; and
       (iii) by inserting after subparagraph (A) the following new 
     subparagraph (B):
       ``(B) For a month for which the retiree receives veterans' 
     disability compensation for a disability rated as 100 
     percent, $750.'';
       (B) by redesignating paragraph (11) as paragraph (12); and
       (C) by inserting after paragraph (10) the following new 
     paragraph (11):
       ``(11) Inapplicability to veterans with disabilities rated 
     as 100 percent after calendar year 2004.--This subsection 
     shall not apply to a qualified retiree described by paragraph 
     (1)(B) after calendar year 2004.''.

     SEC. 644. FULL SBP SURVIVOR BENEFITS FOR SURVIVING SPOUSES 
                   OVER AGE 62.

       (a) Phased Increase in Basic Annuity.--
       (1) Increase to 55 percent.--Subsection (a)(1)(B)(i) of 
     section 1451 of title 10, United States Code, is amended by 
     striking ``35 percent of the base amount.'' and inserting 
     ``the product of the base amount and the percent applicable 
     for the month. The percent applicable for a month is 35 
     percent for months beginning before October 2005, 40 percent 
     for months beginning after September 2005 and before October 
     2008, 45 percent for months beginning after September 2008, 
     and 55 percent for months beginning after September 2014.''.
       (2) Reserve-component annuity.--Subsection (a)(2)(B)(i)(I) 
     of such section is amended by striking ``35 percent'' and 
     inserting ``the percent specified under paragraph (1)(B)(i) 
     as being applicable for the month''.

[[Page S7616]]

       (3) Special-eligibility annuity.--Subsection (c)(1)(B)(i) 
     of such section is amended--
       (A) by striking ``35 percent'' and inserting ``the 
     applicable percent''; and
       (B) by adding at the end the following: ``The percent 
     applicable for a month under the preceding sentence is the 
     percent specified under subsection (a)(1)(B)(i) as being 
     applicable for the month.''.
       (4) Conforming amendment.--The heading for subsection 
     (d)(2)(A) of such section is amended to read as follows: 
     ``Computation   of   Annuity.--''.
       (b) Phased Elimination of Supplemental Annuity.--
       (1) Decreasing percentages.--Section 1457(b) of title 10, 
     United States Code, is amended--
       (A) by striking ``5, 10, 15, or 20 percent'' and inserting 
     ``the applicable percent''; and
       (B) by inserting after the first sentence the following: 
     ``The percent used for the computation shall be an even 
     multiple of 5 percent and, whatever the percent specified in 
     the election, may not exceed 20 percent for months beginning 
     before October 2005, 15 percent for months beginning after 
     September 2005 and before October 2008, and 10 percent for 
     months beginning after September 2008.''.
       (2) Repeal of program in 2014.--Effective on October 1, 
     2014, chapter 73 of such title is amended--
       (A) by striking subchapter III; and
       (B) by striking the item relating to subchapter III in the 
     table of subchapters at the beginning of that chapter.
       (c) Recomputation of Annuities.--
       (1) Requirement for recomputation.--Effective on the first 
     day of each month referred to in paragraph (2)--
       (A) each annuity under section 1450 of title 10, United 
     States Code, that commenced before that month, is computed 
     under a provision of section 1451 of that title amended by 
     subsection (a), and is payable for that month shall be 
     recomputed so as to be equal to the amount that would be in 
     effect if the percent applicable for that month under that 
     provision, as so amended, had been used for the initial 
     computation of the annuity; and
       (B) each supplemental survivor annuity under section 1457 
     of such title that commenced before that month and is payable 
     for that month shall be recomputed so as to be equal to the 
     amount that would be in effect if the percent applicable for 
     that month under that section, as amended by this section, 
     had been used for the initial computation of the supplemental 
     survivor annuity.
       (2) Times for recomputation.--The requirements for 
     recomputation of annuities under paragraph (1) apply with 
     respect to the following months:
       (A) October 2005.
       (B) October 2008.
       (C) October 2014.
       (d) Recomputation of Retired Pay Reductions for 
     Supplemental Survivor Annuities.--The Secretary of Defense 
     shall take such actions as are necessitated by the amendments 
     made by subsection (b) and the requirements of subsection 
     (c)(1)(B) to ensure that the reductions in retired pay under 
     section 1460 of title 10, United States Code, are adjusted to 
     achieve the objectives set forth in subsection (b) of that 
     section.

     SEC. 645. OPEN ENROLLMENT PERIOD FOR SURVIVOR BENEFIT PLAN 
                   COMMENCING OCTOBER 1, 2005.

       (a) Persons Not Currently Participating in Survivor Benefit 
     Plan.--
       (1) Election of sbp coverage.--An eligible retired or 
     former member may elect to participate in the Survivor 
     Benefit Plan under subchapter II of chapter 73 of title 10, 
     United States Code, during the open enrollment period 
     specified in subsection (f).
       (2) Election of supplemental annuity coverage.--An eligible 
     retired or former member who elects under paragraph (1) to 
     participate in the Survivor Benefit Plan at the maximum level 
     may also elect during the open enrollment period to 
     participate in the Supplemental Survivor Benefit Plan 
     established under subchapter III of chapter 73 of title 10, 
     United States Code.
       (3) Eligible retired or former member.--For purposes of 
     paragraphs (1) and (2), an eligible retired or former member 
     is a member or former member of the uniformed services who on 
     the day before the first day of the open enrollment period is 
     not a participant in the Survivor Benefit Plan and--
       (A) is entitled to retired pay; or
       (B) would be entitled to retired pay under chapter 1223 of 
     title 10, United States Code, but for the fact that such 
     member or former member is under 60 years of age.
       (4) Status under sbp of persons making elections.--
       (A) Standard annuity.--A person making an election under 
     paragraph (1) by reason of eligibility under paragraph (3)(A) 
     shall be treated for all purposes as providing a standard 
     annuity under the Survivor Benefit Plan.
       (B) Reserve-component annuity.--A person making an election 
     under paragraph (1) by reason of eligibility under paragraph 
     (3)(B) shall be treated for all purposes as providing a 
     reserve-component annuity under the Survivor Benefit Plan.
       (b) Election To Increase Coverage Under SBP.--A person who 
     on the day before the first day of the open enrollment period 
     is a participant in the Survivor Benefit Plan but is not 
     participating at the maximum base amount or is providing 
     coverage under the Plan for a dependent child and not for the 
     person's spouse or former spouse may, during the open 
     enrollment period, elect to--
       (1) participate in the Plan at a higher base amount (not in 
     excess of the participant's retired pay); or
       (2) provide annuity coverage under the Plan for the 
     person's spouse or former spouse at a base amount not less 
     than the base amount provided for the dependent child.
       (c) Election for Current SBP Participants To Participate in 
     Supplemental SBP.--
       (1) Election.--A person who is eligible to make an election 
     under this paragraph may elect during the open enrollment 
     period to participate in the Supplemental Survivor Benefit 
     Plan established under subchapter III of chapter 73 of title 
     10, United States Code.
       (2) Persons eligible.--Except as provided in paragraph (3), 
     a person is eligible to make an election under paragraph (1) 
     if on the day before the first day of the open enrollment 
     period the person is a participant in the Survivor Benefit 
     Plan at the maximum level, or during the open enrollment 
     period the person increases the level of such participation 
     to the maximum level under subsection (b) of this section, 
     and under that Plan is providing annuity coverage for the 
     person's spouse or a former spouse.
       (3) Limitation on eligibility for certain sbp participants 
     not affected by two-tier annuity computation.--A person is 
     not eligible to make an election under paragraph (1) if (as 
     determined by the Secretary concerned) the annuity of a 
     spouse or former spouse beneficiary of that person under the 
     Survivor Benefit Plan is to be computed under section 1451(e) 
     of title 10, United States Code. However, such a person may 
     during the open enrollment period waive the right to have 
     that annuity computed under such section 1451(e). Any such 
     election is irrevocable. A person making such a waiver may 
     make an election under paragraph (1) as in the case of any 
     other participant in the Survivor Benefit Plan.
       (d) Manner of Making Elections.--An election under this 
     section shall be made in writing, signed by the person making 
     the election, and received by the Secretary concerned before 
     the end of the open enrollment period. Any such election 
     shall be made subject to the same conditions, and with the 
     same opportunities for designation of beneficiaries and 
     specification of base amount, that apply under the Survivor 
     Benefit Plan or the Supplemental Survivor Benefit Plan, as 
     the case may be. A person making an election under subsection 
     (a) to provide a reserve-component annuity shall make a 
     designation described in section 1448(e) of title 10, United 
     States Code.
       (e) Effective Date for Elections.--Any such election shall 
     be effective as of the first day of the first calendar month 
     following the month in which the election is received by the 
     Secretary concerned.
       (f) Open Enrollment Period.--The open enrollment period 
     under this section shall be the one-year period beginning on 
     October 1, 2005.
       (g) Effect of Death of Person Making Election Within Two 
     Years of Making Election.--If a person making an election 
     under this section dies before the end of the two-year period 
     beginning on the effective date of the election, the election 
     is void and the amount of any reduction in retired pay of the 
     person that is attributable to the election shall be paid in 
     a lump sum to the person who would have been the deceased 
     person's beneficiary under the voided election if the 
     deceased person had died after the end of such two-year 
     period.
       (h) Applicability of Certain Provisions of Law.--The 
     provisions of sections 1449, 1453, and 1454 of title 10, 
     United States Code, are applicable to a person making an 
     election, and to an election, under this section in the same 
     manner as if the election were made under the Survivor 
     Benefit Plan or the Supplemental Survivor Benefit Plan, as 
     the case may be.
       (i) Additional Premium.--The Secretary of Defense shall 
     prescribe in regulations premiums which a person electing 
     under this section shall be required to pay for participating 
     in the Survivor Benefit Plan pursuant to the election. The 
     total amount of the premiums to be paid by a person under the 
     regulations shall be equal to the sum of--
       (i) the total amount by which the retired pay of the person 
     would have been reduced before the effective date of the 
     election if the person had elected to participate in the 
     Survivor Benefit Plan (for the same base amount specified in 
     the election) at the first opportunity that was afforded the 
     member to participate under chapter 73 of title 10, United 
     States Code;
       (ii) interest on the amounts by which the retired pay of 
     the person would have been so reduced, computed from the 
     dates on which the retired pay would have been so reduced at 
     such rate or rates and according to such methodology as the 
     Secretary of Defense determines reasonable; and
       (iii) any additional amount that the Secretary determines 
     necessary to protect the actuarial soundness of the 
     Department of Defense Military Retirement Fund against any 
     increased risk for the fund that is associated with the 
     election.
       (A) Premiums paid under the regulations shall be credited 
     to the Department of Defense Military Retirement Fund.
       (B) In this paragraph, the term ``Department of Defense 
     Military Retirement Fund'' means the Department of Defense 
     Military Retirement Fund established under section 1461(a) of 
     title 10, United States Code.

[[Page S7617]]

                       Subtitle E--Other Matters

     SEC. 651. INCREASED MAXIMUM PERIOD FOR LEAVE OF ABSENCE FOR 
                   PURSUIT OF A PROGRAM OF EDUCATION IN A HEALTH 
                   CARE PROFESSION.

       Section 708(a) of title 10, United States Code, is 
     amended--
       (1) by striking ``for a period not to exceed two years''; 
     and
       (2) by adding at the end the following: ``The period of a 
     leave of absence granted under this section may not exceed 
     two years, except that the period may exceed two years but 
     may not exceed three years in the case of an eligible member 
     pursuing a program of education in a health care 
     profession.''.

     SEC. 652. ELIGIBILITY OF MEMBERS FOR REIMBURSEMENT OF 
                   EXPENSES INCURRED FOR ADOPTION PLACEMENTS MADE 
                   BY FOREIGN GOVERNMENTS.

       Section 1052(g)(3) of title 10, United States Code, is 
     amended by adding at the end the following new subparagraph:
       ``(D) A foreign government or an agency authorized by a 
     foreign government to place children for adoption, in any 
     case in which--
       ``(i) the adopted child is entitled to automatic 
     citizenship under section 320 of the Immigration and 
     Nationality Act (8 U.S.C. 1431); or
       ``(ii) a certificate of citizenship has been issued for 
     such child under section 322 of that Act (8 U.S.C. 1433).''.

     SEC. 653. ACCEPTANCE OF FREQUENT TRAVELER MILES, CREDITS, AND 
                   TICKETS TO FACILITATE THE AIR OR SURFACE TRAVEL 
                   OF CERTAIN MEMBERS OF THE ARMED FORCES AND 
                   THEIR FAMILIES.

       Section 2608 of title 10, United States Code, is amended--
       (1) by redesignating subsections (g) through (k) as 
     subsections (h) through (l), respectively; and
       (2) by inserting after subsection (f) the following new 
     subsection:
       ``(g) Operation Hero Miles.--(1) The Secretary of Defense 
     may use the authority of subsection (a) to accept the 
     donation of frequent traveler miles, credits, and tickets for 
     air or surface transportation issued by any air carrier or 
     surface carrier that serves the public and that consents to 
     such donation, and under such terms and conditions as the air 
     or surface carrier may specify. The Secretary shall designate 
     a single office in the Department of Defense to carry out 
     this subsection, including the establishment of such rules 
     and procedures as may be necessary to facilitate the 
     acceptance of such frequent traveler miles, credits, and 
     tickets.
       ``(2) Frequent traveler miles, credits, and tickets 
     accepted under this subsection shall be used only in 
     accordance with the rules established by the air carrier or 
     surface carrier that is the source of the miles, credits, or 
     tickets and shall be used only for the following purposes:
       ``(A) To facilitate the travel of a member of the armed 
     forces who--
       ``(i) is deployed on active duty outside the United States 
     away from the permanent duty station of the member in support 
     of a contingency operation; and
       ``(ii) is granted, during such deployment, rest and 
     recuperative leave, emergency leave, convalescent leave, or 
     another form of leave authorized for the member.
       ``(B) In the case of a member of the armed forces 
     recuperating from an injury or illness incurred or aggravated 
     in the line of duty during such deployment, to facilitate the 
     travel of family members of the member to be reunited with 
     the member.
       ``(3) For the use of miles, credits, or tickets under 
     paragraph (2)(B) by family members of a member of the armed 
     forces, the Secretary may, as the Secretary determines 
     appropriate, limit--
       ``(A) eligibility to family members who, by reason of 
     affinity, degree of consanguinity, or otherwise, are 
     sufficiently close in relationship to the member of the armed 
     forces to justify the travel assistance;
       ``(B) the number of family members who may travel; and
       ``(C) the number of trips that family members may take.
       ``(4) Notwithstanding paragraph (2), the Secretary of 
     Defense may, in an exceptional case, authorize a person not 
     described in subparagraph (B) of that paragraph to use 
     frequent traveler miles, credits, or a ticket accepted under 
     this subsection to visit a member of the armed forces 
     described in such subparagraph if that person has a notably 
     close relationship with the member. The frequent traveler 
     miles, credits, or ticket may be used by such person only in 
     accordance with such conditions and restrictions as the 
     Secretary determines appropriate and the rules established by 
     the air carrier or surface carrier that is the source of the 
     miles, credits, or ticket.
       ``(5) The Secretary of Defense shall encourage air carriers 
     and surface carriers to participate in, and to facilitate 
     through minimization of restrictions and otherwise, the 
     donation, acceptance, and use of frequent traveler miles, 
     credits, and tickets under this section.
       ``(6) The Secretary of Defense may enter into an agreement 
     with a nonprofit organization to use the services of the 
     organization--
       ``(A) to promote the donation of frequent traveler miles, 
     credits, and tickets under paragraph (1), except that amounts 
     appropriated to the Department of Defense may not be expended 
     for this purpose; and
       ``(B) to assist in administering the collection, 
     distribution, and use of donated frequent traveler miles, 
     credits, and tickets.
       ``(7) Members of the armed forces, family members, and 
     other persons who receive air or surface transportation using 
     frequent traveler miles, credits, or tickets donated under 
     this subsection are deemed to recognize no income from such 
     use. Donors of frequent traveler miles, credits, or tickets 
     under this subsection are deemed to obtain no tax benefit 
     from such donation.
       ``(8) In this subsection, the term `family member' has the 
     meaning given that term in section 411h(b)(1) of title 37.''.

     SEC. 654. CHILD CARE FOR CHILDREN OF MEMBERS OF ARMED FORCES 
                   ON ACTIVE DUTY FOR OPERATION ENDURING FREEDOM 
                   OR OPERATION IRAQI FREEDOM.

       (a) Child Care for Children Without Access to Military 
     Child Care.--(1) In any case where the children of a covered 
     member of the Armed Forces are geographically dispersed and 
     do not have practical access to a military child development 
     center, the Secretary of Defense may, to the extent funds are 
     available for such purpose, provide such funds as are 
     necessary permit the member's family to secure access for 
     such children to State licensed child care and development 
     programs and activities in the private sector that are 
     similar in scope and quality to the child care and 
     development programs and activities the Secretary would 
     otherwise provide access to under subchapter II of chapter 88 
     of title 10, United States Code, and other applicable 
     provisions of law.
       (2) Funds may be provided under paragraph (1) in accordance 
     with the provisions of section 1798 of title 10, United 
     States Code, or by such other mechanism as the Secretary 
     considers appropriate.
       (3) The Secretary shall prescribe in regulations priorities 
     for the allocation of funds for the provision of access to 
     child care under paragraph (1) in circumstances where funds 
     are inadequate to provide all children described in that 
     paragraph with access to child care as described in that 
     paragraph.
       (b) Preservation of Services and Programs.--The Secretary 
     shall provide for the attendance and participation of 
     children in military child development centers and child care 
     and development programs and activities under subsection (a) 
     in a manner that preserves the scope and quality of child 
     care and development programs and activities otherwise 
     provided by the Secretary.
       (c) Funding.--Amounts otherwise available to the Department 
     of Defense and the military departments under this Act may be 
     available for purposes of providing access to child care 
     under subsection (a).
       (d) Definitions.--In this section:
       (1) The term ``covered members of the Armed Forces'' means 
     members of the Armed Forces on active duty, including members 
     of the Reserves who are called or ordered to active duty 
     under a provision of law referred to in section 101(a)(13)(B) 
     of title 10, United States Code, for Operation Enduring 
     Freedom or Operation Iraqi Freedom.
       (2) The term ``military child development center'' has the 
     meaning given such term in section 1800(1) of title 10, 
     United States Code.

     SEC. 655. RELIEF FOR MOBILIZED MILITARY RESERVISTS FROM 
                   CERTAIN FEDERAL AGRICULTURAL LOAN OBLIGATIONS.

       The Consolidated Farm and Rural Development Act is amended 
     by inserting after section 331F (7 U.S.C. 1981f) the 
     following:

     ``SEC. 332. RELIEF FOR MOBILIZED MILITARY RESERVISTS FROM 
                   CERTAIN AGRICULTURAL LOAN OBLIGATIONS.

       ``(a) Definition of Mobilized Military Reservist.--In this 
     section, the term `mobilized military reservist' means an 
     individual who--
       ``(1) is on active duty under section 688, 12301(a), 
     12301(g), 12302, 12304, 12306, or 12406, or chapter 15 of 
     title 10, United States Code, or any other provision of law 
     during a war or during a national emergency declared by the 
     President or Congress, regardless of the location at which 
     the active duty service is performed; or
       ``(2) in the case of a member of the National Guard, is on 
     full-time National Guard duty (as defined in section 
     101(d)(5) of title 10, United States Code) under a call to 
     active service authorized by the President or the Secretary 
     of Defense for a period of more than 30 consecutive days 
     under section 502(f) of title 32, United States Code, for 
     purposes of responding to a national emergency declared by 
     the President and supported by Federal funds.
       ``(b) Forgiveness of Interest Payments Due While Borrower 
     Is a Mobilized Military Reservist.--Any requirement that a 
     borrower of a direct loan made under this title make any 
     interest payment on the loan that would otherwise be required 
     to be made while the borrower is a mobilized military 
     reservist is rescinded.
       ``(c) Deferral of Principal Payments Due While or After 
     Borrower Is a Mobilized Military Reservist.--The due date of 
     any payment of principal on a direct loan made to a borrower 
     under this title that would otherwise be required to be made 
     while or after the borrower is a mobilized military reservist 
     is deferred for a period equal in length to the period for 
     which the borrower is a mobilized military reservist.
       ``(d) Nonaccrual of Interest.--Interest on a direct loan 
     made to a borrower described in this section shall not accrue 
     during the period the borrower is a mobilized military 
     reservist.
       ``(e) Borrower Not Considered To Be Delinquent or Receiving 
     Debt Forgiveness.--Notwithstanding section 373 or any other

[[Page S7618]]

     provision of this title, a borrower who receives assistance 
     under this section shall not, as a result of the assistance, 
     be considered to be delinquent or receiving debt forgiveness 
     for purposes of receiving a direct or guaranteed loan under 
     this title.''.

                         TITLE VII--HEALTH CARE

               Subtitle A--Enhanced Benefits for Reserves

     SEC. 701. DEMONSTRATION PROJECT ON HEALTH BENEFITS FOR 
                   RESERVES.

       (a) Demonstration Project Required.--The Secretary of 
     Defense shall carry out a demonstration project under section 
     1092 of title 10, United States Code, to assess the need for, 
     and feasibility of, providing benefits under the TRICARE 
     program to members of the Ready Reserve of the Armed Forces 
     who are (1) eligible unemployment compensation recipients, 
     (2) in a period of continuous unemployment from the end of 
     their last month as eligible unemployment compensation 
     recipients, or (3) ineligible for coverage by employer-
     sponsored health benefits plans for employees.
       (b) Definition.--In this section, the term ``eligible 
     unemployment compensation recipient'' has the meaning given 
     such term in section 1076b(j) of title 10, United States 
     Code.

     SEC. 702. PERMANENT EARLIER ELIGIBILITY DATE FOR TRICARE 
                   BENEFITS FOR MEMBERS OF RESERVE COMPONENTS.

       Section 1074(d) of title 10, United States Code, is amended 
     by striking paragraph (3).

     SEC. 703. WAIVER OF CERTAIN DEDUCTIBLES FOR MEMBERS ON ACTIVE 
                   DUTY FOR A PERIOD OF MORE THAN 30 DAYS.

       Section 1095d(a) of title 10, United States Code, is 
     amended by striking ``a period of less than one year'' both 
     places that it appears and inserting ``a period of more than 
     30 days''.

     SEC. 704. PROTECTION OF DEPENDENTS FROM BALANCE BILLING.

       Section 1079(h)(4) of title 10, United States Code, is 
     amended by adding at the end the following new subparagraph:
       ``(C) In the case of a member of the reserve components 
     serving on active duty for a period of more than 30 days in 
     support of a contingency operation under a provision of law 
     referred to in section 101(a)(13)(B) of this title, the 
     Secretary may pay the amount applicable under subparagraph 
     (B) to a dependent of such member who is referred to in 
     subparagraph (A).''.

     SEC. 705. PERMANENT EXTENSION OF TRANSITIONAL HEALTH CARE 
                   BENEFITS AND ADDITION OF REQUIREMENT FOR 
                   PRESEPARATION PHYSICAL EXAMINATION.

       (a) Permanent Requirement.--(1) Paragraph (3) of section 
     1145(a) of title 10, United States Code, is amended to read 
     as follows:
       ``(3) Transitional health care for a member under 
     subsection (a) shall be available for 180 days beginning on 
     the date on which the member is separated from active 
     duty.''.
       (2) The following provisions of law are repealed:
       (A) Section 704 of the National Defense Authorization Act 
     for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1527; 10 
     U.S.C. 1145 note).
       (B) Section 1117 of the Emergency Supplemental 
     Appropriations Act for Defense and for the Reconstruction of 
     Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 
     1218; 10 U.S.C. 1145 note).
       (b) Requirement for Physical Examination.--Such section 
     1145(a), as amended by subsection (a), is further amended by 
     adding at the end the following new paragraph:
       ``(4) The Secretary concerned shall require each member 
     referred to in paragraph (1) to undergo a comprehensive 
     physical examination immediately before the member is 
     separated from active duty as described in paragraph (2).''.

     SEC. 706. EXPANDED ELIGIBILITY OF READY RESERVE MEMBERS UNDER 
                   TRICARE PROGRAM.

       (a) Unconditional Eligibility.--Subsection (a) of section 
     1076b of title 10, United States Code, is amended by striking 
     ``is eligible, subject to subsection (h), to enroll in 
     TRICARE'' and all that follows through ``an employer-
     sponsored health benefits plan'' and inserting ``, except for 
     a member who is enrolled or is eligible to enroll in a health 
     benefits plan under chapter 89 of title 5, is eligible to 
     enroll in TRICARE, subject to subsection (h)''.
       (b) Permanent Authority.--Subsection (l) of such section is 
     repealed.
       (c) Conforming Repeal of Obsolete Provisions.--Such section 
     is further amended--
       (1) by striking subsections (i) and (j); and
       (2) by redesignating subsection (k) as subsection (i).

     SEC. 707. CONTINUATION OF NON-TRICARE HEALTH BENEFITS PLAN 
                   COVERAGE FOR CERTAIN RESERVES CALLED OR ORDERED 
                   TO ACTIVE DUTY AND THEIR DEPENDENTS.

       (a) Required Continuation.--(1) Chapter 55 of title 10, 
     United States Code, is amended by inserting after section 
     1078a the following new section:

     ``Sec. 1078b. Continuation of non-TRICARE health benefits 
       plan coverage for dependents of certain Reserves called or 
       ordered to active duty

       ``(a) Payment of Premiums.--The Secretary concerned shall 
     pay the applicable premium to continue in force any qualified 
     health benefits plan coverage for the members of the family 
     of an eligible reserve component member for the benefits 
     coverage continuation period if timely elected by the member 
     in accordance with regulations prescribed under subsection 
     (j).
       ``(b) Eligible Member; Family Members.--(1) A member of a 
     reserve component is eligible for payment of the applicable 
     premium for continuation of qualified health benefits plan 
     coverage under subsection (a) while serving on active duty 
     pursuant to a call or order issued under a provision of law 
     referred to in section 101(a)(13)(B) of this title during a 
     war or national emergency declared by the President or 
     Congress.
       ``(2) For the purposes of this section, the members of the 
     family of an eligible reserve component member include only 
     the member's dependents described in subparagraphs (A), (D), 
     and (I) of section 1072(2) of this title.
       ``(c) Qualified Health Benefits Plan Coverage.--For the 
     purposes of this section, health benefits plan coverage for 
     the members of the family of a reserve component member 
     called or ordered to active duty is qualified health benefits 
     plan coverage if--
       ``(1) the coverage was in force on the date on which the 
     Secretary notified the reserve component member that issuance 
     of the call or order was pending or, if no such notification 
     was provided, the date of the call or order;
       ``(2) on such date, the coverage applied to the reserve 
     component member and members of the family of the reserve 
     component member; and
       ``(3) the coverage has not lapsed.
       ``(d) Applicable Premium.--The applicable premium payable 
     under this section for continuation of health benefits plan 
     coverage for the family members of a reserve component member 
     is the amount of the premium payable by the member for the 
     coverage of the family members.
       ``(e) Maximum Amount.--The total amount that the Department 
     of Defense may pay for the applicable premium of a health 
     benefits plan for the family members of a reserve component 
     member under this section in a fiscal year may not exceed the 
     amount determined by multiplying--
       ``(1) the sum of one plus the number of the family members 
     covered by the health benefits plan, by
       ``(2) the per capita cost of providing TRICARE coverage and 
     benefits for dependents under this chapter for such fiscal 
     year, as determined by the Secretary of Defense.
       ``(f) Benefits Coverage Continuation Period.--The benefits 
     coverage continuation period under this section for qualified 
     health benefits plan coverage for the family members of an 
     eligible reserve component member called or ordered to active 
     duty is the period that--
       ``(1) begins on the date of the call or order; and
       ``(2) ends on the earlier of--
       ``(A) the date on which the reserve component member's 
     eligibility for transitional health care under section 
     1145(a) of this title terminates under paragraph (3) of such 
     section; or
       ``(B) the date on which the reserve component member elects 
     to terminate the continued qualified health benefits plan 
     coverage of the member's family members.
       ``(g) Extension of Period of COBRA Coverage.--
     Notwithstanding any other provision of law--
       ``(1) any period of coverage under a COBRA continuation 
     provision (as defined in section 9832(d)(1) of the Internal 
     Revenue Code of 1986) for an eligible reserve component 
     member under this section shall be deemed to be equal to the 
     benefits coverage continuation period for such member under 
     this section; and
       ``(2) with respect to the election of any period of 
     coverage under a COBRA continuation provision (as so 
     defined), rules similar to the rules under section 
     4980B(f)(5)(C) of such Code shall apply.
       ``(h) Nonduplication of Benefits.--A member of the family 
     of a reserve component member who is eligible for benefits 
     under qualified health benefits plan coverage paid on behalf 
     of the reserve component member by the Secretary concerned 
     under this section is not eligible for benefits under the 
     TRICARE program during a period of the coverage for which so 
     paid.
       ``(i) Revocability of Election.--A reserve component member 
     who makes an election under subsection (a) may revoke the 
     election. Upon such a revocation, the member's family members 
     shall become eligible for benefits under the TRICARE program 
     as provided for under this chapter.
       ``(j) Regulations.--The Secretary of Defense shall 
     prescribe regulations for carrying out this section. The 
     regulations shall include such requirements for making an 
     election of payment of applicable premiums as the Secretary 
     considers appropriate.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     1078a the following new item:

``1078b. Continuation of non-TRICARE health benefits plan coverage for 
              dependents of certain Reserves called or ordered to 
              active duty.''.

       (b) Applicability.--Section 1078b of title 10, United 
     States Code (as added by subsection (a)), shall apply with 
     respect to calls or orders of members of reserve components 
     of the Armed Forces to active duty as described in subsection 
     (b) of such section, that are issued by the Secretary of a 
     military department before, on, or after the date of the 
     enactment of this Act, but only with respect

[[Page S7619]]

     to qualified health benefits plan coverage (as described in 
     subsection (c) of such section) that is in effect on or after 
     the date of the enactment of this Act.

                       Subtitle B--Other Matters

     SEC. 711. REPEAL OF REQUIREMENT FOR PAYMENT OF SUBSISTENCE 
                   CHARGES WHILE HOSPITALIZED.

       (a) Repeal.--Section 1075 of title 10, United States Code, 
     is repealed.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 55 of such title is amended by striking 
     the item relating to section 1075.

     SEC. 712. OPPORTUNITY FOR YOUNG CHILD DEPENDENT OF DECEASED 
                   MEMBER TO BECOME ELIGIBLE FOR ENROLLMENT IN A 
                   TRICARE DENTAL PLAN.

       Section 1076a(k)(2) of title 10, United States Code, is 
     amended--
       (1) by striking ``under subsection (a) or'' and inserting 
     ``under subsection (a),''; and
       (2) by inserting after ``under subsection (f),'' the 
     following: ``or is not enrolled because the dependent is a 
     child under the minimum age for enrollment,''.

     SEC. 713. PEDIATRIC DENTAL PRACTICE NECESSARY FOR 
                   PROFESSIONAL ACCREDITATION.

       Section 1077(c) of title 10, United States Code, is 
     amended--
       (1) by striking ``A dependent'' and inserting ``(1) Except 
     as specified in paragraph (2), a dependent''; and
       (2) by adding at the end the following new paragraph:
       ``(2)(A) Dependents 12 years of age or younger who are 
     covered by a dental plan under section 1076a of this title 
     may be treated by postgraduate dental students in a dental 
     treatment facility of the uniformed services accredited by 
     the American Dental Association under a graduate dental 
     education program accredited by the American Dental 
     Association if--
       ``(i) treatment of pediatric dental patients is necessary 
     in order to satisfy an accreditation standard of the American 
     Dental Association that is applicable to such facility or 
     program, or training in pediatric dental care is necessary 
     for the students to be professionally qualified to provide 
     dental care for dependent children accompanying members of 
     the uniformed services outside the United States; and
       ``(ii) the caseload of pediatric patients at such facility 
     is insufficient to support satisfaction of the accreditation 
     or professional requirements in pediatric dental care that 
     apply to such facility, program, or students.
       ``(B) The total number of dependents treated in all 
     facilities of the uniformed services under subparagraph (A) 
     in a fiscal year may not exceed 2,000.''.

     SEC. 714. SERVICES OF MARRIAGE AND FAMILY THERAPISTS.

       (a) Authority To Enter Into Personal Services Contracts.--
     Section 704(c)(2) of the National Defense Authorization Act 
     for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2799; 10 
     U.S.C. 1091 note) is amended by inserting ``marriage and 
     family therapists certified as such by a certification 
     recognized by the Secretary of Defense,'' after 
     ``psychologists,''.
       (b) Applicability of Licensure Requirement for Health-Care 
     Professionals.--Section 1094(e)(2) of title 10, United States 
     Code, is amended by inserting ``marriage and family therapist 
     certified as such by a certification recognized by the 
     Secretary of Defense,'' after ``psychologist,''.

     SEC. 715. CHIROPRACTIC HEALTH CARE BENEFITS ADVISORY 
                   COMMITTEE.

       (a) Establishment.--Not later than 30 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     establish an oversight advisory committee to provide the 
     Secretary with advice and recommendations regarding the 
     continued development and implementation of an effective 
     program of chiropractic health care benefits for members of 
     the uniformed services on active duty.
       (b) Membership.--The advisory committee shall be composed 
     of members selected from among persons who, by reason of 
     education, training, and experience, are experts in 
     chiropractic health care, as follows:
       (1) Members appointed by the Secretary of Defense in such 
     number as the Secretary determines appropriate for carrying 
     out the duties of the advisory committee effectively.
       (2) A representative of each of the Armed Forces, as 
     designated by the Secretary of the military department 
     concerned.
       (c) Chairman.--The Secretary of Defense shall designate one 
     member of the advisory committee to serve as the Chairman of 
     the advisory committee.
       (d) Meetings.--The advisory committee shall meet at the 
     call of the Chairman, but not fewer than three times each 
     fiscal year, beginning in fiscal year 2005.
       (e) Duties.--The advisory committee shall have the 
     following duties:
       (1) Review and evaluate the program of chiropractic health 
     care benefits provided to members of the uniformed services 
     on active duty under chapter 55 of title 10, United States 
     Code.
       (2) Provide the Secretary of Defense with advice and 
     recommendations as described in subsection (a).
       (3) Upon the Secretary's determination that the program of 
     chiropractic health care benefits referred to in paragraph 
     (1) has been fully implemented, prepare and submit to the 
     Secretary a report containing the advisory committee's 
     evaluation of such program as implemented.
       (f) Applicability of Temporary Organizations Law.--(1) 
     Section 3161 of title 5, United States Code, shall apply to 
     the advisory committee under this section.
       (2) The Federal Advisory Committee Act (5 U.S.C. App.) 
     shall not apply to the oversight advisory committee under 
     this section.
       (g) Termination.--The advisory committee shall terminate 90 
     days after the date on which the committee submits the report 
     to the Secretary of Defense under subsection (e)(3).

     SEC. 716. GROUNDS FOR PRESIDENTIAL WAIVER OF REQUIREMENT FOR 
                   INFORMED CONSENT OR OPTION TO REFUSE REGARDING 
                   ADMINISTRATION OF DRUGS NOT APPROVED FOR 
                   GENERAL USE.

       (a) Investigational New Drugs.--Section 1107(f) of title 
     10, United States Code, is amended--
       (1) in paragraph (1), by striking ``obtaining consent--'' 
     and all that follows through ``(C) is'' and inserting 
     ``obtaining consent is''; and
       (2) by striking paragraph (2) and inserting the following 
     new paragraph:
       ``(2) The waiver authority provided in paragraph (1) shall 
     not be construed to apply to any case other than a case in 
     which prior consent for administration of a particular drug 
     is required by reason of a determination by the Secretary of 
     Health and Human Services that such drug is subject to the 
     investigational new drug requirements of section 505(i) of 
     the Federal Food, Drug, and Cosmetic Act.''.
       (b) Emergency Use Drugs.--Section 1107a(a) of such title is 
     amended--
       (1) by inserting ``(A)'' after ``President.--(1)'';
       (2) by striking ``is not feasible,'' and all that follows 
     through ``members affected, or''; and
       (3) by adding at the end the following new subparagraph:
       ``(B) The waiver authority provided in subparagraph (A) 
     shall not be construed to apply to any case other than a case 
     in which an individual is required to be informed of an 
     option to accept or refuse administration of a particular 
     product by reason of a determination by the Secretary of 
     Health and Human Services that emergency use of such product 
     is authorized under section 564 of the Federal Food, Drug, 
     and Cosmetic Act.''.

     SEC. 717. ELIGIBILITY OF CADETS AND MIDSHIPMEN FOR MEDICAL 
                   AND DENTAL CARE AND DISABILITY BENEFITS.

       (a) Medical and Dental Care.--(1) Chapter 55 of title 10, 
     United States Code, is amended by inserting after section 
     1074a the following new section:

     ``Sec. 1074b. Medical and dental care: cadets and midshipmen

       ``(a) Eligibility.--Under joint regulations prescribed by 
     the administering Secretaries, the following persons are, 
     except as provided in subsection (c), entitled to the 
     benefits described in subsection (b):
       ``(1) A cadet at the United States Military Academy, the 
     United States Air Force Academy, or the Coast Guard Academy, 
     and a midshipman at the United States Naval Academy, who 
     incurs or aggravates an injury, illness, or disease in the 
     line of duty.
       ``(2) Each member of, and each designated applicant for 
     membership in, the Senior Reserve Officers' Training Corps 
     who incurs or aggravates an injury, illness, or disease in 
     the line of duty while performing duties under section 2109 
     of this title.
       ``(b) Benefits.--A person eligible for benefits in 
     subsection (a) for an injury, illness, or disease is entitled 
     to--
       ``(1) the medical and dental care under this chapter that 
     is appropriate for the treatment of the injury, illness, or 
     disease until the injury, illness, disease, or any resulting 
     disability cannot be materially improved by further 
     hospitalization or treatment; and
       ``(2) meals during hospitalization.
       ``(c) Exception.--A person is not entitled to benefits 
     under subsection (b) for an injury, illness, or disease, or 
     the aggravation of an injury, illness, or disease that is a 
     result of the gross negligence or the misconduct of that 
     person.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     1074a the following new item:

``1074b. Medical and dental care: cadets and midshipmen of the service 
              academies.''.

       (b) Eligibility of Academy Cadets and Midshipmen for 
     Disability Retired Pay.--(1)(A) Section 1217 of title 10, 
     United States Code, is amended to read as follows:

     ``Sec. 1217. Cadets, midshipmen, and aviation cadets: 
       applicability of chapter

       ``(a) This chapter applies to cadets at the United States 
     Military Academy, the United States Air Force Academy, and 
     the United States Coast Guard Academy and midshipmen of the 
     United States Naval Academy.
       ``(b) Monthly cadet pay and monthly midshipman pay under 
     section 203(c) of title 37 shall be considered to be basic 
     pay for purposes of this chapter and the computation of 
     retired pay and severance and separation pay to which 
     entitlement is established under this chapter.''.
       (B) The item related to section 1217 in the table of 
     sections at the beginning of chapter 61 of such title is 
     amended to read as follows:

``1217. Cadets, midshipmen, and aviation cadets: applicability of 
              chapter.''.

       (2) The amendments made by paragraph (1) shall take effect 
     on October 1, 2004.

[[Page S7620]]

     SEC. 718. CONTINUATION OF SUB-ACUTE CARE FOR TRANSITION 
                   PERIOD.

       Section 1074j(b) of title 10, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(4) The Secretary of Defense may take such actions as are 
     necessary to ensure that there is an effective transition in 
     the furnishing of part-time or intermittent home health care 
     benefits for covered beneficiaries who were receiving such 
     benefits before the establishment of the program under this 
     section. The actions taken under this paragraph may include 
     the continuation of such benefits on an extended basis for 
     such time as the Secretary determines appropriate.''.

     SEC. 719. TEMPORARY AUTHORITY FOR WAIVER OF COLLECTION OF 
                   PAYMENTS DUE FOR CHAMPUS BENEFITS RECEIVED BY 
                   DISABLED PERSONS UNAWARE OF LOSS OF CHAMPUS 
                   ELIGIBILITY.

       (a) Authority To Waive Debt.--(1) The Secretary of Defense, 
     in consultation with the other administering Secretaries, may 
     waive (in whole or in part) the collection of payments 
     otherwise due from a person described in subsection (b) for 
     health benefits received by such person under section 1086 of 
     title 10, United States Code, after the termination of that 
     person's eligibility for such benefits.
       (2) If the Secretary of Defense waives collection of 
     payments from a person under paragraph (1), the Secretary may 
     also authorize a continuation of benefits for such person 
     under such section 1086 for a period ending not later than 
     the end of the period specified in subsection (c) of this 
     section.
       (b) Eligible Persons.--A person is eligible for relief 
     under subsection (a)(1) if--
       (1) the person is described in paragraph (1) of subsection 
     (d) of section 1086 of title 10, United States Code;
       (2) except for such paragraph, the person would have been 
     eligible for the health benefits under such section; and
       (3) at the time of the receipt of such benefits--
       (A) the person satisfied the criteria specified in 
     paragraph (2)(B) of such subsection (d); and
       (B) the person was unaware of the loss of eligibility to 
     receive the health benefits.
       (c) Period of Applicability.--The authority provided under 
     this section to waive collection of payments and to continue 
     benefits shall apply, under terms and conditions prescribed 
     by the Secretary of Defense, to health benefits provided 
     under section 1086 of title 10, United States Code, during 
     the period beginning on July 1, 1999, and ending at the end 
     of December 31, 2004.
       (d) Consultation With Other Administering Secretaries.--(1) 
     The Secretary of Defense shall consult with the other 
     administering Secretaries in exercising the authority 
     provided in this section.
       (2) In this subsection, the term ``administering 
     Secretaries'' has the meaning given such term in section 
     1072(3) of title 10, United States Code.

     SEC. 720. VACCINE HEALTHCARE CENTERS NETWORK.

       Section 1110 of title 10, United States Code, is amended by 
     adding at the end the following:
       ``(c) Vaccine Healthcare Centers Network.--(1) The 
     Secretary shall carry out this section through the Vaccine 
     Healthcare Centers Network as established by the Secretary in 
     collaboration with the Director of the Centers for Disease 
     Control and Prevention.
       ``(2) In addition to conducting the activities described in 
     subsection (b), it shall be the purpose of the Vaccine 
     Healthcare Centers Network to improve--
       ``(A) the safety and quality of vaccine administration for 
     the protection of members of the armed forces;
       ``(B) the submission of data to the Vaccine-related Adverse 
     Events Reporting System to include comprehensive content and 
     follow-up data;
       ``(C) the access to clinical management services to members 
     of the armed forces who experience vaccine adverse events;
       ``(D) the knowledge and understanding by members of the 
     armed forces and vaccine-providers of immunization benefits 
     and risks.
       ``(E) networking between the Department of Defense, the 
     Department of Health and Human Services, the Department of 
     Veterans Affairs, and private advocacy and coalition groups 
     with regard to immunization benefits and risks; and
       ``(F) clinical research on the safety and efficacy of 
     vaccines.
       ``(3) To achieve the purposes described in paragraph (2), 
     the Vaccine Healthcare Centers Network, in collaboration with 
     the medical departments of the armed forces, shall carry out 
     the following:
       ``(A)(i) Establish a network of centers of excellence in 
     clinical immunization safety assessment that provides for 
     outreach, education, and confidential consultative and direct 
     patient care services for vaccine related adverse events 
     prevention, diagnosis, treatment and follow-up with respect 
     to members of the armed services.
       ``(ii) Such centers shall provide expert second opinions 
     for such members regarding medical exemptions under this 
     section and for additional care that is not available at the 
     local medical facilities of such members.
       ``(B) Develop standardized educational outreach activities 
     to support the initial and ongoing provision of training and 
     education for providers and nursing personnel who are engaged 
     in delivering immunization services to the members of the 
     armed forces.
       ``(C) Develop a program for quality improvement in the 
     submission and understanding of data that is provided to the 
     Vaccine-related Adverse Events Reporting System, particularly 
     among providers and members of the armed forces.
       ``(D) Develop and standardize a quality improvement program 
     for the Department of Defense relating to immunization 
     services.
       ``(E) Develop an effective network system, with appropriate 
     internal and external collaborative efforts, to facilitate 
     integration, educational outreach, research, and clinical 
     management of adverse vaccine events.
       ``(F) Provide education and advocacy for vaccine recipients 
     to include access to vaccine safety programs, medical 
     exemptions, and quality treatment.
       ``(G) Support clinical studies with respect to the safety 
     and efficacy of vaccines, including outcomes studies on the 
     implementation of recommendations contained in the clinical 
     guidelines for vaccine-related adverse events.
       ``(H) Develop implementation recommendations for vaccine 
     exemptions or alternative vaccine strategies for members of 
     the armed forces who have had prior, or who are susceptible 
     to, serious adverse events, including those with genetic risk 
     factors, and the discovery of treatments for adverse events 
     that are most effective.
       ``(4) It is the sense of the Senate--
       ``(A) to recognize the important work being done by the 
     Vaccine Healthcare Center Network for the members of the 
     armed forces; and
       ``(B) that each of the military departments (as defined in 
     section 102 of title 5, United States Code) is strongly 
     encouraged to fund the Vaccine Healthcare Center Network.''.

     SEC. 721. USE OF DEPARTMENT OF DEFENSE FUNDS FOR ABORTIONS IN 
                   CASES OF RAPE AND INCEST.

       Section 1093(a) of title 10, United States Code, is amended 
     by inserting before the period at the end the following: `` 
     or in a case in which the pregnancy is the result of an act 
     of rape or incest''.

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

             Subtitle A--Acquisition Policy and Management

     SEC. 801. RESPONSIBILITIES OF ACQUISITION EXECUTIVES AND 
                   CHIEF INFORMATION OFFICERS UNDER THE CLINGER-
                   COHEN ACT.

       (a) Acquisitions of Information Technology Equipment 
     Integral to a Weapon or Weapon System.--(1) Chapter 131 of 
     title 10, United States Code, is amended by inserting after 
     section 2223 the following:

     ``Sec. 2223a. Acquisition of information technology equipment 
       integral to a weapon or a weapon system

       ``(a) Responsibilities of Acquisition Executives.--The 
     acquisition executive of each military department shall be 
     responsible for ensuring that, with regard to a weapon or 
     weapon system acquired or to be acquired by or for that 
     military department--
       ``(1) the acquisition of information technology equipment 
     that is integral to the weapon or a weapon system is 
     conducted in a manner that is consistent with the capital 
     planning, investment control, and performance and results-
     based management processes and requirements provided under 
     sections 11302, 11303, 11312, and 11313 of title 40, to the 
     extent that such processes requirements are applicable to the 
     acquisition of such equipment;
       ``(2) issues of spectrum availability, interoperability, 
     and information security are appropriately addressed in the 
     development of the weapon or weapon system; and
       ``(3) in the case of information technology equipment that 
     is to be incorporated into a weapon or a weapon system under 
     a major defense acquisition program, the information 
     technology equipment is incorporated in a manner that is 
     consistent with--
       ``(A) the planned approach to applying certain provisions 
     of law to major defense acquisition programs following the 
     evolutionary acquisition process that the Secretary of 
     Defense reported to Congress under section 802 of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 2003 
     (Public Law 107-314; 116 Stat. 2602);
       ``(B) the acquisition policies that apply to spiral 
     development programs under section 803 of such Act (116 Stat. 
     2603; 10 U.S.C. 2430 note); and
       ``(C) the software acquisition processes of the military 
     department or Defense Agency concerned under section 804 of 
     such Act (116 Stat. 2604; 10 U.S.C. 2430 note).
       ``(b) Board of Senior Acquisition Officials.--(1) The 
     Secretary of Defense shall establish a board of senior 
     acquisition officials to develop policy and provide oversight 
     on the implementation of the requirements of this section and 
     chapter 113 of title 40 in procurements of information 
     technology equipment that is integral to a weapon or a weapon 
     system.
       ``(2) The board shall be composed of the following 
     officials:
       ``(A) The Under Secretary of Defense for Acquisition, 
     Technology, and Logistics, who shall be the Chairman.
       ``(B) The acquisition executives of the military 
     departments.
       ``(C) The Chief Information Officer of the Department of 
     Defense.
       ``(3) Any question regarding whether information technology 
     equipment is integral to

[[Page S7621]]

     a weapon or weapon system shall be resolved by the board in 
     accordance with policies established by the board.
       ``(c) Inapplicability of Other Laws.--The following 
     provisions of law do not apply to information technology 
     equipment that is integral to a weapon or a weapon system:
       ``(1) Section 11315 of title 40.
       ``(2) The policies and procedures established under section 
     11316 of title 40.
       ``(3) Subsections (d) and (e) of section 811 of the Floyd 
     D. Spence National Defense Authorization Act for Fiscal Year 
     2001 (as enacted into law by Public Law 106-398; 114 Stat. 
     1654A-211), and the requirements and prohibitions that are 
     imposed by Department of Defense Directive 5000.1 pursuant to 
     subsections (b) and (c) of such section.
       ``(4) Section 351 of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     116 Stat. 2516; 10 U.S.C. 221 note).
       ``(d) Definitions.--In this section:
       ``(1) The term `acquisition executive', with respect to a 
     military department, means the official who is designated as 
     the senior procurement executive of the military department 
     under section 16(3) of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 414(3)).
       ``(2) The term `information technology' has the meaning 
     given such term in section 11101 of title 40.
       ``(3) The term `major defense acquisition program' has the 
     meaning given such term in section 2430 of this title.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     2223 the following new item:

``2223a. Acquisition of information technology equipment integral to a 
              weapon or a weapon system.''.

       (b) Conforming Amendments.--Section 2223 of such title is 
     amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Equipment Integral to a Weapon or Weapon System.--(1) 
     In the case of information technology equipment that is 
     integral to a weapon or weapon system acquired or to be 
     acquired by or for a military department, the 
     responsibilities under this section shall be performed by the 
     acquisition executive of that military department pursuant to 
     the guidance and oversight of the board of senior acquisition 
     officials established under section 2223a(b) of this title.
       ``(2) In this subsection, the term `acquisition executive' 
     has the meaning given said term in section 2223a(d) of this 
     title.''.

     SEC. 802. SOFTWARE-RELATED PROGRAM COSTS UNDER MAJOR DEFENSE 
                   ACQUISITION PROGRAMS.

       (a) Content of Quarterly Unit Cost Report.--Subsection (b) 
     of section 2433 of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(5) Any significant changes in the total program cost for 
     development and procurement of the software component of the 
     program, schedule milestones for the software component of 
     the program, or expected performance for the software 
     component of the program that are known, expected, or 
     anticipated by the program manager.''.
       (b) Content of Selected Acquisition Report.--(1) Subsection 
     (g)(1) of such section is amended by adding at the end the 
     following new subparagraph:
       ``(Q) In any case in which one or more problems with the 
     software component of the program significantly contributed 
     to the increase in program unit costs, the action taken and 
     proposed to be taken to solve such problems.''.
       (2) Section 2432(e) of title 10, United States Code, is 
     amended--
       (A) by redesignating paragraphs (7), (8), and (9), as 
     paragraphs (8), (9) and (10), respectively; and
       (B) by inserting after paragraph (6) the following new 
     paragraph (7):
       ``(7) The reasons for any significant changes (from the 
     previous Selected Acquisition Report) in the total program 
     cost for development and procurement of the software 
     component of the program, schedule milestones for the 
     software component of the program, or expected performance 
     for the software component of the program that are known, 
     expected, or anticipated by the program manager.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2004, and shall apply with 
     respect to reports due to be submitted to Congress on or 
     after such date.

     SEC. 803. INTERNAL CONTROLS FOR DEPARTMENT OF DEFENSE 
                   PURCHASES THROUGH GSA CLIENT SUPPORT CENTERS.

       (a) Limitation.--No official of the Department of Defense 
     may place an order for, make a purchase of, or otherwise 
     procure property or services in an amount in excess of 
     $100,000 through any particular GSA Client Support Center 
     until the Inspector General of the Department of Defense has, 
     after the date of the enactment of this Act--
       (1) reviewed the policies, procedures, and internal 
     controls of such Client Support Center in consultation with 
     the Inspector General of the General Services Administration; 
     and
       (2) certified in writing to the Secretary of Defense and 
     the Administrator of General Services that such policies, 
     procedures, and internal controls are adequate to ensure the 
     compliance of such Client Support Center with the 
     requirements of law and regulations that are applicable to 
     orders, purchases, and other procurements of property and 
     services.
       (b) GSA Client Support Center Defined.--In this section, 
     the term ``GSA Client Support Center'' means a Client Support 
     Center of the Federal Technology Service of the General 
     Services Administration.
       (c) Effective Date and Applicability.--This section shall 
     take effect on the date of the enactment of this Act and 
     shall apply with respect to orders, purchases, and other 
     procurements that are initiated by the Department of Defense 
     with a GSA Client Support Center on or after such date.

     SEC. 804. DEFENSE COMMERCIAL SATELLITE SERVICES PROCUREMENT 
                   PROCESS.

       (a) Requirement for Determination.--The Secretary of 
     Defense shall review alternative mechanisms for procuring 
     commercial satellite services and provide guidance to the 
     Director of the Defense Information Systems Agency and the 
     Secretaries of the military departments on how such 
     procurements should be conducted. The alternative procurement 
     mechanisms reviewed by the Secretary of Defense shall, at a 
     minimum, include the following:
       (1) Procurement under indefinite delivery, indefinite 
     quantity contracts of the Federal Technology Service of the 
     General Services Administration.
       (2) Procurement directly from commercial sources that are 
     qualified as described in subsection (b), using full and open 
     competition (as defined in section 4(6) of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 403(6))).
       (3) Procurement by any other means that has been used by 
     the Director of the Defense Information Systems Agency or the 
     Secretary of a military department to enter into a contract 
     for the procurement of commercial satellite services that is 
     in force on the date of the enactment of this Act.
       (b) Qualified Sources.--A source of commercial satellite 
     services referred to in paragraph (2) of subsection (a) is a 
     qualified source if the source is incorporated under the laws 
     of a State of the United States and is either--
       (1) a source of commercial satellite services under a 
     Federal Technology Service contract for the procurement of 
     commercial satellite services described in paragraph (1) of 
     such subsection that is in force on the date of the enactment 
     of this Act; or
       (2) a source of commercial satellite services that meets 
     qualification requirements (as defined in section 2319 of 
     title 10, United States Code, and established in accordance 
     with that section) to enter into a Federal Technology Service 
     contract for the procurement of commercial satellite 
     services.
       (c) Report.--Not later than April 30, 2005, the Secretary 
     of Defense shall submit to Congress a report setting forth 
     the conclusions resulting from the Secretary's review under 
     subsection (a). The report shall include--
       (1) the guidance provided under such subsection; and
       (2) a discussion of the rationale for that guidance.

     SEC. 805. REVISION AND EXTENSION OF AUTHORITY FOR ADVISORY 
                   PANEL ON REVIEW OF GOVERNMENT PROCUREMENT LAWS 
                   AND REGULATIONS.

       (a) Relationship of Recommendations to Small Businesses.--
     Section 1423 of the National Defense Authorization Act for 
     Fiscal Year 2004 (Public Law 106-136; 117 Stat. 1669; 41 
     U.S.C. 405 note) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Issues Relating to Small Businesses.--In developing 
     recommendations under subsection (c)(2), the panel shall--
       ``(1) consider the effects of its recommendations on small 
     business concerns; and
       ``(2) include any recommended modifications of laws, 
     regulations, and policies that the panel considers necessary 
     to enhance and ensure competition in contracting that affords 
     small business concerns meaningful opportunity to participate 
     in Federal Government contracts.''.
       (b) Revision and Extension of Reporting Requirement.--
     Section 1423(d) of the National Defense Authorization Act for 
     Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1669; 41 
     U.S.C. 405 note) is amended--
       (1) by striking ``one year after the establishment of the 
     panel'' and inserting ``one year after the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2005'';
       (2) by striking ``Services and'' both places it appears and 
     inserting ``Services,'';
       (3) by inserting ``, and Small Business'' after 
     ``Government Reform''; and
       (4) by inserting ``, and Small Business and 
     Entrepreneurship'' after ``Governmental Affairs''.

     Subtitle B--General Contracting Authorities, Procedures, and 
                     Limitations, and Other Matters

     SEC. 811. INCREASED THRESHOLDS FOR APPLICABILITY OF CERTAIN 
                   REQUIREMENTS.

       (a) Senior Procurement Executive Approval of Use of 
     Procedures Other Than Competitive Procedures.--Section 
     2304(f)(1)(B) of title 10, United States Code, is amended by 
     striking ``$50,000,000'' both places it appears and inserting 
     ``$75,000,000''.
       (b) Information on Subcontracting Authority of Defense 
     Contractor Personnel.--Section 2416(d) of such title is

[[Page S7622]]

     amended by striking ``$500,000'' and inserting 
     ``$1,000,000''.

     SEC. 812. PERIOD FOR MULTIYEAR TASK AND DELIVERY ORDER 
                   CONTRACTS.

       (a) Revised Maximum Period.--Section 2304a(f) of title 10, 
     United States Code, is amended by striking ``a total period 
     of not more than five years.'' and inserting ``any period up 
     to five years and may extend the contract period for one or 
     more successive periods pursuant to an option provided in the 
     contract or a modification of the contract. The total 
     contract period as extended may not exceed eight years unless 
     such head of an agency personally determines in writing that 
     exceptional circumstances necessitate a longer contract 
     period.''.
       (b) Annual Report.--Not later than 60 days after the end of 
     each of fiscal years 2005 through 2009, the Secretary of 
     Defense shall submit to Congress a report setting forth each 
     extension of a contract period to a total of more than eight 
     years that was granted for task and delivery order contracts 
     of the Department of Defense during such fiscal year under 
     section 2304a(f) of title 10, United States Code. The report 
     shall include, with respect to each such contract period 
     extension--
       (1) a discussion of the exceptional circumstances on which 
     the extension was based; and
       (2) the justification for the determination of exceptional 
     circumstances.

     SEC. 813. SUBMISSION OF COST OR PRICING DATA ON NONCOMMERCIAL 
                   MODIFICATIONS OF COMMERCIAL ITEMS.

       (a) Inapplicability of Commercial Items Exception to 
     Noncommercial Modifications of Commercial Items.--Subsection 
     (b) of section 2306a of title 10, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(3) Noncommercial modifications of commercial items.--(A) 
     The exception in paragraph (1)(B) does not apply to cost or 
     pricing data on noncommercial modifications of a commercial 
     item that are expected to cost, in the aggregate, more than 
     $500,000.
       ``(B) In this paragraph, the term `noncommercial 
     modification', with respect to a commercial item, means a 
     modification of such item that is not a modification 
     described in section 4(12)(C)(i) of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 403(12)(C)(i)).
       ``(C) Nothing in subparagraph (A) shall be construed--
       ``(i) to limit the applicability of the exception in 
     subparagraph (A) or (C) of paragraph (1) to cost or pricing 
     data on a noncommercial modification of a commercial item; or
       ``(ii) to require the submission of cost or pricing data on 
     any aspect of an acquisition of a commercial item other than 
     the cost and pricing of noncommercial modifications of such 
     item.''.
       (b) Effective Date and Applicability.--Paragraph (3) of 
     section 2306a of title 10, United States Code (as added by 
     subsection (a)), shall take effect on January 1, 2005, and 
     shall apply with respect to offers submitted, and to 
     modifications of contracts or subcontracts made, on or after 
     that date.

     SEC. 814. DELEGATIONS OF AUTHORITY TO MAKE DETERMINATIONS 
                   RELATING TO PAYMENT OF DEFENSE CONTRACTORS FOR 
                   BUSINESS RESTRUCTURING COSTS.

       Section 2325(a)(2) of title 10, United States Code, is 
     amended--
       (1) by striking ``paragraph (1) to an official'' and all 
     that follows and inserting ``paragraph (1), with respect to a 
     business combination, to an official of the Department of 
     Defense--''; and
       (2) by adding at the end the following:
       ``(A) below the level of an Assistant Secretary of Defense 
     for cases in which the amount of restructuring costs is 
     expected to exceed $25,000,000 over a 5-year period; or
       ``(B) below the level of the Director of the Defense 
     Contract Management Agency for all other cases.''.

     SEC. 815. LIMITATION REGARDING SERVICE CHARGES IMPOSED FOR 
                   DEFENSE PROCUREMENTS MADE THROUGH CONTRACTS OF 
                   OTHER AGENCIES.

       (a) Limitation.--(1) Chapter 141 of title 10, United States 
     Code, is amended by inserting after section 2382 the 
     following new section 2383:

     ``Sec. 2383. Procurements through contracts of other 
       agencies: service charges

       ``(a) Limitation.--The head of an agency may not procure 
     goods or services (under section 1535 of title 31, pursuant 
     to a designation under section 11302(e) of title 40, or 
     otherwise) through a contract entered into by an agency 
     outside the Department of Defense if the amount charged such 
     head of an agency by the contracting agency for the goods or 
     services includes a service charge in a total amount that 
     exceeds one percent of the amount charged by the contractor 
     for such goods or services under the contract.
       ``(b) Waiver Authority.--(1) The appropriate official of 
     the Department of Defense may waive the limitation in 
     subsection (a) in the case of any procurement for which that 
     official determines that it is in the national security 
     interests of the United States to do so.
       ``(2) The appropriate official for exercise of the waiver 
     authority under paragraph (1) is as follows:
       ``(A) In the case of a procurement by a Defense Agency or 
     Department of Defense Field Activity, the Secretary of 
     Defense.
       ``(B) In the case of a procurement for a military 
     department, the Secretary of that military department.
       ``(3)(A) The Secretary of Defense may not delegate the 
     authority under paragraph (1) to any person other than the 
     Deputy Secretary of Defense or the Under Secretary of Defense 
     for Acquisition, Technology, and Logistics.
       ``(B) The Secretary of a military department may not 
     delegate the authority under paragraph (1) to any person 
     other than the acquisition executive of that military 
     department.
       ``(c) Inapplicability to Contracts for Certain Services.--
     This section does not apply to procurements of the following 
     services:
       ``(1) Printing, binding, or blank-book work to which 
     section 502 of title 44 applies.
       ``(2) Services available under programs pursuant to section 
     103 of the Library of Congress Fiscal Operations Improvement 
     Act of 2000 (Public Law 106-481; 114 Stat. 2187; 2 U.S.C. 
     182c).
       ``(d) Inapplicability to Coast Guard and NASA.--This 
     section does not apply to the Coast Guard when it is not 
     operating as a service in the Navy or to the National 
     Aeronautics and Space Administration.
       ``(e) Definitions.--In this section:
       ``(1) The term `head of an agency' has the meaning given 
     such term in section 2302 of this title.
       ``(2) The term `acquisition executive', with respect to a 
     military department, means the official who is designated as 
     the senior procurement executive of that military department 
     under section 16(3) of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 414(3)).''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     2382 the following new item:

``2383. Procurements through contracts of other agencies: service 
              charges.''.

       (b) Effective Date and Applicability.--Section 2383 of 
     title 10, United States Code, shall take effect on October 1, 
     2004, and shall apply with respect to orders for goods or 
     services that are issued by the head of an agency (as defined 
     in section 2302 of such title) on or after such date.

     SEC. 816. SENSE OF THE SENATE ON EFFECTS OF COST INFLATION ON 
                   THE VALUE RANGE OF THE CONTRACTS TO WHICH A 
                   SMALL BUSINESS CONTRACT RESERVATION APPLIES.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) in the administration of the requirement for 
     reservation of contracts for small businesses under 
     subsection (j) of section 15 of the Small Business Act (15 
     U.S.C. 644), the maximum amount in the contract value range 
     provided under that subsection should be treated as being 
     adjusted to the same amount to which the simplified 
     acquisition threshold is increased whenever such threshold is 
     increased under law; and
       (2) the Administrator for Federal Procurement Policy, in 
     consultation with the Federal Acquisition Regulatory Council, 
     should ensure that appropriate governmentwide policies and 
     procedures are in place--
       (A) to monitor socioeconomic data concerning purchases made 
     by means of purchase cards or credit cards issued for use in 
     transactions on behalf of the Federal Government; and
       (B) to encourage the placement of a fair portion of such 
     purchases with small businesses consistent with 
     governmentwide goals for small business prime contracting 
     established under section 15(g) of the Small Business Act (15 
     U.S.C. 644(g)).
       (b) Simplified Acquisition Threshold Defined.--In this 
     section, the term ``simplified acquisition threshold'' has 
     the meaning given such term in section 4(11) of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 403(11)).

        Subtitle C--Extensions of Temporary Program Authorities

     SEC. 821. EXTENSION OF CONTRACT GOAL FOR SMALL DISADVANTAGED 
                   BUSINESS AND CERTAIN INSTITUTIONS OF HIGHER 
                   EDUCATION.

       Section 2323(k) of title 10, United States Code, is amended 
     by striking ``2006'' both places it appears and inserting 
     ``2009''.

     SEC. 822. EXTENSION OF MENTOR-PROTEGE PROGRAM.

       Section 831 of the National Defense Authorization Act for 
     Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note) is 
     amended--
       (1) in subsection (j)--
       (A) in paragraph (1), by striking ``September 30, 2005'' 
     and inserting ``September 30, 2010''; and
       (B) in paragraph (2), by striking ``September 30, 2008'' 
     and inserting ``September 30, 2013''; and
       (2) in subsection (l)(3), by striking ``2007'' and 
     inserting ``2012''.

     SEC. 823. EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF 
                   COMPREHENSIVE SMALL BUSINESS SUBCONTRACTING 
                   PLANS.

       Section 834(e) of the National Defense Authorization Act 
     for Fiscal Years 1990 and 1991 (Public Law 101-189; 15 U.S.C. 
     637 note) is amended by striking ``September 30, 2005'' and 
     inserting ``September 30, 2010''.

     SEC. 824. EXTENSION OF PILOT PROGRAM ON SALES OF MANUFACTURED 
                   ARTICLES AND SERVICES OF CERTAIN ARMY 
                   INDUSTRIAL FACILITIES.

       Section 141(a) of the National Defense Authorization Act 
     for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 4543 note) 
     is amended by striking ``through 2004'' in the first sentence 
     and inserting ``through 2009''.

[[Page S7623]]

                  Subtitle D--Industrial Base Matters

     SEC. 831. COMMISSION ON THE FUTURE OF THE NATIONAL TECHNOLOGY 
                   AND INDUSTRIAL BASE.

       (a) Establishment.--There is established a commission to be 
     known as the Commission on the Future of the National 
     Technology and Industrial Base (hereafter in this section 
     referred to as the ``Commission'').
       (b) Membership.--(1) The Commission shall be composed of 12 
     members appointed by the President.
       (2) The members of the Commission shall include--
       (A) persons with extensive experience and national 
     reputations for expertise in the defense industry, commercial 
     industries that support the defense industry, and the 
     economics, finance, national security, international trade, 
     or foreign policy areas; and
       (B) persons who are representative of labor organizations 
     associated with the defense industry, and persons who are 
     representative of small business concerns or organizations of 
     small business concerns that are involved in Department of 
     Defense contracting and other Federal Government contracting.
       (3) The appointment of the members of the Commission under 
     this subsection shall be made not later than March 1, 2005.
       (4) Members shall be appointed for the life of the 
     Commission. A vacancy in the Commission shall not affect its 
     powers, but shall be filled in the same manner in which the 
     original appointment was made.
       (5) The President shall designate one member of the 
     Commission to serve as the Chairman of the Commission.
       (c) Meetings.--(1) The Commission shall meet at the call of 
     the Chairman.
       (2) A majority of the members of the Commission shall 
     constitute a quorum, but a lesser number may hold hearings.
       (d) Duties.--(1) The Commission shall--
       (A) study the issues associated with the future of the 
     national technology and industrial base in the global 
     economy, particularly with respect to its effect on United 
     States national security; and
       (B) assess the future ability of the national technology 
     and industrial base to attain the national security 
     objectives set forth in section 2501 of title 10, United 
     States Code.
       (2) In carrying out the study and assessment under 
     paragraph (1), the Commission shall consider the following 
     matters:
       (A) Existing and projected future capabilities of the 
     national technology and industrial base.
       (B) The impact on the national technology and industrial 
     base of civil-military integration and the growing dependence 
     of the Department of Defense on the commercial market for 
     defense products and services.
       (C) Any current or projected shortages of a critical 
     technology (as defined in section 2500(6) of title 10, United 
     States Code), or the raw materials necessary for the 
     production of such technology, that could adversely affect 
     the national security of the United States.
       (D) The effects of domestic source restrictions on the 
     strength of the national technology and industrial base.
       (E) The effects of the policies and practices of United 
     States allies and trading partners on the national technology 
     and industrial base.
       (F) The effects on the national technology and industrial 
     base of laws and regulations related to international trade 
     and the export of defense technologies and dual-use 
     technologies.
       (G) The adequacy of programs that support science and 
     engineering education, including programs that support 
     defense science and engineering efforts at institutions of 
     higher learning, with respect to meeting the needs of the 
     national technology and industrial base.
       (H) The implementation of policies and planning required 
     under subchapter II of chapter 148 of title 10, United States 
     Code, and other provisions of law designed to support the 
     national technology and industrial base.
       (I) The role of the Manufacturing Technology program, other 
     Department of Defense research and development programs, and 
     the utilization of the authorities of the Defense Production 
     Act of 1950 to provide transformational breakthroughs in 
     advanced manufacturing technologies and processes that ensure 
     the strength and productivity of the national technology and 
     industrial base.
       (J) The role of small business concerns in strengthening 
     the national technology and industrial base.
       (e) Report.--Not later than March 1, 2007, the Commission 
     shall submit a report on its activities to the President and 
     Congress. The report shall include the following matters:
       (1) The findings and conclusions of the Commission.
       (2) The recommendations of the Commission for actions by 
     Federal Government officials to support the maintenance of a 
     robust national technology and industrial base in the 21st 
     century.
       (3) The recommendations of the Commission for addressing 
     shortages in critical technologies, and shortages of raw 
     materials necessary for the production of critical 
     technologies, that could adversely affect the national 
     security of the United States.
       (4) Any recommendations for legislation or changes in 
     regulations to support the implementation of the findings of 
     the Commission.
       (5) A discussion of appropriate measures to implement the 
     recommendations of the Commission.
       (f) Administrative Requirements and Authorities.--(1) The 
     Director of the Office of Management and Budget shall ensure 
     that the Commission is provided such administrative services, 
     facilities, staff, and other support services as may be 
     necessary for the Commission to carry out its duties. 
     Expenses of the Commission shall be paid out of funds 
     available to the Director.
       (2) The Commission may hold such hearings, sit and act at 
     such times and places, take such testimony, and receive such 
     evidence as the Commission considers advisable to carry out 
     the purposes of this section.
       (3) The Commission may secure directly from any Federal 
     department or agency such information as the commission 
     considers necessary to carry out the provisions of this 
     section. Upon a request of the Chairman of the Commission, 
     the head of such department or agency shall furnish such 
     information to the Commission.
       (4) The Commission may use the United States mails in the 
     same manner and under the same conditions as other 
     departments and agencies of the Federal Government.
       (g) Personnel Matters.--(1) Members of the Commission shall 
     serve without compensation for their service on the 
     Commission, except that each member of the Commission who is 
     not an officer or employee of the United States shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (2) Section 3161 of title 5, United States Code, shall 
     apply to the Commission, except that--
       (A) members of the Commission shall not be entitled to pay 
     for services under subsection (d) of such section; and
       (B) subsection (b)(2) of such section shall not apply to 
     the employees of the Commission.
       (h) Applicability of Federal Advisory Committee Act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Commission.
       (i) Termination.--The Commission shall terminate 30 days 
     after the date on which the Commission submits its report 
     under subsection (e).
       (j) Definition of National Technology and Industrial 
     Base.--In this section, the term ``national technology and 
     industrial base'' has the meaning given such term in section 
     2500 of title 10, United States Code.

     SEC. 832. WAIVER AUTHORITY FOR DOMESTIC SOURCE OR CONTENT 
                   REQUIREMENTS.

       (a) Authority.--Subchapter V of chapter 148 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 2539c. Waiver of domestic source or content 
       requirements

       ``(a) Authority.--Except as provided in subsection (f), the 
     Secretary of Defense may waive the application of any 
     domestic source requirement or domestic content requirement 
     referred to in subsection (b) and thereby authorize the 
     procurement of items that are grown, reprocessed, reused, 
     produced, or manufactured--
       ``(1) in a foreign country that has a Declaration of 
     Principles with the United States;
       ``(2) in a foreign country that has a Declaration of 
     Principles with the United States substantially from 
     components and materials grown, reprocessed, reused, 
     produced, or manufactured in the United States or any foreign 
     country that has a Declaration of Principles with the United 
     States; or
       ``(3) in the United States substantially from components 
     and materials grown, reprocessed, reused, produced, or 
     manufactured in the United States or any foreign country that 
     has a Declaration of Principles with the United States.
       ``(b) Covered Requirements.--For purposes of this section:
       ``(1) A domestic source requirement is any requirement 
     under law that the Department of Defense satisfy its 
     requirements for an item by procuring an item that is grown, 
     reprocessed, reused, produced, or manufactured in the United 
     States or by a manufacturer that is a part of the national 
     technology and industrial base (as defined in section 2500(1) 
     of this title).
       ``(2) A domestic content requirement is any requirement 
     under law that the Department of Defense satisfy its 
     requirements for an item by procuring an item produced or 
     manufactured partly or wholly from components and materials 
     grown, reprocessed, reused, produced, or manufactured in the 
     United States.
       ``(c) Applicability.--The authority of the Secretary to 
     waive the application of a domestic source or content 
     requirements under subsection (a) applies to the procurement 
     of items for which the Secretary of Defense determines that--
       ``(1) application of the requirement would impede the 
     reciprocal procurement of defense items under a Declaration 
     of Principles with the United States; and
       ``(2) such country does not discriminate against defense 
     items produced in the United States to a greater degree than 
     the United States discriminates against defense items 
     produced in that country.
       ``(d) Limitation on Delegation.--The authority of the 
     Secretary to waive the application of domestic source or 
     content requirements under subsection (a) may not be 
     delegated to any officer or employee other than

[[Page S7624]]

     the Under Secretary of Defense for Acquisition, Technology 
     and Logistics.
       ``(e) Consultations.--The Secretary may grant a waiver of 
     the application of a domestic source or content requirement 
     under subsection (a) only after consultation with the United 
     States Trade Representative, the Secretary of Commerce, and 
     the Secretary of State.
       ``(f) Laws Not Waivable.--The Secretary of Defense may not 
     exercise the authority under subsection (a) to waive any 
     domestic source or content requirement contained in any of 
     the following laws:
       ``(1) The Small Business Act (15 U.S.C. 631 et seq.).
       ``(2) The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).
       ``(3) Sections 7309 and 7310 of this title.
       ``(4) Section 2533a of this title.
       ``(g) Relationship to Other Waiver Authority.--The 
     authority under subsection (a) to waive a domestic source 
     requirement or domestic content requirement is in addition to 
     any other authority to waive such requirement.
       ``(h) Construction With Respect to Later Enacted Laws.--
     This section may not be construed as being inapplicable to a 
     domestic source requirement or domestic content requirement 
     that is set forth in a law enacted after the enactment of 
     this section solely on the basis of the later enactment.
       ``(i) Declaration of Principles.--(1) In this section, the 
     term `Declaration of Principles' means a written 
     understanding (including any Statement of Principles) between 
     the Department of Defense and its counterpart in a foreign 
     country signifying a cooperative relationship between the 
     Department and its counterpart to standardize or make 
     interoperable defense equipment used by the armed forces and 
     the armed forces of the foreign country across a broad 
     spectrum of defense activities, including--
       ``(A) harmonization of military requirements and 
     acquisition processes;
       ``(B) security of supply;
       ``(C) export procedures;
       ``(D) security of information;
       ``(E) ownership and corporate governance;
       ``(F) research and development;
       ``(G) flow of technical information; and
       ``(H) defense trade.
       ``(2) A Declaration of Principles is underpinned by a 
     memorandum of understanding or other agreement providing for 
     the reciprocal procurement of defense items between the 
     United States and the foreign country concerned without 
     unfair discrimination in accordance with section 2531 of this 
     title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting after 
     the item relating to section 2539b the following new item:

``2539c. Waiver of domestic source or content requirements.''.

     SEC. 833. CONSISTENCY WITH UNITED STATES OBLIGATIONS UNDER 
                   TRADE AGREEMENTS.

       No provision of this Act or any amendment made by this Act 
     shall apply to a procurement by or for the Department of 
     Defense to the extent that the Secretary of Defense, in 
     consultation with the Secretary of Commerce, the United 
     States Trade Representative, and the Secretary of State, 
     determines that it is inconsistent with United States 
     obligations under a trade agreement.

     SEC. 834. REPEAL OF CERTAIN REQUIREMENTS AND LIMITATIONS 
                   RELATING TO THE DEFENSE INDUSTRIAL BASE.

       (a) Essential Item Identification and Domestic Production 
     Capabilities Improvement.--Sections 812, 813, and 814 of the 
     National Defense Authorization Act for Fiscal Year 2004 
     (Public Law 108-136; 117 Stat. 1542, 1543, 1545; 10 U.S.C. 
     2501 note) are repealed.
       (b) Elimination of Unreliable Source for Items and 
     Components.--Section 821 of such Act (117 Stat. 1546; 10 
     U.S.C. 2534 note) is repealed.

         Subtitle E--Defense Acquisition and Support Workforce

     SEC. 841. LIMITATION AND REINVESTMENT AUTHORITY RELATING TO 
                   REDUCTION OF THE DEFENSE ACQUISITION AND 
                   SUPPORT WORKFORCE.

       (a) Limitation.--Notwithstanding any other provision of 
     law, the defense acquisition and support workforce may not be 
     reduced, during fiscal years 2005, 2006, and 2007, below the 
     level of that workforce as of September 30, 2003, determined 
     on the basis of full-time employee equivalence, except as may 
     be necessary to strengthen the defense acquisition and 
     support workforce in higher priority positions in accordance 
     with this section.
       (b) Increase and Realignment of Workforce.--(1)(A) During 
     fiscal years 2005, 2006, and 2007, the Secretary of Defense 
     shall increase the number of persons employed in the defense 
     acquisition and support workforce as follows:
       (i) During fiscal year 2005, to 105 percent of the baseline 
     number (as defined in subparagraph (B)).
       (ii) During fiscal year 2006, to 110 percent of the 
     baseline number.
       (iii) During fiscal year 2007, to 115 percent of the 
     baseline number.
       (B) In this paragraph, the term ``baseline number'', with 
     respect to persons employed in the defense acquisition and 
     support workforce, means the number of persons employed in 
     such workforce as of September 30, 2003 (determined on the 
     basis of full-time employee equivalence).
       (C) The Secretary of Defense may waive a requirement in 
     subparagraph (A) and, subject to subsection (a), employ in 
     the defense acquisition and support workforce a lesser number 
     of employees if the Secretary determines and certifies to the 
     congressional defense committees that the cost of increasing 
     such workforce to the larger size as required under that 
     subparagraph would exceed the savings to be derived from the 
     additional oversight that would be achieved by having a 
     defense acquisition and support workforce of such larger 
     size.
       (2) During fiscal years 2005, 2006, and 2007, the Secretary 
     of Defense may realign any part of the defense acquisition 
     and support workforce to support reinvestment in other, 
     higher priority positions in such workforce.
       (c) Higher Priority Positions.--For the purposes of this 
     section, higher priority positions in the defense acquisition 
     and support workforce include the following positions:
       (1) Positions the responsibilities of which include 
     drafting performance-based work statements for services 
     contracts and overseeing the performance of contracts awarded 
     pursuant to such work statements.
       (2) Positions the responsibilities of which include 
     conducting spending analyses, negotiating company-wide 
     pricing agreements, and taking other measures to reduce 
     contract costs.
       (3) Positions the responsibilities of which include 
     reviewing contractor quality control systems, assessing and 
     analyzing quality deficiency reports, and taking other 
     measures to improve product quality.
       (4) Positions the responsibilities of which include 
     effectively conducting public-private competitions in 
     accordance with Office of Management and Budget Circular A-
     76.
       (5) Any other positions in the defense acquisition and 
     support workforce that the Secretary of Defense identifies as 
     being higher priority positions that are staffed at levels 
     not likely to ensure efficient and effective performance of 
     all of the responsibilities of those positions.
       (d) Strategic Assessment and Plan.--(1) The Secretary of 
     Defense shall--
       (A) assess the extent to which the Department of Defense 
     can recruit, retain, train, and provide professional 
     development opportunities for acquisition professionals over 
     the 10-fiscal year period beginning with fiscal year 2005; 
     and
       (B) develop a human resources strategic plan for the 
     defense acquisition and support workforce that includes 
     objectives and planned actions for improving the management 
     of such workforce.
       (2) The Secretary shall submit to Congress, not later than 
     April 1, 2005, a report on the progress made in--
       (A) completing the assessment required under paragraph (1); 
     and
       (B) completing and implementing the strategic plan required 
     under such paragraph.
       (e) Defense Acquisition and Support Workforce Defined.--In 
     this section, the term ``defense acquisition and support 
     workforce'' means members of the Armed Forces and civilian 
     personnel who are assigned to, or are employed in, an 
     organization of the Department of Defense that has 
     acquisition as its predominant mission, as determined by the 
     Secretary of Defense.

     SEC. 842. DEFENSE ACQUISITION WORKFORCE IMPROVEMENTS.

       (a) Selection Criteria for Acquisition Corps and for 
     Critical Acquisition Positions.--(1) Section 1732(b)(1)(A) of 
     title 10, United States Code, is amended by striking ``within 
     grade GS-13 or above of'' and inserting ``for which the 
     employee is being paid at a rate of basic pay that equals or 
     exceeds the minimum rate of basic pay provided for grade GS-
     13 under''.
       (2) Section 1733(b)(1)(A)(i) of such title is amended by 
     striking ``in a position within grade GS-14 or above of the 
     General Schedule, or'' and inserting ``who is currently 
     serving in a position for which the employee is being paid at 
     a rate of basic pay that equals or exceeds the minimum rate 
     of basic pay provided for grade GS-14 under the General 
     Schedule or is required to be filled by an employee who is''.
       (b) Scholarship Program.--Section 1742 of such title is 
     amended--
       (1) by inserting ``(a) Required       Programs.--'' before 
     ``The Secretary of Defense shall conduct''; and
       (2) by adding at the end the following new subsection:
       ``(b) Scholarship Program Requirements.--(1) Each recipient 
     of a scholarship under a program conducted under subsection 
     (a)(3) shall be required to sign a written agreement that 
     sets forth the terms and conditions of the scholarship. The 
     agreement shall include the following:
       ``(A) Criteria for the recipient's continued eligibility 
     for the scholarship.
       ``(B) The terms of any requirement for the recipient to 
     reimburse the United States for educational assistance 
     provided under the scholarship upon--
       ``(i) a failure by the recipient to satisfy the criteria 
     for continued eligibility for the scholarship; or
       ``(ii) a termination of the recipient's service in the 
     Department of Defense before the end of any period of 
     obligated service provided in the agreement, as described in 
     paragraph (2).
       ``(2) Subject to paragraph (3)(C), a recipient of a 
     scholarship under the program shall reimburse the United 
     States the total amount of educational assistance provided to 
     the recipient under the program if the recipient is 
     voluntarily separated from service or involuntarily separated 
     for cause from the Department of Defense before the end of 
     any

[[Page S7625]]

     period for which the recipient has agreed, as a condition of 
     the scholarship, to continue in the service of the Department 
     of Defense in an acquisition position.
       ``(3)(A) If an employee fails to fulfill an agreement to 
     pay the Government any amount of educational assistance 
     provided to that person under the program, a sum equal to 
     such amount of the educational assistance is recoverable by 
     the Government from the employee or his estate by--
       ``(i) setoff against accrued pay, compensation, amount of 
     retirement credit, or other amount due the employee from the 
     Government; and
       ``(ii) such other method as is provided by law for the 
     recovery of amounts owing to the Government.
       ``(B) An obligation to reimburse the United States under an 
     agreement entered into under this subsection is for all 
     purposes a debt owed to the United States.
       ``(C) The Secretary of Defense may waive in whole or in 
     part a reimbursement required under this subsection or under 
     an agreement entered into under this subsection if the 
     Secretary determines that the recovery would be against 
     equity and good conscience or would be contrary to the best 
     interests of the United States.
       ``(D) A discharge in bankruptcy under title 11 that is 
     entered less than five years after the termination of an 
     agreement entered into under this subsection does not 
     discharge a person executing the agreement from a debt 
     arising under this subsection or such agreement.
       ``(4) Nothing in this subsection shall be considered to 
     require that a position be offered to a recipient of a 
     scholarship under the program after such recipient 
     successfully completes the course of education for which the 
     scholarship is granted. However, the agreement entered into 
     under this subsection with respect to such scholarship shall 
     be considered terminated if the recipient is not, within the 
     time specified in the agreement, offered a full-time 
     acquisition position in the Department of Defense that--
       ``(A) is commensurate with the recipient's academic degree 
     and experience; and
       ``(B) is--
       ``(i) in the excepted service, if the recipient has not 
     previously acquired competitive status, with the right, after 
     successful completion of two years of service and such other 
     requirements as the Office of Personnel Management may 
     prescribe, to be appointed to a position in the competitive 
     service, notwithstanding subchapter I of chapter 33 of title 
     5; or
       ``(ii) in the competitive service, if the recipient has 
     previously acquired competitive status.''.
       (c) Authority To Establish Different Minimum 
     Requirements.--(1) Section 1764(b) of such title is amended--
       (A) by redesignating paragraph (5) as paragraph (6); and
       (B) by inserting after paragraph (4) the following new 
     paragraph (5):
       ``(5) Deputy program manager.''.
       (2) Paragraph (1) of such section is amended by striking 
     ``in paragraph (5)'' and inserting ``in paragraph (6)''.

                Subtitle F--Public-Private Competitions

     SEC. 851. PUBLIC-PRIVATE COMPETITION FOR WORK PERFORMED BY 
                   CIVILIAN EMPLOYEES OF THE DEPARTMENT OF 
                   DEFENSE.

       (a) Limitation.--Section 2461(b) of title 10, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(5)(A) Notwithstanding subsection (d), a function of the 
     Department of Defense performed by 10 or more civilian 
     employees may not be converted, in whole or in part, to 
     performance by a contractor unless the conversion is based on 
     the results of a public-private competition process that--
       ``(i) formally compares the cost of civilian employee 
     performance of that function with the costs of performance by 
     a contractor;
       ``(ii) creates an agency tender, including a most efficient 
     organization plan, in accordance with Office of Management 
     and Budget Circular A-76, as implemented on May 29, 2003;
       ``(iii) requires continued performance of the function by 
     civilian employees unless the competitive sourcing official 
     concerned determines that, over all performance periods 
     stated in the solicitation of offers for performance of the 
     activity or function, the cost of performance of the activity 
     or function by a contractor would be less costly to the 
     Department of Defense by an amount that equals or exceeds the 
     lesser of $10,000,000 or 10 percent of the most efficient 
     organization's personnel-related costs for performance of 
     that activity or function by Federal employees; and
       ``(iv) ensures that the public sector bid would not be 
     disadvantaged in the cost comparison process by a proposal of 
     an offeror to reduce costs for the Department of Defense by 
     not making an employer-sponsored health insurance plan 
     available to the workers who are to be employed in the 
     performance of such function under a contract or by offering 
     to such workers an employer-sponsored health benefits plan 
     that requires the employer to contribute less towards the 
     premium or subscription share than that which is paid by the 
     Department of Defense for health benefits for civilian 
     employees under chapter 89 of title 5.
       ``(B) Any function that is performed by civilian employees 
     of the Department of Defense and is proposed to be 
     reengineered, reorganized, modernized, upgraded, expanded, or 
     changed in order to become more efficient shall not be 
     considered a new requirement for the purpose of the 
     competition requirements in subparagraph (A) or the 
     requirements for public-private competition in Office of 
     Management and Budget Circular A-76.
       ``(C) A function performed by more than 10 Federal 
     Government employees may not be separated into separate 
     functions for the purposes of avoiding the competition 
     requirement in subparagraph (A) or the requirements for 
     public-private competition in Office of Management and Budget 
     Circular A-76.
       ``(D) The Secretary of Defense may waive the requirement 
     for a public-private competition under subparagraph (A) in 
     specific instances if--
       ``(i) the written waiver is prepared by the Secretary of 
     Defense or the relevant Assistant Secretary of Defense, 
     Secretary of a military department, or head of a Defense 
     Agency;
       ``(ii) the written waiver is accompanied by a detailed 
     determination that national security interests are so 
     compelling as to preclude compliance with the requirement for 
     a public-private competition; and
       ``(iii) a copy of the waiver is published in the Federal 
     Register within 10 working days after the date on which the 
     waiver is granted, although use of the waiver need not be 
     delayed until its publication.''.
       (b) Inapplicability to Best-Value Source Selection Pilot 
     Program.--(1) Paragraph (5) of section 2461(b) of title 10, 
     United States Code, as added by subsection (a), shall not 
     apply with respect to the pilot program for best-value source 
     selection for performance of information technology services 
     authorized by section 336 of the National Defense 
     Authorization Act for Fiscal Year 2004 (Public Law 108-136; 
     117 Stat. 1444; 10 U.S.C. 2461 note).

     SEC. 852. PERFORMANCE OF CERTAIN WORK BY FEDERAL GOVERNMENT 
                   EMPLOYEES.

       (a) Guidelines.--(1) The Secretary of Defense shall 
     prescribe guidelines and procedures for ensuring that 
     consideration is given to using Federal Government employees 
     on a regular basis for work that is performed under 
     Department of Defense contracts and could be performed by 
     Federal Government employees.
       (2) The guidelines and procedures prescribed under 
     paragraph (1) shall provide for special consideration to be 
     given to contracts that--
       (A) have been performed by Federal Government employees at 
     any time on or after October 1, 1980;
       (B) are associated with the performance of inherently 
     governmental functions;
       (C) were not awarded on a competitive basis; or
       (D) have been determined by a contracting officer to be 
     poorly performed due to excessive costs or inferior quality.
       (b) New Requirements.--(1) No public-private competition 
     may be required under Office of Management and Budget 
     Circular A-76 or any other provision of law or regulation 
     before the performance of a new requirement by Federal 
     Government employees commences, the performance by Federal 
     Government employees of work pursuant to subsection (a) 
     commences, or the scope of an existing activity performed by 
     Federal Government employees is expanded. Office of 
     Management and Budget Circular A-76 shall be revised to 
     ensure that the heads of all Federal agencies give fair 
     consideration to the performance of new requirements by 
     Federal Government employees.
       (2) The Secretary of Defense shall, to the maximum extent 
     practicable, ensure that Federal Government employees are 
     fairly considered for the performance of new requirements, 
     with special consideration given to new requirements that 
     include functions that--
       (A) are similar to functions that have been performed by 
     Federal Government employees at any time on or after October 
     1, 1980; or
       (B) are associated with the performance of inherently 
     governmental functions.
       (c) Use of Flexible Hiring Authority.--The Secretary shall 
     include the use of the flexible hiring authority available 
     through the National Security Personnel System in order to 
     facilitate performance by Federal Government employees of new 
     requirements and work that is performed under Department of 
     Defense contracts.
       (d) Inspector General Report.--Not later than 180 days 
     after the enactment of this Act, the Inspector General of the 
     Department of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on the compliance of the Secretary of Defense with the 
     requirements of this section.
       (e) Definitions.--In this section:
       (1) The term ``National Security Personnel System'' means 
     the human resources management system established under the 
     authority of section 9902 of title 5, United States Code.
       (2) The term ``inherently governmental function'' has the 
     meaning given that term in section 5 of the Federal 
     Activities Inventory Reform Act of 1998 (Public Law 105-270; 
     112 Stat. 2384; 31 U.S.C. 501 note).

     SEC. 853. COMPETITIVE SOURCING REPORTING REQUIREMENT.

       Not later than February 1, 2005, the Inspector General of 
     the Department of Defense shall submit to Congress a report 
     addressing whether the Department of Defense--
       (1) employs a sufficient number of adequately trained 
     civilian employees--

[[Page S7626]]

       (A) to conduct satisfactorily, taking into account equity, 
     efficiency and expeditiousness, all of the public-private 
     competitions that are scheduled to be undertaken by the 
     Department of Defense during the next fiscal year (including 
     a sufficient number of employees to formulate satisfactorily 
     the performance work statements and most efficient 
     organization plans for the purposes of such competitions); 
     and
       (B) to administer any resulting contracts; and
       (2) has implemented a comprehensive and reliable system to 
     track and assess the cost and quality of the performance of 
     functions of the Department of Defense by service 
     contractors.

                       Subtitle G--Other Matters

     SEC. 861. INAPPLICABILITY OF CERTAIN FISCAL LAWS TO 
                   SETTLEMENTS UNDER SPECIAL TEMPORARY CONTRACT 
                   CLOSEOUT AUTHORITY.

       Section 804(a) of the National Defense Authorization Act 
     for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1541) is 
     amended--
       (1) by inserting ``(1)'' after ``(a) Authority.--''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Under regulations which the Secretary of Defense may 
     prescribe, a settlement of a financial account for a contract 
     for the procurement of property or services under paragraph 
     (1) may be made without regard to--
       ``(A) section 1301 of title 31, United States Code; and
       ``(B) any other provision of law that would preclude the 
     Secretary from charging payments under the contract--
       ``(i) to an unobligated balance in an appropriation 
     available for funding that contract; or
       ``(ii) if and to the extent that the unobligated balance 
     (if any) in such appropriation is insufficient for funding 
     such payments, to any current appropriation that is available 
     to the Department of Defense for funding contracts for the 
     procurement of the same or similar property or services.''.

     SEC. 862. DEMONSTRATION PROGRAM ON EXPANDED USE OF RESERVES 
                   TO PERFORM DEVELOPMENTAL TESTING, NEW EQUIPMENT 
                   TRAINING, AND RELATED ACTIVITIES.

       (a) Requirement for Program.--The Secretary of the Army 
     shall carry out a demonstration program on use of members of 
     reserve components of the Armed Forces to perform test, 
     evaluation, and related activities for an acquisition 
     program. The Secretary shall design and carry out the 
     demonstration program to achieve the purposes set forth in 
     subsection (b).
       (b) Purposes.--The purposes of the demonstration program 
     are as follows:
       (1) To determine whether cost savings and other benefits 
     result from use of members of reserve components of the Armed 
     Forces instead of contractor personnel to perform test and 
     evaluation activities for an acquisition program and related 
     acquisition, logistics, and new equipment training activities 
     for the acquisition program.
       (2) To evaluate the advisability of using appropriations 
     available for multiyear research, development, test, and 
     evaluation and appropriations available for multiyear 
     procurements to reimburse reserve components for the pay, 
     allowances, and other expenses paid to or for Reserves used 
     for the acquisition program as described in paragraph (1).
       (c) Reimbursement of Personnel Accounts Out of Procurement 
     and RDT&E Accounts.--(1) The Secretary of the Army may 
     transfer from funds available to the Army for an acquisition 
     program to a reserve component military personnel account the 
     amount necessary to reimburse that account for costs charged 
     to that account for military pay and allowances in connection 
     with the use of reserve component personnel for such 
     acquisition program under this section.
       (2) Not more than $10,000,000 may be transferred under this 
     subsection during any fiscal year of the demonstration 
     program.
       (3) Funds transferred to an account under this subsection 
     shall be merged with other sums in the account and shall be 
     available for the same period and purposes as the sums with 
     which merged.
       (4) The transfer authority under this subsection is in 
     addition to any other transfer authority provided in this or 
     any other Act.
       (d) Nonwaiver of Personnel and Training Policies and 
     Procedures.--Nothing in this section may be construed to 
     authorize any deviation from established personnel or 
     training policies or procedures that are applicable to the 
     reserve components of the personnel used under the 
     demonstration program.
       (e) Termination.--The demonstration program under this 
     section shall terminate on September 30, 2009.

     SEC. 863. APPLICABILITY OF COMPETITION EXCEPTIONS TO 
                   ELIGIBILITY OF NATIONAL GUARD FOR FINANCIAL 
                   ASSISTANCE FOR PERFORMANCE OF ADDITIONAL 
                   DUTIES.

       Section 113(b)(1)(B) of title 32, United States Code, is 
     amended by inserting before the period at the end the 
     following: ``, subject to the exceptions provided in section 
     2304(c) of title 10''.

     SEC. 864. MANAGEMENT PLAN FOR CONTRACTOR SECURITY PERSONNEL.

       (a) Requirement for Plan.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the congressional defense committees, the 
     Select Committee on Intelligence of the Senate, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives a plan for the management and oversight of 
     contractor security personnel by Federal Government personnel 
     in areas where the Armed Forces are engaged in military 
     operations. In the preparation of such plan, the Secretary 
     shall coordinate, as appropriate, with the heads of other 
     departments and agencies of the Federal Government that would 
     be affected by the implementation of the plan.
       (b) Policies and Procedures.--The plan under this section 
     shall set forth policies and procedures applicable to 
     contractor security personnel in potentially hazardous areas 
     of military operations. The policies and procedures shall 
     address the following matters:
       (1) Warning contractor security personnel of potentially 
     hazardous situations.
       (2) Coordinating the movement of contractor security 
     personnel, especially through areas of increased risk or 
     planned or ongoing military operations.
       (3) Rapidly identifying contractor security personnel by 
     members of the Armed Forces.
       (4) Sharing relevant threat information with contractor 
     security personnel, and receiving information gathered by 
     contractor security personnel for use by United States and 
     coalition forces.
       (5) Providing appropriate assistance to contractor security 
     personnel who become engaged in hostile situations.
       (6) Providing medical assistance for, and evacuation of, 
     contractor personnel who become casualties as a result of 
     enemy actions.
       (7) Investigating background and qualifications of 
     contractor security personnel and organizations.
       (8) Establishing rules of engagement for armed contractor 
     security personnel, and ensuring proper training and 
     compliance with the rules of engagement.
       (c) Options for Enhanced and Cost-Effective Contractor 
     Security.--The plan under subsection (a) shall include 
     assessed options for enhancing contractor security and 
     reducing contractor security costs in Iraq or in locations of 
     armed conflict in the future. The options covered shall 
     include the following:
       (1) Temporary commissioning of contractor security 
     personnel as reserve component officers in order to subject 
     such personnel to the military chain of command.
       (2) Requiring contractor security personnel to obtain 
     security clearances to facilitate the communication of 
     critical threat information.
       (3) Establishing a contract schedule for companies 
     furnishing contractor security personnel to provide a more 
     orderly process for the selection, training, and compensation 
     of such personnel.
       (4) Establishing a contract schedule for companies to 
     provide more cost-effective insurance for contractor security 
     personnel.
       (5) Providing for United States indemnification of 
     contractors to reduce the costs of insuring contractor 
     security personnel.

     SEC. 865. REPORT ON CONTRACTOR PERFORMANCE OF SECURITY, 
                   INTELLIGENCE, LAW ENFORCEMENT, AND CRIMINAL 
                   JUSTICE FUNCTIONS IN IRAQ.

       (a) Report Required.--Not later than 60 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the procurement of services, by an agency of the United 
     States Government or by the Coalition Provisional Authority, 
     for the performance of security, intelligence, law 
     enforcement, and criminal justice functions in Iraq.
       (b) Content.--The report under subsection (a) shall 
     include, at a minimum, the following:
       (1) Each security, intelligence, law enforcement, or 
     criminal justice function performed by a contractor in Iraq.
       (2) For each such function--
       (A) a determination of whether such function is an 
     inherently governmental function, together with a discussion 
     of the factual basis and rationale for that determination;
       (B) an explanation of the basis for the decision to rely on 
     a contractor to perform such function, including a discussion 
     of the extent to which the Armed Forces lacked the expertise 
     or manpower to perform that function using Armed Forces 
     personnel;
       (C) a description of the chain of command for the 
     contractor performing such function, together with a 
     discussion of the manner in which the United States 
     Government or the Coalition Provisional Authority supervises 
     and directs the contractor's performance of that function; 
     and
       (D) what sanctions are available to impose on any 
     contractor employee who--
       (i) fails to comply with a requirement of law or regulation 
     that applies to such employee in the performance of that 
     function; or
       (ii) engages in other misconduct in the performance of that 
     function.
       (3) An explanation of the legal status of contractor 
     employees in the performance of such functions after the 
     administration of the sovereign powers of Iraq is transferred 
     from the Coalition Provisional Authority to a government of 
     Iraq on June 30, 2004.
       (c) Coordination.--In the preparation of the report under 
     this section, the Secretary of Defense shall coordinate, as 
     appropriate, with the heads of any departments and agencies 
     of the Federal Government that are involved in the 
     procurement of services for the performance of functions 
     described in subsection (a).
       (d) Additional Congressional Recipients.--In addition to 
     submitting the report

[[Page S7627]]

     under this section to the congressional defense committees, 
     the Secretary of Defense shall also submit the report to the 
     Select Committee on Intelligence of the Senate and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.

     SEC. 866. ACCREDITATION STUDY OF COMMERCIAL OFF-THE-SHELF 
                   PROCESSES FOR EVALUATING INFORMATION TECHNOLOGY 
                   PRODUCTS AND SERVICES.

       (a) Requirement for Study.--The Secretary of Defense shall 
     carry out a study of commercial off-the-shelf processes that 
     are available for measuring the quality of information 
     technology and related services through assessment of the 
     production methods of the producers of the technology.
       (b) Purposes.--The purposes of the study of commercial off-
     the-shelf processes under subsection (a) are as follows:
       (1) To assess the value of such a process as a consistent 
     methodology for identifying high quality information 
     technology and the engineering sources capable of providing 
     high quality information technology and related services.
       (2) To determine whether to accredit such a process for use 
     in procurements of information technology and related 
     services throughout the Department of Defense.
       (c) Savings and Enhancements.--In carrying out the study 
     under subsection (a), the Secretary shall determine the 
     benefits that would result for the Department of Defense from 
     use throughout the Department of Defense of a commercial off-
     the-shelf process described in that subsection to measure the 
     quality of information technology products and services in 
     procurements described in subsection (b)(2), including--
       (1) projected annual savings in costs of development and 
     maintenance of information technology; and
       (2) quantified enhancements of productivity, schedule, 
     performance, deficiency rates, and predictability.
       (d) Baseline Data.--To define a baseline for measuring 
     benefits under subsection (c), the Secretary shall use 
     empirical data that is readily available to the Department of 
     Defense and contractor sources.
       (e) Information Considered.--The Secretary of Defense may 
     consider projections of savings and quantifications of 
     enhancements that are submitted by a contractor.
       (f) Information Technology Defined.--In this section, the 
     term ``information technology'' has the meaning given such 
     term in section 11101(6) of title 40, United States Code.

     SEC. 867. CONTRACTOR PERFORMANCE OF ACQUISITION FUNCTIONS 
                   CLOSELY ASSOCIATED WITH INHERENTLY GOVERNMENTAL 
                   FUNCTIONS.

       (a) Limitation.--(1) Chapter 141 of title 10, United States 
     Code, is amended by inserting after section 2382 the 
     following new section:

     ``Sec. 2383. Contractor performance of acquisition functions 
       closely associated with inherently governmental functions

       ``(a) Limitation.--The head of an agency may enter a 
     contract for the performance of acquisition functions closely 
     associated with inherently governmental functions only if the 
     Secretary determines that--
       ``(1) appropriate military or civilian personnel of the 
     Department of Defense cannot reasonably be made available to 
     perform the functions;
       ``(2) appropriate military or civilian personnel of the 
     Department of Defense are--
       ``(A) to supervise contractor performance of the contract; 
     and
       ``(B) to perform all inherently governmental functions 
     associated with the functions to be performed under the 
     contract; and
       ``(3) the contractor does not have an organizational 
     conflict of interest or the appearance of an organizational 
     conflict of interest in the performance of the functions 
     under the contract.
       ``(b) Definitions.--In this section:
       ``(1) The term `head of an agency' has the meaning given 
     such term in section 2302(1) of this title, except that such 
     term does not include the Secretary of Homeland Security or 
     the Administrator of the National Oceanic and Atmospheric 
     Administration.
       ``(2) The term `inherently governmental functions' has the 
     meaning given such term in subpart 7.5 of part 7 of the 
     Federal Acquisition Regulation.
       ``(3) The term `functions closely associated with 
     inherently governmental functions' means the functions 
     described in section 7.503(d) of the Federal Acquisition 
     Regulation.
       ``(4) The term `organizational conflict of interest' has 
     the meaning given such term in subpart 9.5 of part 9 of the 
     Federal Acquisition Regulation.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     2382 the following new item:

``2383. Contractor performance of acquisition functions closely 
              associated with inherently governmental functions.''.

       (b) Effective Date and Applicability.--Section 2383 of 
     title 10, United States Code (as added by subsection (a)), 
     shall take effect on the date of enactment of this Act and 
     shall apply to--
       (1) contracts entered into on or after such date;
       (2) any task or delivery order issued on or after such date 
     under a contract entered into before, on, or after such date; 
     and
       (3) any decision on or after such date to exercise an 
     option or otherwise extend a contract for program management 
     or oversight of contracts for the reconstruction of Iraq, 
     regardless of whether such program management or oversight 
     contract was entered into before, on, or after the date of 
     enactment of this Act.

     SEC. 868. CONTRACTING WITH EMPLOYERS OF PERSONS WITH 
                   DISABILITIES.

       (a) Inapplicability of Randolph-Sheppard Act.--The 
     Randolph-Sheppard Act does not apply to any contract 
     described in subsection (b) for so long as the contract is in 
     effect, including for any period for which the contract is 
     extended pursuant to an option provided in the contract.
       (b) Javits-Wagner-O'Day Contracts.--Subsection (a) applies 
     to any contract for the operation of a military mess hall, 
     military troop dining facility, or any similar dining 
     facility operated for the purpose of providing meals to 
     members of the Armed Forces that--
       (1) was entered into before the date of the enactment of 
     this Act with a nonprofit agency for the blind or an agency 
     for other severely handicapped in compliance with section 3 
     of the Javits-Wagner-O'Day Act (41 U.S.C. 48); and
       (2) either--
       (A) is in effect on such date; or
       (B) was in effect on the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2004 
     (Public Law 108-136).
       (c) Repeal of Superseded Law.--Section 852 of the National 
     Defense Authorization Act for Fiscal Year 2004 (Public Law 
     108-136; 117 Stat. 1556) is repealed.

     SEC. 869. ENERGY SAVINGS PERFORMANCE CONTRACTS.

       The Secretary of Defense shall, to the extent practicable, 
     exercise existing statutory authority, including the 
     authority provided by section 2865 of title 10, United States 
     Code, and section 8256 of title 42, United States Code, to 
     introduce life-cycle cost-effective upgrades to Federal 
     assets through shared energy savings contracting, demand 
     management programs, and utility incentive programs.

     SEC. 870. AVAILABILITY OF FEDERAL SUPPLY SCHEDULE SUPPLIES 
                   AND SERVICES TO UNITED SERVICE ORGANIZATIONS, 
                   INCORPORATED.

       Section 220107 of title 36, United States Code, is amended 
     by inserting after ``Department of Defense'' the following: 
     ``, including access to General Services Administration 
     supplies and services through the Federal Supply Schedule of 
     the General Services Administration,''.

     SEC. 871. ACQUISITION OF AERIAL REFUELING AIRCRAFT FOR THE 
                   AIR FORCE.

       (a) Compliance With Applicable Requirements.--The Secretary 
     of Defense shall ensure that the Secretary of the Air Force 
     does not proceed with the acquisition of aerial refueling 
     aircraft for the Air Force by lease or other contract, either 
     with full and open competition or under section 135 of the 
     National Defense Authorization Act for Fiscal Year 2004 
     (Public Law 108-136; 117 Stat. 1413) until the date that is 
     60 days after the date on which the Secretary Defense has--
       (1) reviewed all documentation for the acquisition, 
     including--
       (A) the completed aerial refueling analysis of alternatives 
     (AOA) required by section 134(b) of the National Defense 
     Authorization Act for Fiscal Year 2004, pursuant to 
     ``Analysis of Alternatives (AoA) Guidance of KC-135 
     Recapitalization'', dated February 24, 2004;
       (B) the completed aerial refueling portion of the Mobility 
     Capabilities Study;
       (C) a new validated capabilities document in accordance 
     with the applicable Chairman of Joint Chiefs of Staff 
     Instruction; and
       (D) the approval of a Defense Acquisition Board in 
     accordance with Department of Defense regulations; and
       (2) submitted to the congressional defense committees a 
     determination in writing that the acquisition is in 
     compliance with all currently applicable laws, Office of 
     Management and Budget circulars, and regulations.
       (b) Independent Review.--Not later than 45 days after the 
     Secretary of Defense makes the determination described in 
     paragraph (2) of subsection (a), the Comptroller General and 
     the Inspector General of the Department of Defense shall each 
     review the documentation referred to in paragraph (1) of such 
     subsection and submit to the congressional defense committees 
     a report on the extent to which the acquisition is--
       (1) in compliance with the requirements of this section and 
     all currently applicable laws, Office of Management and 
     Budget circulars, and regulations; and
       (2) consistent with the analysis of alternatives referred 
     to in subparagraph (A) of subsection (a)(1) and the other 
     documentation referred to in such subsection.
       (c) Limitation on Acquisition Beyond Low-Rate Initial 
     Production.--(1) The acquisition by lease or other contract 
     of any aerial refueling aircraft for the Air Force beyond 
     low-rate initial production shall be subject to, and for such 
     acquisition the Secretary of the Air Force shall comply with, 
     the requirements of sections 2366 and 2399 of title 10, 
     United States Code.
       (2) For the purposes of this subsection, the term ``low-
     rate initial production'', with respect to a lease, shall 
     have the same meaning as applies in the administration of 
     sections 2366 and 2399 of title 10, United States Code, with 
     regard to any other form of acquisition.
       (d) Source Selection for Integrated Support of Aerial 
     Refueling Aircraft

[[Page S7628]]

     Fleet.--For the selection of a provider of integrated support 
     for the aerial refueling aircraft fleet in any acquisition by 
     lease or other contract of aerial refueling aircraft for the 
     Air Force, the Secretary of the Air Force shall--
       (1) before selecting the provider, perform all analyses 
     required by law of--
       (A) the costs and benefits of--
       (i) the alternative of using Federal Government personnel 
     to provide such support; and
       (ii) the alternative of using contractor personnel to 
     provide such support;
       (B) the core logistics requirements;
       (C) use of performance-based logistics; and
       (D) the length of contract period; and
       (2) select the provider on the basis of fairly conducted 
     full and open competition (as defined in section 4(6) of the 
     Office of Federal Procurement Policy Act (41 U.S.C. 403(6))).
       (e) Price Information.--Before the Secretary of the Air 
     Force commits to acquiring by lease or other contract any 
     aerial refueling aircraft for the Air Force, the Secretary 
     shall require the manufacturer to provide, with respect to 
     commercial items covered by the lease or contract, 
     appropriate information on the prices at which the same or 
     similar items have previously been sold that is adequate for 
     evaluating the reasonableness of the price for the items.
       (f) Audit Services.--The Secretary of the Air Force shall 
     contact the Office of the Inspector General for the 
     Department of Defense for review and approval of any Air 
     Force use of non-Federal audit services for any lease or 
     other contract for the acquisition of aerial refueling 
     aircraft.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

                     Subtitle A--Reserve Components

     SEC. 901. MODIFICATION OF STATED PURPOSE OF THE RESERVE 
                   COMPONENTS.

       Section 10102 of title 10, United States Code, is amended 
     by striking ``, during and after the period needed to procure 
     and train additional units and qualified persons to achieve 
     the planned mobilization,''.

     SEC. 902. COMMISSION ON THE NATIONAL GUARD AND RESERVES.

       (a) Establishment.--There is established a commission to be 
     known as the ``Commission on the National Guard and 
     Reserves'' (hereafter in this section referred to as the 
     ``Commission'').
       (b) Composition.--(1) The Commission shall be composed of 
     13 members appointed as follows:
       (A) Three members appointed by the chairman of the 
     Committee on Armed Services of the Senate.
       (B) Three members appointed by the chairman of the 
     Committee on Armed Services of the House of Representatives.
       (C) Two members appointed by the ranking minority member of 
     the Committee on Armed Services of the Senate.
       (D) Two members appointed by the ranking minority member of 
     the Committee on Armed Service of the House of 
     Representatives.
       (E) Three members appointed by the Secretary of Defense.
       (2) The members of the Commission shall be appointed from 
     among persons who have knowledge and expertise in the 
     following areas:
       (A) National security.
       (B) Roles and missions of any of the Armed Forces.
       (C) The mission, operations, and organization of the 
     National Guard of the United States.
       (D) The mission, operations, and organization of the other 
     reserve components of the Armed Forces.
       (E) Military readiness of the Armed Forces.
       (F) Personnel pay and other forms of compensation.
       (G) Other personnel benefits, including health care.
       (3) Members of the Commission shall be appointed for the 
     life of the Commission. A vacancy in the membership of the 
     Commission shall not affect the powers of the Commission, but 
     shall be filled in the same manner as the original 
     appointment.
       (4) The Secretary of Defense shall designate a member of 
     the Commission to be chairman of the Commission.
       (c) Duties.--(1) The Commission shall carry out a study of 
     the following matters:
       (A) The roles and missions of the National Guard and the 
     other reserve components of the Armed Forces.
       (B) The compensation and other benefits, including health 
     care benefits, that are provided for members of the reserve 
     components under the laws of the United States.
       (2) In carrying out the study under paragraph (1), the 
     Commission shall--
       (A) assess the current roles and missions of the reserve 
     components and identify appropriate potential future roles 
     and missions for the reserve components;
       (B) assess the capabilities of the reserve components and 
     determine how the units and personnel of the reserve 
     components may be best used to support the military 
     operations of the Armed Forces and the achievement of 
     national security objectives, including homeland defense, of 
     the United States;
       (C) assess--
       (i) the current organization and structure of the National 
     Guard and the other reserve components; and
       (ii) the plans of the Department of Defense and the Armed 
     Forces for future organization and structure of the National 
     Guard and the other reserve components;
       (D) assess the manner in which the National Guard and the 
     other reserve components are currently organized and funded 
     for training and identify an organizational and funding 
     structure for training that best supports the achievement of 
     training objectives and operational readiness;
       (E) assess the effectiveness of the policies and programs 
     of the National Guard and the other reserve components for 
     achieving operational readiness and personnel readiness, 
     including medical and personal readiness;
       (F) assess--
       (i) the adequacy and appropriateness of the compensation 
     and benefits currently provided for the members of the 
     National Guard and the other reserve components, including 
     the availability of health care benefits and health 
     insurance; and
       (ii) the effects of proposed changes in compensation and 
     benefits on military careers in both the regular and the 
     reserve components of the Armed Forces;
       (G) identify various feasible options for improving the 
     compensation and other benefits available to the members of 
     the National Guard and the members of the other reserve 
     components and assess--
       (i) the cost-effectiveness of such options; and
       (ii) the foreseeable effects of such options on readiness, 
     recruitment, and retention of personnel for careers in the 
     regular and reserve components the Armed Forces;
       (H) assess the traditional military career paths for 
     members of the National Guard and the other reserve 
     components and identify alternative career paths that could 
     enhance professional development; and
       (I) assess the adequacy of the funding provided for the 
     National Guard and the other reserve components for several 
     previous fiscal years, including the funding provided for 
     National Guard and reserve component equipment and the 
     funding provided for National Guard and other reserve 
     component personnel in active duty military personnel 
     accounts and reserve military personnel accounts.
       (d) First Meeting.--The Commission shall hold its first 
     meeting not later than 30 days after the date on which all 
     members of the Commission have been appointed.
       (e) Administrative and Procedural Authorities.--(1) Except 
     as provided in paragraph (2), sections 955, 956, 957, 958, 
     and 959 of the National Defense Authorization Act for Fiscal 
     Year 1994 (Public Law 103-160; 107 Stat. 1740; 10 U.S.C 111 
     note) shall apply to the Commission.
       (2)(A) The daily rate of pay payable under section 957(a) 
     of Public Law 103-160 shall be equal to the daily rate of 
     basic pay prescribed for level IV of the Executive Schedule.
       (B) Section 957(f) of Public Law 103-160 (relating to 
     services of federally funded research and development 
     centers) shall not apply to the Commission.
       (3) The following provisions of law do not apply to the 
     Commission:
       (A) Section 3161 of title 5, United States Code.
       (B) The Federal Advisory Committee Act (5 U.S.C. App.).
       (f) Reports.--(1) Not later than March 31, 2005, the 
     Commission shall submit to the Committees on Armed Services 
     of the Senate and the House of Representatives a report 
     setting forth--
       (A) a strategic plan for the work of the Commission;
       (B) a discussion of the activities of the Commission; and
       (C) any initial findings of the Commission.
       (2) Not later than December 31, 2005, the Commission shall 
     submit a final report to the Committees of Congress referred 
     to in paragraph (1). The final report shall include any 
     recommendations that the Commission determines appropriate, 
     including any recommended legislation, policies, regulations, 
     directives, and practices.
       (g) Termination.--The Commission shall terminate 90 days 
     after the date on which the final report is submitted under 
     subsection (f)(2).
       (h) Annual Review Board.--(1)(A) Chapter 7 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 186. Reserve components: annual review

       ``(a) Independent Review Board.--The Secretary of Defense 
     shall appoint a board to review the reserve components of the 
     armed forces.
       ``(b) Composition of Board.--(1) The Secretary shall 
     appoint the members of the board from among persons who have 
     knowledge and expertise in the following areas:
       ``(A) National security.
       ``(B) Roles and missions of any of the armed forces.
       ``(C) The mission, operations, and organization of any of 
     the reserve components.
       ``(D) Military readiness of the armed forces.
       ``(E) Personnel pay and other forms of compensation.
       ``(F) Other personnel benefits, including health care.
       ``(2) The Secretary of Defense shall designate a member of 
     the board to be chairman of the board.
       ``(c) Duties.--The board shall, on an annual basis--
       ``(1) review--
       ``(A) the roles and missions of the reserve components; and
       ``(B) the compensation and other benefits, including health 
     care benefits, that are provided for members of the reserve 
     components under the laws of the United States; and

[[Page S7629]]

       ``(2) submit to the Secretary of Defense a report on the 
     review, which shall include the findings of the board 
     regarding the matters reviewed and any recommendations that 
     the board considers appropriate regarding those matters.
       ``(d) Report to Congress.--Promptly after receiving the 
     report under subsection (c)(2), the Secretary shall transmit 
     the report, together with any comments and recommendations 
     that the Secretary considers appropriate, to the Committee on 
     Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives.
       ``(e) Administrative Provisions.--Section 180(d) of this 
     title shall apply to the members of the review board 
     appointed under this section.''.
       (B) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``186. Reserve components: annual review.''.
       (2) The first review board under section 186 of title 10, 
     United States Code (as added by paragraph (1)), shall be 
     appointed during fiscal year 2006.

     SEC. 903. CHAIN OF SUCCESSION FOR THE CHIEF OF THE NATIONAL 
                   GUARD BUREAU.

       (a) Senior Officer.--(1) Section 10502 of title 10, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(e) Succession.--Unless otherwise directed by the 
     President or the Secretary of Defense, the most senior 
     officer among the officers of the Army National Guard of the 
     United States and the officers of the Air National Guard of 
     the United States performing the duties of positions in the 
     National Guard Bureau shall act as the Chief of the National 
     Guard Bureau during any period that--
       ``(1) there is a vacancy in the position of Chief of the 
     National Guard Bureau; or
       ``(2) the Chief is unable to perform the duties of that 
     position.''.
       (2)(A) The heading of such section is amended by adding at 
     the end the following: ``; succession''.
       (B) The item relating to such section in the table of 
     sections at the beginning of chapter 1011 of such title is 
     amended to read as follows:

``10502. Chief of the National Guard Bureau: appointment; adviser on 
              National Guard matters; grade; succession.''.
       (b) Conforming Amendment.--Section 10505 of such title is 
     amended by striking subsections (d) and (e).

     SEC. 904. REDESIGNATION OF VICE CHIEF OF THE NATIONAL GUARD 
                   BUREAU AS DIRECTOR OF THE JOINT STAFF OF THE 
                   NATIONAL GUARD BUREAU.

       (a) Redesignation of Position.--Subsection (a)(1) of 
     section 10505 of title 10, United States Code, is amended by 
     striking ``Vice Chief of the National Guard Bureau'' and 
     inserting ``Director of the Joint Staff of the National Guard 
     Bureau''.
       (b) Conforming Amendments.--(1) Subsections (a)(3)(A), 
     (a)(3)(B), (b), (c), and (d) of section 10505 of title 10, 
     United States Code, are amended by striking ``Vice Chief of 
     the National Guard Bureau'' and inserting ``Director of the 
     Joint Staff of the National Guard Bureau''.
       (2) Subsection (a)(3)(B) of such section, as amended by 
     paragraph (1), is further amended by striking ``as the Vice 
     Chief'' and inserting ``as the Director''.
       (3) Paragraphs (2) and (4) of subsection (a) of such 
     section are amended by striking ``Chief and Vice Chief of the 
     National Guard Bureau'' and inserting ``Chief of the National 
     Guard Bureau and the Director of the Joint Staff of the 
     National Guard Bureau''.
       (4)(A) Subsection (e) of such section is amended--
       (i) by striking ``Chief and Vice Chief of the National 
     Guard Bureau or in the absence or disability of both the 
     Chief and Vice Chief of the National Guard Bureau'' and 
     inserting ``Chief of the National Guard Bureau and the 
     Director of the Joint Staff of the National Guard Bureau or 
     in the absence or disability of both the Chief and the 
     Director''; and
       (ii) by striking ``Chief or Vice Chief'' both places it 
     appears and inserting ``Chief or Director''.
       (B) The heading for such subsection is amended by striking 
     ``Vice Chief.--'' and inserting ``Director of the Joint 
     Staff.--''.
       (5) Section 10506(a)(1) of title 10, United States Code, is 
     amended by striking ``Chief and Vice Chief of the National 
     Guard Bureau'' and inserting ``Chief of the National Guard 
     Bureau and the Director of the Joint Staff of the National 
     Guard Bureau''.
       (c) Clerical Amendments.--(1) The heading for section 10505 
     of title 10, United States Code, is amended to read as 
     follows:

     ``Sec. 10505. Director of the Joint Staff of the National 
       Guard Bureau''.

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 1011 of such title is 
     amended to read as follows:

``10505. Director of the Joint Staff of the National Guard Bureau.''.
       (d) Other References.--Any reference that is made in any 
     law, regulation, document, paper, or other record of the 
     United States to the Vice Chief of the National Guard Bureau 
     shall be deemed to be a reference to the Director of the 
     Joint Staff of the National Guard Bureau.

     SEC. 905. AUTHORITY TO REDESIGNATE THE NAVAL RESERVE.

       (a) Authority of Secretary of the Navy.--The Secretary of 
     the Navy may, with the approval of the President, redesignate 
     the Naval Reserve as the ``Navy Reserve'' effective on the 
     date that is 180 days after the date on which the Secretary 
     submits recommended legislation under subsection (b).
       (b) Recommended Legislation.--If the Secretary of the Navy 
     exercises the authority to redesignate the Naval Reserve 
     under subsection (a), the Secretary shall submit to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives recommended 
     legislation that identifies each specific provision of law 
     that refers to the Naval Reserve and sets forth an amendment 
     to that specific provision of law to conform the reference to 
     the new designation.
       (c) Effect of Redesignation.--On and after the effective 
     date of a redesignation of the Naval Reserve under subsection 
     (a), any reference in any law, map, regulation, document, 
     paper, or other record of the United States to the Naval 
     Reserve shall be deemed to be a reference to the Navy 
     Reserve.

     SEC. 906. HOMELAND SECURITY ACTIVITIES OF THE NATIONAL GUARD.

       (a) Authority.--Chapter 1 of title 32, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 116. Homeland security activities

       ``(a) Use of Personnel Performing Full-Time National Guard 
     Duty.--The Governor of a State may, upon the request by the 
     head of a Federal agency and with the concurrence of the 
     Secretary of Defense, order any personnel of the National 
     Guard of the State to perform full-time National Guard duty 
     under section 502(f) of this title for the purpose of 
     carrying out homeland security activities, as described in 
     subsection (b).
       ``(b) Purpose and Duration.--(1) The purpose for the use of 
     personnel of the National Guard of a State under this section 
     is to temporarily provide trained and disciplined personnel 
     to a Federal agency to assist that agency in carrying out 
     homeland security activities.
       ``(2) The duration of the use of the National Guard of a 
     State under this section shall be limited to a period of 180 
     days. The Governor of the State may, with the concurrence of 
     the Secretary of Defense, extend the period one time for an 
     additional 90 days to meet extraordinary circumstances.
       ``(c) Relationship to Required Training.-- A member of the 
     National Guard serving on full-time National Guard duty under 
     orders authorized under subsection (a) shall participate in 
     the training required under section 502(a) of this title in 
     addition to the duty performed for the purpose authorized 
     under that subsection. The pay, allowances, and other 
     benefits of the member while participating in the training 
     shall be the same as those to which the member is entitled 
     while performing duty for the purpose of carrying out 
     homeland security activities. The member is not entitled to 
     additional pay, allowances, or other benefits for 
     participation in training required under section 502(a)(1) of 
     this title.
       ``(d) Readiness.--To ensure that the use of units and 
     personnel of the National Guard of a State for homeland 
     security activities does not degrade the training and 
     readiness of such units and personnel, the following 
     requirements shall apply in determining the homeland security 
     activities that units and personnel of the National Guard of 
     a State may perform:
       ``(1) The performance of the activities may not adversely 
     affect the quality of that training or otherwise interfere 
     with the ability of a member or unit of the National Guard to 
     perform the military functions of the member or unit.
       ``(2) National Guard personnel will not degrade their 
     military skills as a result of performing the activities.
       ``(3) The performance of the activities will not result in 
     a significant increase in the cost of training.
       ``(4) In the case of homeland security performed by a unit 
     organized to serve as a unit, the activities will support 
     valid unit training requirements.
       ``(e) Payment of Costs.--(1) The Secretary of Defense shall 
     provide funds to the Governor of a State to pay costs of the 
     use of personnel of the National Guard of the State for the 
     performance of homeland security activities under this 
     section. Such funds shall be used for the following costs:
       ``(A) The pay, allowances, clothing, subsistence, 
     gratuities, travel, and related expenses (including all 
     associated training expenses, as determined by the 
     Secretary), as authorized by State law, of personnel of the 
     National Guard of that State used, while not in Federal 
     service, for the purpose of homeland security activities.
       ``(B) The operation and maintenance of the equipment and 
     facilities of the National Guard of that State used for the 
     purpose of homeland security activities.
       ``(2) The Secretary of Defense shall require the head of an 
     agency receiving support from the National Guard of a State 
     in the performance of homeland security activities under this 
     section to reimburse the Department of Defense for the 
     payments made to the State for such support under paragraph 
     (1).
       ``(f) Memorandum of Agreement.--The Secretary of Defense 
     and the Governor of a State shall enter into a memorandum of 
     agreement with the head of each Federal agency to which the 
     personnel of the National Guard of that State are to provide 
     support in the performance of homeland security activities 
     under this section. The memorandum of agreement shall--

[[Page S7630]]

       ``(1) specify how personnel of the National Guard are to be 
     used in homeland security activities;
       ``(2) include a certification by the Adjutant General of 
     the State that those activities are to be performed at a time 
     when the personnel are not in Federal service;
       ``(3) include a certification by the Adjutant General of 
     the State that--
       ``(A) participation by National Guard personnel in those 
     activities is service in addition to training required under 
     section 502 of this title; and
       ``(B) the requirements of subsection (d) of this section 
     will be satisfied;
       ``(4) include a certification by the Attorney General of 
     the State (or, in the case of a State with no position of 
     Attorney General, a civilian official of the State equivalent 
     to a State attorney general), that the use of the National 
     Guard of the State for the activities provided for under the 
     memorandum of agreement is authorized by, and is consistent 
     with, State law;
       ``(5) include a certification by the Governor of the State 
     or a civilian official of the State designated by the 
     Governor that the activities provided for under the 
     memorandum of agreement serve a State security purpose; and
       ``(6) include a certification by the head of the Federal 
     agency that the agency will have a plan to ensure that the 
     agency's requirement for National Guard support ends not 
     later than 179 days after the commencement of the support.
       ``(g) Exclusion From End-Strength Computation.--
     Notwithstanding any other provision of law, members of the 
     National Guard on active duty or full-time National Guard 
     duty for the purposes of administering (or during fiscal year 
     2003 otherwise implementing) this section shall not be 
     counted toward the annual end strength authorized for 
     Reserves on active duty in support of the reserve components 
     of the armed forces or toward the strengths authorized in 
     sections 12011 and 12012 of title 10.
       ``(h) Annual Report.--The Secretary of Defense shall submit 
     to Congress an annual report regarding any assistance 
     provided and activities carried out under this section during 
     the preceding fiscal year. The report shall include the 
     following:
       ``(1) The number of members of the National Guard excluded 
     under subsection (g) from the computation of end strengths.
       ``(2) A description of the homeland security activities 
     conducted with funds provided under this section.
       ``(3) An accounting of the amount of funds provided to each 
     State.
       ``(4) A description of the effect on military training and 
     readiness of using units and personnel of the National Guard 
     to perform homeland security activities under this section.
       ``(i) Statutory Construction.--Nothing in this section 
     shall be construed as a limitation on the authority of any 
     unit of the National Guard of a State, when such unit is not 
     in Federal service, to perform functions authorized to be 
     performed by the National Guard by the laws of the State 
     concerned.
       ``(j) Definitions.--For purposes of this section:
       ``(1) The term `Governor of a State' means, in the case of 
     the District of Columbia, the Commanding General of the 
     National Guard of the District of Columbia.
       ``(2) The term `State' means each of the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, or 
     a territory or possession of the United States.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such section is amended by adding at the end the 
     following new item:

``116. Homeland security activities.''.

                       Subtitle B--Other Matters

     SEC. 911. STUDY OF ROLES AND AUTHORITIES OF THE DIRECTOR OF 
                   DEFENSE RESEARCH AND ENGINEERING.

       (a) Study Required.--The Secretary of Defense shall carry 
     out a study of the roles and authorities of the Director of 
     Defense Research and Engineering.
       (b) Content of Study.--The study under this section shall 
     include the following:
       (1) An examination of the past and current roles and 
     authorities of the Director of Defense Research and 
     Engineering.
       (2) An analysis to determine appropriate future roles and 
     authorities for the Director, including an analysis of the 
     following matters:
       (A) The relationship of the Director to other senior 
     science and technology and acquisition officials of the 
     military departments and the Defense Agencies
       (B) The relationship of the Director to the performance of 
     the following functions:
       (i) The planning, programming, and budgeting of the science 
     and technology programs of the Department of Defense, 
     including those of the military departments and the Defense 
     Agencies.
       (ii) The management of Department of Defense laboratories 
     and technical centers, including the management of the 
     Federal Government scientific and technical workforce for 
     such laboratories and centers.
       (iii) The promotion of the rapid transition of technologies 
     to acquisition programs within the Department of Defense.
       (iv) The promotion of the transfer of technologies into and 
     from the commercial sector.
       (v) The coordination of Department of Defense science and 
     technology activities with organizations outside the 
     Department of Defense, including other Federal Government 
     agencies, international research organizations, industry, and 
     academia.
       (vi) The technical review of Department of Defense 
     acquisition programs and policies.
       (vii) The training and educational activities for the 
     national scientific and technical workforce.
       (viii) The development of science and technology policies 
     and programs relating to the maintenance of the national 
     technology and industrial base.
       (3) An examination of the duties of the Director as the 
     Chief Technology Officer of the Department of Defense, 
     especially in comparison to the duties of similar positions 
     in the Federal Government and industry.
       (4) An examination of any other matters that the Secretary 
     considers appropriate for the study.
       (c) Report.--(1) Not later than February 1, 2006, the 
     Secretary shall submit a report on the results of the study 
     under this section to the congressional defense committees.
       (2) The report shall include recommendations regarding the 
     appropriate roles, authorities, and resources that should be 
     assigned to the Director of Defense Research and Engineering 
     in order to enable the Director to serve effectively as the 
     Chief Technology Officer of the Department of Defense and to 
     support the transformation of the Armed Forces.
       (d) Role of Defense Science Board in Study and Report.--The 
     Secretary shall act through the Defense Science Board in 
     carrying out the study under this section and preparing the 
     report under subsection (c).

     SEC. 912. DIRECTORS OF SMALL BUSINESS PROGRAMS.

       (a) Redesignation of Existing Positions and Offices.--(1) 
     Each of the following positions within the Department of 
     Defense is redesignated as the Director of Small Business 
     Programs:
       (A) The Director of Small and Disadvantaged Business 
     Utilization of the Department of Defense.
       (B) The Director of Small and Disadvantaged Business 
     Utilization of the Department of the Army.
       (C) The Director of Small and Disadvantaged Business 
     Utilization of the Department of the Navy.
       (D) The Director of Small and Disadvantaged Business 
     Utilization of the Department of the Air Force.
       (2) Each of the following offices within the Department of 
     Defense is redesignated as the Office of Small Business 
     Programs:
       (A) The Office of Small and Disadvantaged Business 
     Utilization of the Department of Defense.
       (B) The Office of Small and Disadvantaged Business 
     Utilization of the Department of the Army.
       (C) The Office of Small and Disadvantaged Business 
     Utilization of the Department of the Navy.
       (D) The Office of Small and Disadvantaged Business 
     Utilization of the Department of the Air Force.
       (3) Any reference that is made in any law, regulation, 
     document, paper, or other record of the United States to a 
     position or office redesignated by paragraph (1) or (2) shall 
     be deemed to be a reference to the position or office as so 
     redesignated.
       (b) Department of Defense Position and Office.--(1) Chapter 
     4 of title 10, United States Code, is amended by inserting 
     after section 133b the following new section:

     ``Sec. 133c. Director of Small Business Programs

       ``(a) Director.--There is a Director of Small Business 
     Programs in the Department of Defense. The Director is 
     appointed by the Secretary of Defense.
       ``(b) Office of Small Business Programs.--The Office of 
     Small Business Programs of the Department of Defense is the 
     office that is established within the Office of the Secretary 
     of Defense under section 15(k) of the Small Business Act (15 
     U.S.C. 644(k)). The Director of Small Business Programs is 
     the head of such office.
       ``(c) Duties and Powers.--(1) The Director of Small 
     Business Programs shall, subject to paragraph (2), perform 
     such duties regarding small business programs of the 
     Department of Defense, and shall exercise such powers 
     regarding those programs, as the Secretary of Defense may 
     prescribe.
       ``(2) Section 15(k) of the Small Business Act (15 U.S.C. 
     644(k)), except for the designations of the Director and the 
     Office, applies to the Director of Small Business 
     Programs.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     133b the following new item:

``133c. Director of Small Business Programs.''.

       (c) Department of the Army Position and Office.--(1) 
     Chapter 303 of title 10, United States Code, is amended by 
     adding at the end the following new section:

     ``Sec. 3024. Director of Small Business Programs

       ``(a) Director.--There is a Director of Small Business 
     Programs in the Department of the Army. The Director is 
     appointed by the Secretary of the Army.
       ``(b) Office of Small Business Programs.--The Office of 
     Small Business Programs of the Department of the Army is the 
     office that is established within the Department of the Army 
     under section 15(k) of the Small Business Act (15 U.S.C. 
     644(k)). The Director of Small Business Programs is the head 
     of such office.

[[Page S7631]]

       ``(c) Duties and Powers.--(1) The Director of Small 
     Business Programs shall, subject to paragraph (2), perform 
     such duties regarding small business programs of the 
     Department of the Army, and shall exercise such powers 
     regarding those programs, as the Secretary of the Army may 
     prescribe.
       ``(2) Section 15(k) of the Small Business Act (15 U.S.C. 
     644(k)), except for the designations of the Director and the 
     Office, applies to the Director of Small Business 
     Programs.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``3024. Director of Small Business Programs.''.

       (d) Department of the Navy Position and Office.--(1) 
     Chapter 503 of title 10, United States Code, is amended by 
     adding at the end the following new section:

     ``Sec. 5028. Director of Small Business Programs

       ``(a) Director.--There is a Director of Small Business 
     Programs in the Department of the Navy. The Director is 
     appointed by the Secretary of the Navy.
       ``(b) Office of Small Business Programs.--The Office of 
     Small Business Programs of the Department of the Navy is the 
     office that is established within the Department of the Navy 
     under section 15(k) of the Small Business Act (15 U.S.C. 
     644(k)). The Director of Small Business Programs is the head 
     of such office.
       ``(c) Duties and Powers.--(1) The Director of Small 
     Business Programs shall, subject to paragraph (2), perform 
     such duties regarding small business programs of the 
     Department of the Navy, and shall exercise such powers 
     regarding those programs, as the Secretary of the Navy may 
     prescribe.
       ``(2) Section 15(k) of the Small Business Act (15 U.S.C. 
     644(k)), except for the designations of the Director and the 
     Office, applies to the Director of Small Business 
     Programs.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``5028. Director of Small Business Programs.''.

       (d) Department of the Air Force Position and Office.--(1) 
     Chapter 803 of title 10, United States Code, is amended by 
     adding at the end the following new section:

     ``Sec. 8024. Director of Small Business Programs

       ``(a) Director.--There is a Director of Small Business 
     Programs in the Department of the Air Force. The Director is 
     appointed by the Secretary of the Air Force.
       ``(b) Office of Small Business Programs.--The Office of 
     Small Business Programs of the Department of the Air Force is 
     the office that is established within the Department of the 
     Air Force under section 15(k) of the Small Business Act (15 
     U.S.C. 644(k)). The Director of Small Business Programs is 
     the head of such office.
       ``(c) Duties and Powers.--(1) The Director of Small 
     Business Programs shall, subject to paragraph (2), perform 
     such duties regarding small business programs of the 
     Department of the Air Force, and shall exercise such powers 
     regarding those programs, as the Secretary of the Air Force 
     may prescribe.
       ``(2) Section 15(k) of the Small Business Act (15 U.S.C. 
     644(k)), except for the designations of the Director and the 
     Office, applies to the Director of Small Business 
     Programs.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``8024. Director of Small Business Programs.''.

     SEC. 913. LEADERSHIP POSITIONS FOR THE NAVAL POSTGRADUATE 
                   SCHOOL.

       (a) Designation of President.--(1) The position of 
     Superintendent of the Naval Postgraduate School is 
     redesignated as President of the Naval Postgraduate School.
       (2) Any reference to the Superintendent of the Naval 
     Postgraduate School in any law, rule, regulation, document, 
     record, or other paper of the United States shall be deemed 
     to be a reference to the President of the Naval Postgraduate 
     School.
       (3) Sections 7042, 7044, 7048(a), and 7049(e) of title 10, 
     United States Code, are amended by striking 
     ``Superintendent'' each place it appears and inserting 
     ``President''.
       (4) The heading of section 7042 of such title is amended by 
     striking ``Superintendent;'' in the section heading and 
     inserting ``President;''.
       (b) Provost and Academic Dean.--(1) The position of 
     Academic Dean of the Naval Postgraduate School is 
     redesignated as Provost and Academic Dean of the Naval 
     Postgraduate School.
       (2) Any reference to the Academic Dean of the Naval 
     Postgraduate School in any law, rule, regulation, document, 
     record, or other paper of the United States shall be deemed 
     to be a reference to the Provost and Academic Dean of the 
     Naval Postgraduate School.
       (3)(A) Subsection (a) of section 7043 of title 10, United 
     States Code, is amended to read as follows:
       ``(a) There is at the Naval Postgraduate School the single 
     civilian position of Provost and Academic Dean. The Provost 
     and Academic Dean shall be appointed, to serve for periods of 
     not more than five years, by the Secretary of the Navy. 
     Before making an appointment to the position of Provost and 
     Academic Dean, the Secretary shall consult with the Board of 
     Advisors for the Naval Postgraduate School and consider any 
     recommendation of the leadership and faculty of the Naval 
     Postgraduate School regarding an appointment to the 
     position.''.
       (B) The heading of such section is amended to read as 
     follows:

     ``Sec. 7043. Provost and Academic Dean''.

       (4) Sections 7043(b) and 7081(a) of title 10, United States 
     Code, are amended by striking ``Academic Dean'' and inserting 
     ``Provost and Academic Dean''.
       (5) Section 5102(c)(10) of title 5, United States Code, is 
     amended by striking ``Academic Dean of the Postgraduate 
     School of the Naval Academy'' and inserting ``Provost and 
     Academic Dean of the Naval Postgraduate School''.
       (c) Clerical Amendments.--The table of sections at the 
     beginning of chapter 605 of such title 10, United States 
     Code, is amended by striking the items related to sections 
     7042 and 7043 and inserting the following new items:

``7042. President: assistants.
``7043. Provost and Academic Dean.''.

     SEC. 914. UNITED STATES MILITARY CANCER INSTITUTE.

       (a) Establishment.--Chapter 104 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2117. United States Military Cancer Institute

       ``(a) Establishment.--(1) There is a United States Military 
     Cancer Institute in the University. The Director of the 
     United States Military Cancer Institute is the head of the 
     Institute.
       ``(2) The Institute is composed of clinical and basic 
     scientists in the Department of Defense who have an expertise 
     in research, patient care, and education relating to oncology 
     and who meet applicable criteria for participation in the 
     Institute.
       ``(3) The components of the Institute include military 
     treatment and research facilities that meet applicable 
     criteria and are designated as affiliates of the Institute.
       ``(b) Research.--(1) The Director of the United States 
     Military Cancer Institute shall carry out research studies on 
     the following:
       ``(A) The epidemiological features of cancer, including 
     assessments of the carcinogenic effect of genetic and 
     environmental factors, and of disparities in health, inherent 
     or common among populations of various ethnic origins.
       ``(B) The prevention and early detection of cancer.
       ``(C) Basic, translational, and clinical investigation 
     matters relating to the matters described in subparagraphs 
     (A) and (B).
       ``(2) The research studies under paragraph (1) shall 
     include complementary research on oncologic nursing.
       ``(c) Collaborative Research.--The Director of the United 
     States Military Cancer Institute shall carry out the research 
     studies under subsection (b) in collaboration with other 
     cancer research organizations and entities selected by the 
     Institute for purposes of the research studies.
       ``(d) Annual Report.--(1) Promptly after the end of each 
     fiscal year, the Director of the United States Military 
     Cancer Institute shall submit to the President of the 
     University a report on the results of the research studies 
     carried out under subsection (b).
       ``(2) Not later than 60 days after receiving the annual 
     report under paragraph (1), the President of the University 
     shall transmit such report to the Secretary of Defense and to 
     Congress.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``2117. United States Military Cancer Institute.''.

     SEC. 915. AUTHORITIES OF THE JUDGE ADVOCATES GENERAL.

       (a) Department of the Army.--(1) Section 3019(b) of title 
     10, United States Code, is amended by striking ``The General 
     Counsel'' and inserting ``Subject to sections 806 and 3037 of 
     this title, the General Counsel''.
       (2)(A) Section 3037 of such title is amended to read as 
     follows:

     ``Sec. 3037. Judge Advocate General, Assistant Judge Advocate 
       General: appointment; duties

       ``(a) Position of Judge Advocate General.--There is a Judge 
     Advocate General in the Army, who is appointed by the 
     President, by and with the advice and consent of the Senate, 
     from officers of the Judge Advocate General's Corps. The term 
     of office is four years, but may be sooner terminated or 
     extended by the President. The Judge Advocate General, while 
     so serving, has the grade of lieutenant general.
       ``(b) Appointment.--The Judge Advocate General of the Army 
     shall be appointed from those officers who at the time of 
     appointment are members of the bar of a Federal court or the 
     highest court of a State or Territory, and who have had at 
     least eight years of experience in legal duties as 
     commissioned officers.
       ``(c) Duties.--The Judge Advocate General, in addition to 
     other duties prescribed by law--
       ``(1) is the legal adviser of the Secretary of the Army, 
     the Chief of Staff of the Army, and the Army Staff, and of 
     all offices and agencies of the Department of the Army;
       ``(2) shall direct and supervise the members of the Judge 
     Advocate General's Corps and civilian attorneys employed by 
     the Department of the Army (other than those assigned

[[Page S7632]]

     or detailed to the Office of the General Counsel of the Army) 
     in the performance of their duties;
       ``(3) shall direct and supervise the performance of duties 
     under chapter 47 of this title (the Uniform Code of Military 
     Justice) by any member of the Army;
       ``(4) shall receive, revise, and have recorded the 
     proceedings of courts of inquiry and military commissions; 
     and
       ``(5) shall perform such other legal duties as may be 
     directed by the Secretary of the Army.
       ``(d) Position of Assistant Judge Advocate General.--There 
     is an Assistant Judge Advocate General in the Army, who is 
     appointed by the President, by and with the advice and 
     consent of the Senate, from officers of the Army who have the 
     qualifications prescribed in subsection (b) for the Judge 
     Advocate General. The term of office of the Assistant Judge 
     Advocate General is four years, but may be sooner terminated 
     or extended by the President. An officer appointed as 
     Assistant Judge Advocate General who holds a lower regular 
     grade shall be appointed in the regular grade of major 
     general.
       ``(e) Appointments Recommended by Selection Boards.--Under 
     regulations prescribed by the Secretary of Defense, the 
     Secretary of the Army, in selecting an officer for 
     recommendation to the President under subsection (a) for 
     appointment as the Judge Advocate General or under subsection 
     (d) for appointment as the Assistant Judge Advocate General, 
     shall ensure that the officer selected is recommended by a 
     board of officers that, insofar as practicable, is subject to 
     the procedures applicable to selection boards convened under 
     chapter 36 of this title.''.
       (B) The item relating to such section in the table of 
     sections at the beginning of chapter 305 of such title is 
     amended to read as follows:

``3037. Judge Advocate General, Assistant Judge Advocate General: 
              appointment; duties.''.

       (b) Department of the Navy.--(1) Section 5019(b) of title 
     10, United States Code, is amended by striking ``The General 
     Counsel'' and inserting ``Subject to sections 806 and 5148 of 
     this title, the General Counsel''.
       (2) Section 5148 of such title is amended--
       (A) in subsection (b), by striking the fourth sentence and 
     inserting the following: ``The Judge Advocate General, while 
     so serving, has the grade of vice admiral or lieutenant 
     general, as appropriate.''; and
       (B) by striking subsection (d) and inserting the following:
       ``(d) The Judge Advocate General, in addition to other 
     duties prescribed by law--
       ``(1) is the legal adviser of the Secretary of the Navy, 
     the Chief of Naval Operations, and all offices, bureaus, and 
     agencies of the Department of the Navy;
       ``(2) shall direct and supervise the judge advocates of the 
     Navy and the Marine Corps and civilian attorneys employed by 
     the Department of the Navy (other than those assigned or 
     detailed to the Office of the General Counsel of the Navy) in 
     the performance of their duties;
       ``(3) shall direct and supervise the performance of duties 
     under chapter 47 of this title (the Uniform Code of Military 
     Justice) by any member of the Navy or Marine Corps;
       ``(4) shall receive, revise, and have recorded the 
     proceedings of courts of inquiry and military commissions; 
     and
       ``(5) shall perform such other legal duties as may be 
     directed by the Secretary of the Navy.''.
       (c) Department of the Air Force.--(1) Section 8019(b) of 
     title 10, United States Code, is amended by striking ``The 
     General Counsel'' and inserting ``Subject to sections 806 and 
     8037 of this title, the General Counsel''.
       (2) Section 8037 of such title is amended--
       (A) in subsection (a), by striking the third sentence and 
     inserting the following: ``The Judge Advocate General, while 
     so serving, has the grade of lieutenant general.''; and
       (B) in subsection (c)--
       (i) by striking ``General shall,'' in the matter preceding 
     paragraph (1) and inserting ``General,'';
       (ii) by redesignating paragraphs (1) and (2) as paragraphs 
     (4) and (5), respectively, and, in each such paragraph, by 
     inserting ``shall'' before the first word; and
       (iii) by inserting after paragraph (1) the following new 
     paragraphs:
       ``(1) is the legal adviser of the Secretary of the Air 
     Force, the Chief of Staff of the Air Force, and the Air 
     Staff, and of all offices and agencies of the Department of 
     the Air Force;
       ``(2) shall direct and supervise the members of the Air 
     Force designated as judge advocates and civilian attorneys 
     employed by the Department of the Air Force (other than those 
     assigned or detailed to the Office of the General Counsel of 
     the Air Force) in the performance of their duties;
       ``(3) shall direct and supervise the performance of duties 
     under chapter 47 of this title (the Uniform Code of Military 
     Justice) by any member of the Air Force;''.
       (d) Exclusion From Limitation on General and Flag Officer 
     Distribution.--Section 525(b) of title 10, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(9) An officer while serving as the Judge Advocate 
     General of the Army, the Judge Advocate General of the Navy, 
     or the Judge Advocate General of the Air Force is in addition 
     to the number that would otherwise be permitted for that 
     officer's armed force for officers serving on active duty in 
     grades above major general or rear admiral under paragraph 
     (1) or (2), as the case may be.''.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

     SEC. 1001. TRANSFER AUTHORITY.

       (a) Authority To Transfer Authorizations.--(1) Upon 
     determination by the Secretary of Defense that such action is 
     necessary in the national interest, the Secretary may 
     transfer amounts of authorizations made available to the 
     Department of Defense in this division for fiscal year 2005 
     between any such authorizations for that fiscal year (or any 
     subdivisions thereof). Amounts of authorizations so 
     transferred shall be merged with and be available for the 
     same purposes as the authorization to which transferred.
       (2) The total amount of authorizations that the Secretary 
     may transfer under the authority of this section may not 
     exceed $3,000,000,000.
       (b) Limitations.--The authority provided by this section to 
     transfer authorizations--
       (1) may only be used to provide authority for items that 
     have a higher priority than the items from which authority is 
     transferred; and
       (2) may not be used to provide authority for an item that 
     has been denied authorization by Congress.
       (c) Effect on Authorization Amounts.--A transfer made from 
     one account to another under the authority of this section 
     shall be deemed to increase the amount authorized for the 
     account to which the amount is transferred by an amount equal 
     to the amount transferred.
       (d) Notice to Congress.--The Secretary shall promptly 
     notify Congress of each transfer made under subsection (a).

     SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED 
                   BUDGETS IN FISCAL YEAR 2005.

       (a) Fiscal Year 2005 Limitation.--The total amount 
     contributed by the Secretary of Defense in fiscal year 2005 
     for the common-funded budgets of NATO may be any amount up 
     to, but not in excess of, the amount specified in subsection 
     (b) (rather than the maximum amount that would otherwise be 
     applicable to those contributions under the fiscal year 1998 
     baseline limitation).
       (b) Total Amount.--The amount of the limitation applicable 
     under subsection (a) is the sum of the following:
       (1) The amounts of unexpended balances, as of the end of 
     fiscal year 2004, of funds appropriated for fiscal years 
     before fiscal year 2005 for payments for those budgets.
       (2) The amount specified in subsection (c)(1).
       (3) The amount specified in subsection (c)(2).
       (4) The total amount of the contributions authorized to be 
     made under section 2501.
       (c) Authorized Amounts.--Amounts authorized to be 
     appropriated by titles II and III of this Act are available 
     for contributions for the common-funded budgets of NATO as 
     follows:
       (1) Of the amount provided in section 201(1), $756,000 for 
     the Civil Budget.
       (2) Of the amount provided in section 301(1), $222,492,000 
     for the Military Budget.
       (d) Definitions.--For purposes of this section:
       (1) Common-funded budgets of nato.--The term ``common-
     funded budgets of NATO'' means the Military Budget, the 
     Security Investment Program, and the Civil Budget of the 
     North Atlantic Treaty Organization (and any successor or 
     additional account or program of NATO).
       (2) Fiscal year 1998 baseline limitation.--The term 
     ``fiscal year 1998 baseline limitation'' means the maximum 
     annual amount of Department of Defense contributions for 
     common-funded budgets of NATO that is set forth as the annual 
     limitation in section 3(2)(C)(ii) of the resolution of the 
     Senate giving the advice and consent of the Senate to the 
     ratification of the Protocols to the North Atlantic Treaty of 
     1949 on the Accession of Poland, Hungary, and the Czech 
     Republic (as defined in section 4(7) of that resolution), 
     approved by the Senate on April 30, 1998.

     SEC. 1003. REDUCTION IN OVERALL AUTHORIZATION DUE TO 
                   INFLATION SAVINGS.

       (a) Reduction.--The total amount authorized to be 
     appropriated by titles I, II, and III is the amount equal to 
     the sum of the individual authorizations in those titles 
     reduced by $1,670,000,000.
       (b) Source of Savings.--Reductions required in order to 
     comply with subsection (a) shall be derived from savings 
     resulting from lower-than-expected inflation as a result of 
     the annual review of the budget conducted by the Office of 
     Management and Budget.
       (c) Allocation of Reduction.--The Secretary of Defense 
     shall allocate the reduction required by subsection (a) among 
     the accounts in titles I, II, and III to reflect the extent 
     to which net inflation savings are available in those 
     accounts.

     SEC. 1004. DEFENSE BUSINESS SYSTEMS INVESTMENT MANAGEMENT.

       (a) Requirement for Defense Business Enterprise 
     Architecture and Transition Plan.--(1) Not later than 
     September 30, 2005, the Secretary of Defense shall develop--
       (A) a defense business enterprise architecture covering all 
     defense business systems of the Department of Defense and the 
     functions and activities supported by such systems that--
       (i) is sufficiently defined to effectively guide, 
     constrain, and permit implementation

[[Page S7633]]

     of interoperable business system solutions; and
       (ii) is consistent with the applicable policies and 
     procedures prescribed by the Director of the Office of 
     Management and Budget; and
       (B) a transition plan for implementing the defense business 
     enterprise architecture.
       (2) In carrying out paragraph (1), the Secretary shall act 
     through the Defense Business Systems Management Committee 
     established under subsection (h).
       (b) Composition of Enterprise Architecture.--The defense 
     business enterprise architecture developed under subsection 
     (a)(1)(A) shall include the following:
       (1) An information infrastructure that, at a minimum, would 
     enable the Department of Defense to--
       (A) comply with all Federal accounting, financial 
     management, and reporting requirements;
       (B) routinely produce timely, accurate, and reliable 
     financial information for management purposes;
       (C) integrate budget, accounting, and program information 
     and systems; and
       (D) provide for the systematic measurement of performance, 
     including the ability to produce timely, relevant, and 
     reliable cost information.
       (2) Policies, procedures, data standards, and system 
     interface requirements that are to apply uniformly throughout 
     the Department of Defense.
       (c) Composition of Transition Plan.--(1) The transition 
     plan developed under subsection (a)(1)(B) shall include the 
     following:
       (A) The acquisition strategy for new systems that are 
     expected to be needed to complete the defense business 
     enterprise architecture.
       (B) A listing of the defense business systems as of 
     December 2, 2002 (known as ``legacy systems''), that will not 
     be part of the objective defense business enterprise 
     architecture, together with the schedule for terminating 
     those legacy systems that provides for reducing the use of 
     those legacy systems in phases.
       (C) A listing of the legacy systems (referred to in 
     subparagraph (B)) that will be a part of the objective 
     defense business system, together with a strategy for making 
     the modifications to those systems that will be needed to 
     ensure that such systems comply with the defense business 
     enterprise architecture.
       (2) Each of the strategies under paragraph (1) shall 
     include specific time-phased milestones, performance metrics, 
     and a statement of the financial and nonfinancial resource 
     needs.
       (d) Conditions for Use of Funds for Defense Business System 
     Modernization.--(1) After September 30, 2005, an officer or 
     employee of the United States may not obligate or expend an 
     amount in excess of $1,000,000 for a defense business system 
     modernization unless the Secretary of Defense or the official 
     delegated authority for the system covered by such 
     modernization under subsection (e) has determined in writing 
     that such defense business system modernization--
       (A) is consistent with the defense business enterprise 
     architecture and transition plan developed under subsection 
     (a); or
       (B) is necessary to--
       (i) achieve a critical national security capability or 
     address a critical requirement in an area such as safety or 
     security; or
       (ii) prevent a significant adverse effect on a project that 
     is needed to achieve an essential capability, taking into 
     consideration the alternative solutions for preventing such 
     adverse effect.
       (2) A violation of paragraph (1) is a violation of section 
     1341(a)(1)(A) of title 31, United States Code.
       (e) Accountability for Defense Business Systems.--The 
     Secretary of Defense shall delegate authority for the 
     planning, design, acquisition, development, deployment, 
     operation, maintenance, modernization, and oversight of 
     defense business systems as follows:
       (1) To the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics, for--
       (A) defense business systems the primary purpose of which 
     is to support acquisition activities in the Department of 
     Defense;
       (B) defense business systems the primary purpose of which 
     is to support logistics activities in the Department of 
     Defense; and
       (C) defense business systems the primary purpose of which 
     is to support installations and environment activities in the 
     Department of Defense.
       (2) To the Under Secretary of Defense (Comptroller) and 
     Chief Financial Officer, for--
       (A) defense business systems the primary purpose of which 
     is to support financial management activities in the 
     Department of Defense; and
       (B) defense business systems the primary purpose of which 
     is to support strategic planning and budgeting activities in 
     the Department of Defense.
       (3) To the Under Secretary of Defense for Personnel and 
     Readiness, for defense business systems the primary purpose 
     of which is to support human resource management activities 
     in the Department of Defense.
       (4) To the Assistant Secretary of Defense (Networks and 
     Information Integration) and Chief Information Officer, for 
     defense business systems the primary purpose of which is to 
     support information technology infrastructure and information 
     assurance activities of the Department of Defense.
       (5) To the Deputy Secretary of Defense or an Under 
     Secretary of Defense, as designated by the Secretary of 
     Defense, for defense business systems the primary purpose of 
     which is to support any activity of the Department of Defense 
     not described in another paragraph of this subsection.
       (f) Defense Business System Investment Review.--(1) The 
     Secretary of Defense shall require each official to whom 
     authority is delegated under subsection (e) to establish an 
     investment review process to review the planning, design, 
     acquisition, development, deployment, operation, maintenance, 
     and modernization of all defense business systems covered by 
     the authority so delegated to that official, and to analyze 
     project cost benefits and risks of such systems.
       (2) Each investment review process established under 
     paragraph (1) shall be consistent with the requirements of 
     section 11312 of title 40, United States Code, and shall 
     include the following features:
       (A) An investment review board composed of appropriate 
     officials from among the Armed Forces, combatant commands, 
     the Joint Staff, and Defense Agencies.
       (B) Review and approval, by the investment review board, of 
     each defense business system as an investment before the 
     obligation or expenditure of funds on such system.
       (C) Periodic review of each defense business system 
     investment not less often than annually.
       (D) Use of threshold criteria to ensure that each defense 
     business system investment, and that accountability for each 
     defense business system investment, is reviewed at a level of 
     review within the Department of Defense that is appropriate 
     for the scope, complexity, and cost of the investment.
       (E) Procedures for making determinations in accordance with 
     the requirements of subsection (d).
       (g) Defense Business Systems Budget Exhibit.--For each 
     budget for a fiscal year after fiscal year 2005 that the 
     President submits to Congress under section 1105(a) of title 
     31, United States Code, the Secretary of Defense shall 
     include in the documentation on major functional category 050 
     (National Defense) that the Secretary submits to the 
     congressional defense committees in support of such budget a 
     defense business systems budget exhibit that includes the 
     following information:
       (1) Identification of each defense business system for 
     which funding is proposed in that budget.
       (2) Identification of all funds, by appropriation, proposed 
     in that budget for each such system, including--
       (A) funds for current services (to operate and maintain the 
     system); and
       (B) funds for business systems modernization, identified 
     for each specific appropriation.
       (3) For each such system, identification of the official to 
     whom authority for such system is delegated under subsection 
     (e).
       (4) For each such system, a description of each 
     determination made under subsection (d) with regard to such 
     system.
       (h) Defense Business System Management Committee.--(1) The 
     Secretary of Defense shall establish a Defense Business 
     Systems Management Executive Committee. The Committee shall 
     be composed of the following members:
       (A) The Deputy Secretary of Defense, who shall be the 
     chairman of the Committee.
       (B) The Under Secretary of Defense for Acquisition, 
     Logistics, and Technology.
       (C) The Under Secretary of Defense for Personnel and 
     Readiness.
       (D) The Under Secretary of Defense (Comptroller) and Chief 
     Financial Officer.
       (E) The Assistant Secretary of Defense (Networks and 
     Information Integration) and Chief Information Officer.
       (F) The Secretaries of the military departments.
       (G) The heads of the Defense Agencies.
       (H) Any personnel assigned to the Joint Staff, personnel 
     assigned to combatant commands, or other Department of 
     Defense personnel that the Secretary of Defense designates to 
     serve on the Committee.
       (2) In addition to any other duties assigned to the 
     Committee by the Secretary of Defense, the Committee shall 
     have the following duties:
       (A) To submit to the Secretary recommended policies and 
     procedures that the Committee considers necessary to 
     effectively integrate compliance with the requirements of 
     this section into all business activities and any 
     transformation, reform, reorganization, or process 
     improvement initiatives undertaken within the Department of 
     Defense.
       (B) To review and approve defense business systems 
     modernization plans, including review and approval of any 
     major update of the defense business enterprise architecture.
       (C) To coordinate defense business system modernization 
     initiatives to maximize benefits and minimize costs for the 
     Department of Defense.
       (D) To ensure that funds are not obligated for the 
     modernization of any defense business system in violation of 
     subsection (d)(1).
       (E) To periodically report to the Secretary on the status 
     of defense business system modernization efforts.
       (i) Definitions.--In this section:
       (1) The term ``defense business system'' means any 
     information system (except a national security system, as 
     defined in section 2315 of title 10, United States Code) that 
     is

[[Page S7634]]

     operated by, for, or on behalf of the Department of Defense 
     to support business activities such as acquisition, financial 
     management, logistics, strategic planning and budgeting, 
     installations and environment, and human resource management.
       (2) The term ``enterprise architecture'' has the meaning 
     given that term in section 3601(4) of title 44, United States 
     Code.
       (3) The terms ``information system'' and ``information 
     technology'' have the meanings given those terms in section 
     11101 of title 40, United States Code.
       (4) The term ``modernization'', with respect to a defense 
     business system, means the acquisition or development of a 
     new defense business system or any significant modification 
     or enhancement of an existing defense business system (other 
     than as necessary to maintain current services).
       (j) Annual Report.--Not later than March 15 of 2005 and 
     each year thereafter through 2009, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     on the progress made by the Department of Defense in 
     implementing the defense business enterprise architecture and 
     transition plan required by this section. Each report shall 
     include, at a minimum, the following information:
       (1) A description of the specific actions taken and planned 
     to be taken to implement the defense business enterprise 
     architecture and the transition plan.
       (2) Specific milestones, performance measures, and resource 
     commitments for such actions.
       (k) Comptroller General Assessment.--Not later than 60 days 
     after the date on which the Secretary of Defense approves the 
     defense business enterprise architecture and transition plan 
     developed under subsection (a), and again each year not later 
     than 60 days after the submission of the annual report under 
     subsection (j), the Comptroller General shall submit to the 
     congressional defense committees an assessment of the extent 
     to which the actions taken by the Department comply with the 
     requirements of this section.
       (l) Relationship to Other Law.--Nothing in this section 
     shall be construed to modify or affect the applicability of 
     the restrictions and requirements provided in section 8088 of 
     the Department of Defense Appropriations Act, 2003 (Public 
     Law 107-248; 116 Stat. 1556).
       (m) Repeal of Superseded Law.--Section 1004 of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 2003 
     (Public Law 107-314; 116 Stat. 2629; 10 U.S.C. 113 note) is 
     repealed.

     SEC. 1005. UNIFORM FUNDING AND MANAGEMENT OF SERVICE ACADEMY 
                   ATHLETIC AND RECREATIONAL EXTRACURRICULAR 
                   PROGRAMS.

       (a) United States Military Academy.--(1) Chapter 403 of 
     title 10, United States Code, is amended by adding at the end 
     the following new section:

     ``Sec. 4359. Athletic and recreational extracurricular 
       programs: uniform funding

       ``The authority and conditions provided in section 2494 of 
     this title shall also apply to any athletic or recreational 
     extracurricular program of the Academy that--
       ``(1) is not considered a morale, welfare, or recreation 
     program referred to in such section;
       ``(2) is funded out of appropriated funds;
       ``(3) is supported by a supplemental mission 
     nonappropriated fund instrumentality; and
       ``(4) is not operated as a private organization.''.
       (2) The table of sections at the beginning of such title is 
     amended by adding at the end the following new item:

``4359. Athletic and recreational extracurricular programs: uniform 
              funding.''.

       (b) United States Naval Academy.--(1) Chapter 603 of title 
     10, United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 6978. Athletic and recreational extracurricular 
       programs: uniform funding

       ``The authority and conditions provided in section 2494 of 
     this title shall also apply to any athletic or recreational 
     extracurricular program of the Naval Academy that--
       ``(1) is not considered a morale, welfare, or recreation 
     program referred to in such section;
       ``(2) is funded out of appropriated funds;
       ``(3) is supported by a supplemental mission 
     nonappropriated fund instrumentality; and
       ``(4) is not operated as a private organization.''.
       (2) The table of sections at the beginning of such title is 
     amended by adding at the end the following new item:

``6978. Athletic and recreational extracurricular programs: uniform 
              funding.''.

       (c) United States Air Force Academy.--(1) Chapter 903 of 
     title 10, United States Code, is amended by adding at the end 
     the following new section:

     ``Sec. 9358. Athletic and recreational extracurricular 
       programs: uniform funding

       ``The authority and conditions provided in section 2494 of 
     this title shall also apply to any athletic or recreational 
     extracurricular program of the Academy that--
       ``(1) is not considered a morale, welfare, or recreation 
     program referred to in such section;
       ``(2) is funded out of appropriated funds;
       ``(3) is supported by a supplemental mission 
     nonappropriated fund instrumentality; and
       ``(4) is not operated as a private organization.''.
       (2) The table of sections at the beginning of such title is 
     amended by adding at the end the following new item:

``9358. Athletic and recreational extracurricular programs: uniform 
              funding.''.

       (d) Effective Date and Applicability.--This section and the 
     amendments made by this section shall take effect on October 
     1, 2004, and shall apply with respect to funds appropriated 
     for fiscal years beginning on or after such date.

     SEC. 1006. AUTHORIZATION OF APPROPRIATIONS FOR A CONTINGENT 
                   EMERGENCY RESERVE FUND FOR OPERATIONS IN IRAQ 
                   AND AFGHANISTAN.

       (a) Authorization of Supplemental Appropriations.--In 
     addition to any other amounts authorized to be appropriated 
     by this Act, there is hereby authorized to be appropriated 
     for the Department of Defense for fiscal year 2005, subject 
     to subsections (b) and (c), $25,000,000,000, to be available 
     only for activities in support of operations in Iraq and 
     Afghanistan.
       (b) Specific Amounts.--Of the amount authorized to be 
     appropriated under subsection (a), funds are authorized to be 
     appropriated in amounts for purposes as follows:
       (1) For the Army for operation and maintenance, 
     $14,500,000,000.
       (2) For the Navy for operation and maintenance, 
     $1,000,000,000.
       (3) For the Marine Corps for operation and maintenance, 
     $2,000,000,000.
       (4) For the Air Force for operation and maintenance, 
     $1,000,000,000.
       (5) For operation and maintenance, Defense-wide activities, 
     $2,000,000,000.
       (6) For military personnel, $2,000,000,000.
       (7) An additional amount of $2,500,000,000 to be available 
     for transfer to--
       (A) operation and maintenance accounts;
       (B) military personnel accounts;
       (C) research, development, test, and evaluation accounts;
       (D) procurement accounts;
       (E) classified programs; and
       (F) Coast Guard operating expenses.
       (c) Authorization Contingent on Budget Request.--The 
     authorization of appropriations in subsection (a) shall be 
     effective only to the extent that a budget request for all or 
     part of the amount authorized to be appropriated under such 
     subsection for the purposes set forth in such subsection is 
     transmitted by the President to Congress after the date of 
     the enactment of this Act and includes a designation of the 
     requested amount as an emergency and essential to support 
     activities in Iraq and Afghanistan.
       (d) Transfer Authority.--(1) Of the amount authorized to be 
     appropriated under subsection (b)(7) for transfer, no 
     transfer may be made until the Secretary of Defense consults 
     with the Chairmen and Ranking Members of the congressional 
     defense committees and then notifies such committees in 
     writing not later than five days before the transfer is made.
       (2) The transfer authority provided under this section is 
     in addition to any other transfer authority available to the 
     Department of Defense.
       (e) Monthly Report.--The Secretary of Defense shall submit 
     to the congressional defense committees each month a report 
     on the use of funds authorized to be appropriated under this 
     section. The report for a month shall include in a separate 
     display for each of Iraq and Afghanistan, the activity for 
     which the funds were used, the purpose for which the funds 
     were used, the source of the funds used to carry out that 
     activity, and the account to which those expenditures were 
     charged.

                Subtitle B--Naval Vessels and Shipyards

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

       (a) In General.--Chapter 633 of title 10, United States 
     Code, is amended by inserting after section 7309 the 
     following new section:

     ``Sec. 7309a. Service craft and boats: exchange or sale

       ``(a) In General.--The Secretary of the Navy may, in 
     acquiring personal property under section 503 of title 40, 
     exchange or sell obsolete Navy service craft or boats that 
     are similar to such personal property and apply the exchange 
     allowance or proceeds of sale in whole or part payment for 
     such personal property.
       ``(b) Use of Proceeds for Cost of Preparation of Sale.--In 
     selling a service craft or boat under subsection (a), the 
     Secretary shall obtain, to the extent practicable, amounts 
     necessary to recover the full costs, whether direct or 
     indirect, incurred by the Navy in preparing the service craft 
     or boat for sale, including costs of towing, storage, 
     defueling, removal and disposal of hazardous wastes, 
     environmental surveys to determine the presence of regulated 
     materials containing polychlorinated biphenyl (PCB), removal 
     and disposal of such materials, and other related costs.
       ``(c) Treatment of Additional Proceeds.--(1) Any proceeds 
     of sale of a service craft or boat under subsection (a) that 
     are in addition to amounts necessary to recover the costs of 
     the preparation of sale of the service craft or boat under 
     subsection (b) shall be deposited in an account in the 
     Treasury established for purposes of this section.
       ``(2) Amounts in the account under paragraph (1) shall be 
     available to the Secretary

[[Page S7635]]

     for the payment of costs associated with the preparation of 
     obsolete Navy service craft or boats for sale or exchange 
     under this section. Amounts in the account shall be available 
     for that purpose without fiscal year limitation.
       ``(3) The Secretary shall, on a periodic basis, deposit 
     amounts in the account under paragraph (1) that are in excess 
     of the amounts otherwise utilized under paragraph (2) in the 
     general Treasury as miscellaneous receipts, or in another 
     account in the Treasury as otherwise provided by law.
       ``(d) Inapplicability of Certain Procurement 
     Requirements.--Notwithstanding section 503(b)(3) of title 40, 
     section 3709 of the Revised Statutes (41 U.S.C. 5) shall not 
     apply to the exchange or sale of service craft or boats under 
     this section.
       ``(e) Regulations.--The Secretary may prescribe regulations 
     relating to the exercise of authority under this section.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 7309 the following new item:

``7309a. Service craft and boats: exchange or sale.''.

     SEC. 1012. LIMITATION ON DISPOSAL OF OBSOLETE NAVAL VESSEL.

       The Secretary of the Navy may not dispose of the 
     decommissioned destroyer ex-Edson (DD-946) before October 1, 
     2007, to an entity that is not a nonprofit organization 
     unless the Secretary first determines that there is no 
     nonprofit organization that meets the criteria for donation 
     of that vessel under section 7306(a)(3) of title 10, United 
     States Code.

     SEC. 1013. AWARD OF CONTRACTS FOR SHIP DISMANTLING ON NET 
                   COST BASIS.

       (a) In General.--Chapter 633 of title 10, United States 
     Code, is amended by inserting after section 7305 the 
     following new section:

     ``Sec. 7305a. Contracts for ship dismantling: award on net 
       cost basis

       ``(a) Authority.--Notwithstanding any other provision of 
     law, the Secretary of the Navy may use net cost as a 
     criterion in the selection of an offeror for award of a 
     contract for the dismantling of one or more ships stricken 
     from the Naval Vessel Register and may accord that criterion 
     such weight in the offer evaluation process as the Secretary 
     considers appropriate and specifies in the solicitation of 
     offers for that contract.
       ``(b) Competition.--In exercising the authority under this 
     section, the Secretary shall to the maximum extent 
     practicable use the competitive procedure or combination of 
     competitive procedures that is best suited under the 
     circumstances.
       ``(c) Retention of Proceeds.--When the Secretary of the 
     Navy awards a ship dismantling contract on a net cost basis, 
     the contractor may retain the proceeds from the sale of scrap 
     and reusable items from the vessel being dismantled.
       ``(d) Definitions.--For purposes of this section:
       ``(1) The term `net cost', with respect to a contract for 
     the dismantling of a ship, means the amount equal to the 
     excess of--
       ``(A) the amount of the contractor's gross cost of 
     performance of the contract, over
       ``(B) the estimated value of scrap and reusable items that 
     the contractor removes from the ship during performance of 
     the contract, as stated in the contractor's offer for such 
     contract.
       ``(2) The term `scrap' means personal property that has no 
     value except for its basic material content.
       ``(3) The term `reusable item', with respect to a ship, 
     means any demilitarized component or removable portion of the 
     ship or the ship's equipment that the Navy has identified as 
     excess to its needs but which has potential resale value on 
     the open market.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 7305 the following new item:

``7305a. Contracts for ship dismantling: award on net cost basis.''.

     SEC. 1014. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN 
                   FOREIGN COUNTRIES.

       (a) Authority To Transfer by Grant.--The Secretary of the 
     Navy is authorized to transfer vessels to foreign countries 
     on a grant basis under section 516 of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2321j) as follows:
       (1) Chile.--To the Government of Chile, the SPRUANCE class 
     destroyer O'BANNON (DD 987).
       (2) Portugal.--To the Government of Portugal, the OLIVER 
     HAZARD PERRY class guided missile frigate GEORGE PHILIP (FFG 
     12) and the OLIVER HAZARD PERRY class guided missile frigate 
     USS SIDES (FFG 14).
       (b) Authority To Transfer by Sale.--The Secretary of the 
     Navy is authorized to transfer vessels to foreign countries 
     on a sale basis under section 21 of the Arms Export Control 
     Act (22 U.S.C. 2761) as follows:
       (1) Taiwan.--To the Taipei Economic and Cultural 
     Representative Office in the United States (which is the 
     Taiwan instrumentality designated pursuant to section 10(a) 
     of the Taiwan Relations Act), the ANCHORAGE class dock 
     landing ship ANCHORAGE (LSD 36).
       (2) Chile.--To the Government of Chile, the SPRUANCE class 
     destroyer FLETCHER (DD 992).
       (c) Grants Not Counted in Annual Total of Transferred 
     Excess Defense Articles.--The value of a vessel transferred 
     to another country on a grant basis under section 516 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to 
     authority provided by subsection (a) shall not be counted for 
     the purposes of subsection (g) of that section in the 
     aggregate value of excess defense articles transferred to 
     countries under that section in any fiscal year.
       (d) Costs of Transfers.--Any expense incurred by the United 
     States in connection with a transfer authorized by this 
     section shall be charged to the recipient (notwithstanding 
     section 516(e)(1) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2321j(e)(1)).
       (e) Repair and Refurbishment in United States Shipyards.--
     To the maximum extent practicable, the President shall 
     require, as a condition of the transfer of a vessel under 
     this section, that the country to which the vessel is 
     transferred have such repair or refurbishment of the vessel 
     as is needed, before the vessel joins the naval forces of 
     that country, performed at a shipyard located in the United 
     States, including a United States Navy shipyard.
       (f) Expiration of Authority.-- The authority to transfer a 
     vessel under this section shall expire at the end of the two-
     year period beginning on the date of the enactment of this 
     Act.

                          Subtitle C--Reports

     SEC. 1021. REPORT ON CONTRACTOR SECURITY IN IRAQ.

       (a) Report Required.--(1) Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit a report on contractor security in Iraq to the 
     congressional defense committees. The report shall include, 
     at a minimum--
       (A) information on the security of contractor employees in 
     Iraq, as described in subsection (b);
       (B) information on contract security personnel in Iraq, as 
     described in subsection (c); and
       (C) any recommended actions that the Secretary considers 
     appropriate to enhance contractor security in Iraq.
       (2) The information included in the report shall be current 
     as of September 30, 2004.
       (b) Security of Contractor Employees in Iraq.--The report 
     under subsection (a) shall include information on contractor 
     employees in Iraq, as follows:
       (1) The number of contractor employees in each of the 
     following categories of nationals:
       (A) Nationals of the United States.
       (B) Nationals of Iraq.
       (C) Nationals of states other than the United States and 
     Iraq.
       (2) For each of the categories of nationals listed in 
     paragraph (1), the number of casualties among contractor 
     employees on and after May 1, 2003.
       (c) Contract Security Personnel.--The report required by 
     subsection (a) shall include information on contract security 
     personnel of a contractor in Iraq, as follows:
       (1) The number of contract security personnel engaged in 
     providing security services to personnel or facilities in 
     each of the following categories:
       (A) Personnel or facilities of the United States Government 
     or the Coalition Provisional Authority.
       (B) Personnel or facilities of the Iraqi Government.
       (C) Personnel or facilities of a contractor or 
     subcontractor.
       (2) For each of the categories of nationals listed in 
     subsection (b)(1), the following information:
       (A) The number of contract security personnel.
       (B) The range of annual rates of pay of the contract 
     security personnel.
       (C) The number of casualties among the contract security 
     personnel on and after May 1, 2003.
       (3) The number, types, and sources of weapons that contract 
     security personnel are authorized to possess in each of the 
     following categories:
       (A) Weapons provided by coalition forces.
       (B) Weapons supplied by the contractor.
       (C) Weapons supplied by other sources.
       (4) The extent to which contract security personnel are 
     equipped with other critical equipment, such as body armor, 
     armored vehicles, secure communications, and friend-foe 
     identification.
       (5) An assessment of the extent to which contract security 
     personnel have been engaged by hostile fire on and after May 
     1, 2003.
       (d) Coordination.--In the preparation of the report under 
     this section, the Secretary of Defense shall coordinate with 
     the heads of any other departments and agencies of the 
     Federal Government that are affected by the performance of 
     Federal Government contracts by contractor personnel in Iraq.
       (e) Additional Congressional Recipients.--In addition to 
     submitting the report on contractor security under this 
     section to the congressional defense committees, the 
     Secretary of Defense shall also submit the report to any 
     other committees of Congress that the Secretary determines 
     appropriate to receive such report taking into consideration 
     the requirements of the Federal Government that contractor 
     personnel in Iraq are engaged in satisfying.
       (f) Forms of Report.--The report required by this section 
     shall be submitted in classified and unclassified forms.
       (g) Definitions.--In this section:
       (1) The term ``contract security personnel'' includes 
     employees of a contractor or subcontractor who, under a 
     covered contract, provide security services in Iraq to--
       (A) personnel or facilities of the United States Government 
     or the Coalition Provisional Authority;

[[Page S7636]]

       (B) personnel or facilities of the Iraqi Government; or
       (C) personnel or facilities of a contractor.
       (2) The term ``covered contract''--
       (A) means a contract entered into by an agency of the 
     United States Government or by the Coalition Provisional 
     Authority for the procurement of products or services to be 
     provided in Iraq, regardless of the source of the funding for 
     such procurement; and
       (B) includes a subcontract under such a contract, 
     regardless of the source of the funding for such procurement.
       (3) The term ``national of the United States'' has the 
     meaning given such term in section 101(22) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(22)).
       (4) The term ``national'', except as provided in paragraph 
     (3), has the meaning given such term in section 101(21) of 
     such Act.

     SEC. 1022. TECHNICAL CORRECTION TO REFERENCE TO CERTAIN 
                   ANNUAL REPORTS.

       Section 2474(f)(2) of title 10, United States Code, is 
     amended by striking ``section 2466(e)'' and inserting 
     ``section 2466(d)''.

     SEC. 1023. STUDY OF ESTABLISHMENT OF MOBILIZATION STATION AT 
                   CAMP RIPLEY NATIONAL GUARD TRAINING CENTER, 
                   LITTLE FALLS, MINNESOTA.

       Not later than 120 days after the date of the enactment of 
     this Act, the Secretary of Defense shall carry out and 
     complete a study on the feasibility of the use of Camp Ripley 
     National Guard Training Center, Little Falls, Minnesota, as a 
     mobilization station for reserve components ordered to active 
     duty under provisions of law referred to in section 
     101(a)(13)(B) of title 10, United States Code. The study 
     shall include consideration of the actions necessary to 
     establish such center as a mobilization station.

     SEC. 1024. REPORT ON TRAINING PROVIDED TO MEMBERS OF THE 
                   ARMED FORCES TO PREPARE FOR POST-CONFLICT 
                   OPERATIONS.

       (a) Study on Training.--The Secretary of Defense shall 
     conduct a study to determine the extent to which members of 
     the Armed Forces assigned to duty in support of contingency 
     operations receive training in preparation for post-conflict 
     operations and to evaluate the quality of such training.
       (b) Matters To Be Included in Study.--As part of the study 
     under subsection (a), the Secretary shall specifically 
     evaluate the following:
       (1) The doctrine, training, and leader-development system 
     necessary to enable members of the Armed Forces to 
     successfully operate in post-conflict operations.
       (2) The adequacy of the curricula at military educational 
     facilities to ensure that the Armed Forces has a cadre of 
     members skilled in post-conflict duties, including a 
     familiarity with applicable foreign languages and foreign 
     cultures.
       (3) The training time and resources available to members 
     and units of the Armed Forces to develop cultural awareness 
     about ethnic backgrounds and religious beliefs of the people 
     living in areas in which post-conflict operations are likely 
     to occur.
       (4) The adequacy of training transformation to emphasize 
     post-conflict operations, including interagency coordination 
     in support of combatant commanders.
       (c) Report on Study.--Not later than May 1, 2005, the 
     Secretary shall submit to the Committee on Armed Services of 
     the Senate and the Committee on Armed Services of the House 
     of Representatives a report on the result of the study 
     conducted under this section.

     SEC. 1025. REPORT ON AVAILABILITY OF POTENTIAL OVERLAND 
                   BALLISTIC MISSILE DEFENSE TEST RANGES.

       The Secretary of Defense shall submit to Congress a report 
     assessing the availability to the Department of Defense of 
     potential ballistic missile defense test ranges for overland 
     intercept flight tests of defenses against ballistic missile 
     systems with a range of 750 to 1,500 kilometers.

     SEC. 1026. OPERATION OF THE FEDERAL VOTING ASSISTANCE PROGRAM 
                   AND THE MILITARY POSTAL SYSTEM.

       (a) Requirement for Reports.--(1) The Secretary of Defense 
     shall submit to Congress two reports on the actions that the 
     Secretary has taken to ensure that--
       (A) the Federal Voting Assistance Program functions 
     effectively to support absentee voting by members of the 
     Armed Forces deployed outside the United States in support of 
     Operation Iraqi Freedom, Operation Enduring Freedom, and all 
     other contingency operations; and
       (B) the military postal system functions effectively to 
     support the morale of the personnel described in subparagraph 
     (A) and absentee voting by such members.
       (2)(A) The first report under paragraph (1) shall be 
     submitted not later than 60 days after the date of the 
     enactment of this Act.
       (B) The second report under paragraph (1) shall be 
     submitted not later than 60 days after the date on which the 
     first report is submitted under that paragraph.
       (3) In this subsection, the term ``Federal Voting 
     Assistance Program'' means the program referred to in section 
     1566(b)(1) of title 10, United States Code.
       (b) Implementation of Recommended Postal System 
     Improvements.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report setting forth--
       (1) the actions taken to implement the recommendations of 
     the Military Postal Service Agency Task Force, dated 28 
     August 2000; and
       (2) in the case of each such recommendation not implemented 
     or not fully implemented as of the date of report, the 
     reasons for not implementing or not fully implementing such 
     recommendation, as the case may be.

     SEC. 1027. REPORT ON ESTABLISHING NATIONAL CENTERS OF 
                   EXCELLENCE FOR UNMANNED AERIAL AND GROUND 
                   VEHICLES.

       (a) Report Required.--Not later than 120 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     on the need for one or more national centers of excellence 
     for unmanned aerial and ground vehicles.
       (b) Goal of Centers.--The goal of the centers covered by 
     the report is to promote interservice cooperation and 
     coordination in the following areas:
       (1) Development of joint doctrine for the organization, 
     training, and use of unmanned aerial and ground vehicles.
       (2) Joint research, development, test, and evaluation, and 
     joint procurement of unmanned aerial and ground vehicles.
       (3) Identification and coordination, in conjunction with 
     the private sector and academia, of the future development of 
     unmanned aerial and ground vehicles.
       (4) Monitoring of the development and utilization of 
     unmanned aerial and ground vehicles in other nations for both 
     military and non-military purposes.
       (5) The providing of joint training and professional 
     development opportunities in the use and operation of 
     unmanned aerial and ground vehicles to military personnel of 
     all ranks and levels of responsibility.
       (c) Report Requirements.--The report shall include, at a 
     minimum, the following:
       (1) A list of facilities where the Defense Department 
     currently conducts or plans to conduct research, development, 
     and testing activities on unmanned aerial and ground 
     vehicles.
       (2) A list of facilities where the Department of Defense 
     currently deploys or has committed to deploying unmanned 
     aerial or ground vehicles.
       (3) The extent to which existing facilities described in 
     paragraphs (1) and (2) have sufficient unused capacity and 
     expertise to research, develop, test, and deploy the current 
     and next generations of unmanned aerial and ground vehicles 
     and to provide for the development of doctrine on the use and 
     training of operators of such vehicles.
       (4) The extent to which efficiencies on research, 
     development, testing, and deployment of existing or future 
     unmanned aerial and ground vehicles can be achieved through 
     consolidation at one or more national centers of excellence 
     for unmanned aerial and ground vehicles.
       (5) A list of potential locations for national centers of 
     excellence.
       (d) Considerations.--In determining the potential locations 
     for the national centers of excellence under this section, 
     the Secretary of Defense shall take into consideration 
     existing Air Force facilities that have--
       (1) a workforce of skilled personnel;
       (2) existing capacity of runways and other facilities to 
     accommodate the research, testing, and deployment of current 
     and future unmanned aerial vehicles; and
       (3) minimal restrictions on the research, development, and 
     testing of unmanned aerial vehicles resulting from proximity 
     to large population centers or airspace heavily utilized by 
     commercial flights.

     SEC. 1028. REPORT ON POST-MAJOR COMBAT OPERATIONS PHASE OF 
                   OPERATION IRAQI FREEDOM.

       (a) Report Required.--(1) Not later than March 31, 2005, 
     the Secretary of Defense shall submit to the congressional 
     defense committees a report on the conduct of military 
     operations during the post-major combat operations phase of 
     Operation Iraqi Freedom.
       (2) The report shall be prepared in consultation with the 
     Chairman of the Joint Chiefs of Staff, the Commander of the 
     United States Central Command, and such other officials as 
     the Secretary considers appropriate.
       (b) Content.--(1) The report shall include a discussion of 
     the matters described in paragraph (2), with a particular 
     emphasis on accomplishments and shortcomings and on near-term 
     and long-term corrective actions to address such 
     shortcomings.
       (2) The matters to be discussed in the report are as 
     follows:
       (A) The military and political objectives of the 
     international coalition conducting the post-major combat 
     operations phase of Operation Iraqi Freedom, and the military 
     strategy selected to achieve such objectives, together with 
     an assessment of the execution of the military strategy.
       (B) The mobilization process for the reserve components of 
     the Armed Forces, including the timeliness of notification, 
     training and certification, and subsequent demobilization.
       (C) The use and performance of major items of United States 
     military equipment, weapon systems, and munitions (including 
     non-lethal weapons and munitions, items classified under 
     special access procedures, and items drawn from prepositioned 
     stocks) and any expected effects of the experience with the 
     use and performance of such items on the doctrinal and 
     tactical employment of

[[Page S7637]]

     such items and on plans for continuing the acquisition of 
     such items.
       (D) Any additional requirements for military equipment, 
     weapon systems, munitions, force structure, or other 
     capability identified during the post-major combat operations 
     phase of Operation Iraqi Freedom, including changes in type 
     or quantity for future operations.
       (E) The effectiveness of joint air operations, together 
     with an assessment of the effectiveness of--
       (i) the employment of close air support; and
       (ii) attack helicopter operations.
       (F) The use of special operations forces, including 
     operational and intelligence uses.
       (G) The scope of logistics support, including support to 
     and from other nations and from international organizations 
     and organizations and individuals from the private sector in 
     Iraq.
       (H) The incidents of accidental fratricide, including a 
     discussion of the effectiveness of the tracking of friendly 
     forces and the use of the combat identification systems in 
     mitigating friendly fire incidents.
       (I) The adequacy of spectrum and bandwidth to transmit 
     information to operational forces and assets, including 
     unmanned aerial vehicles, ground vehicles, and individual 
     soldiers.
       (J) The effectiveness of strategic, operational, and 
     tactical information operations, including psychological 
     operations and assets, organization, and doctrine related to 
     civil affairs, in achieving established objectives, together 
     with a description of technological and other restrictions on 
     the use of information operations capabilities.
       (K) The readiness of the reserve component forces used in 
     the post-major combat operations phase of Operation Iraqi 
     Freedom, including an assessment of the success of the 
     reserve component forces in accomplishing their missions.
       (L) The adequacy of intelligence support during the post-
     major combat operations phase of Operation Iraqi Freedom, 
     including the adequacy of such support in searches for 
     weapons of mass destruction.
       (M) The rapid insertion and integration, if any, of 
     developmental but mission-essential equipment, organizations, 
     or procedures during the post-major combat operations phase 
     of Operation Iraqi Freedom.
       (N) A description of the coordination, communication, and 
     unity of effort between the Armed Forces, the Coalition 
     Provisional Authority, other United States government 
     agencies and organizations, nongovernmental organizations, 
     and political, security, and nongovernmental organizations of 
     Iraq, including an assessment of the effectiveness of such 
     efforts.
       (O) The adequacy of training for military units once 
     deployed to the United States Central Command, including 
     training for changes in unit mission and continuation 
     training for high-intensity conflict missions.
       (P) An estimate of the funding required to return or 
     replace equipment used to date in Operation Iraqi Freedom, 
     including equipment in prepositioned stocks, to mission-ready 
     condition.
       (Q) A description of military civil affairs and 
     reconstruction efforts, including through the Commanders 
     Emergency Response Program, and an assessment of the 
     effectiveness of such efforts and programs.
       (R) The adequacy of the requirements determination and 
     acquisition processes, acquisition, and distribution of force 
     protection equipment, including personal gear, vehicles, 
     helicopters, and defense devices.
       (S) The most critical lessons learned that could lead to 
     long-term doctrinal, organizational, and technological 
     changes, and the probable effects that an implementation of 
     those changes would have on current visions, goals, and plans 
     for transformation of the Armed Forces or the Department of 
     Defense.
       (T) The planning for and implementation of morale, welfare, 
     and recreation programs for deployed forces and support to 
     dependents, including rest and recuperation programs and 
     personal communication benefits such as telephone, mail, and 
     email services, including an assessment of the effectiveness 
     of such programs.
       (U) An analysis of force rotation plans, including 
     individual personnel and unit rotations, differing deployment 
     lengths, and in-theater equipment repair and leave behinds.
       (c) Form of Report.--The report shall be submitted in 
     unclassified form, but may include a classified annex.
       (d) Post-Major Combat Operations Phase of Operation Iraqi 
     Freedom Defined.--In this section, the term ``post-major 
     combat operations phase of Operation Iraqi Freedom'' means 
     the period of Operation Iraqi Freedom beginning on May 2, 
     2003, and ending on December 31, 2004.

     SEC. 1029. COMPTROLLER GENERAL ANALYSIS OF USE OF 
                   TRANSITIONAL BENEFIT CORPORATIONS IN CONNECTION 
                   WITH COMPETITIVE SOURCING OF PERFORMANCE OF 
                   DEPARTMENT OF DEFENSE ACTIVITIES AND FUNCTIONS.

       (a) Requirement for Analysis.--Not later than February 1, 
     2005, the Comptroller General shall submit to Congress an 
     analysis of the potential for use of transitional benefit 
     corporations in connection with competitive sourcing of the 
     performance of activities and functions of the Department of 
     Defense.
       (b) Specific Issues.--The analysis under this section 
     shall--
       (1) address the capabilities of transitional benefit 
     corporations--
       (A) to preserve human capital and surge capability;
       (B) to promote economic development and job creation;
       (C) to generate cost savings; and
       (D) to generate efficiencies that are comparable to or 
     exceed the efficiencies that result from competitive sourcing 
     carried out by the Department of Defense under the procedures 
     applicable to competitive sourcing by the Department of 
     Defense; and
       (2) identify areas within the Department of Defense in 
     which transitional benefit corporations could be used to add 
     value, reduce costs, and provide opportunities for beneficial 
     use of employees and other resources that are displaced by 
     competitive sourcing of the performance of activities and 
     functions of the Department of Defense.
       (d) Transitional Benefit Corporation Defined.--In this 
     section, the term ``transitional benefit corporation'' means 
     a corporation that facilitates the transfer of designated 
     (usually underutilized) real estate, equipment, intellectual 
     property, or other assets of the United States to the private 
     sector in a process that enables employees of the United 
     States in positions associated with the use of such assets to 
     retain eligibility for Federal employee benefits and to 
     continue to accrue those benefits.

     SEC. 1029A. COMPTROLLER GENERAL STUDY OF PROGRAMS OF 
                   TRANSITION ASSISTANCE FOR PERSONNEL SEPARATING 
                   FROM THE ARMED FORCES.

       (a) Requirement for Study.--The Comptroller General shall 
     carry out a study of the programs of the Department of 
     Defense and other departments and agencies of the Federal 
     Government under which transition assistance is provided to 
     personnel who are separating from active duty service in the 
     Armed Forces.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Comptroller General shall submit a 
     report on the results of the study to the Committees on Armed 
     Services of the Senate and the House of Representatives. The 
     report shall include the following matters:
       (1) Regarding the transition assistance programs under 
     section 1142 and 1144 of title 10, United States Code--
       (A) an analysis of the extent to which such programs are 
     meeting the current needs of members of the Armed Forces as 
     such personnel are discharged or released from active duty, 
     including--
       (i) a discussion of the original purposes of the programs;
       (ii) a discussion of how the programs are currently being 
     administered in relationship to those purposes; and
       (iii) an assessment of whether the programs are adequate to 
     meet the current needs of members of the reserve components, 
     including the National Guard; and
       (B) any recommendations that the Comptroller General 
     considers appropriate for improving such programs, including 
     any recommendation regarding whether participation by members 
     of the Armed Forces in such programs should be required.
       (2) An analysis of the differences, if any, among the Armed 
     Forces and among the commands of military installations of 
     the Armed Forces regarding how transition assistance is being 
     provided under the transition assistance programs, together 
     with any recommendations that the Comptroller General 
     considers appropriate--
       (A) to achieve uniformity in the provision of assistance 
     under such programs; and
       (B) to ensure that the transition assistance is provided 
     under such programs to members of the Armed Forces who are 
     being separated at medical facilities of the uniformed 
     services or Department of Veterans Affairs medical centers 
     and to Armed Forces personnel on a temporary disability 
     retired list under section 1202 or 1205 of title 10, United 
     States Code.
       (3) An analysis of the relationship of Department of 
     Defense transition assistance programs to the transition 
     assistance programs of the Department of Veterans Affairs and 
     the Department of Labor, including the relationship of the 
     benefits delivery at discharge program carried out jointly by 
     the Department of Defense and the Department of Veterans 
     Affairs to the other transition assistance programs.
       (4) The rates of participation of Armed Forces personnel in 
     the transition assistance programs, together with any 
     recommendations that the Comptroller General considers 
     appropriate to increase such participation rates, including 
     any revisions of such programs that could result in increased 
     participation.
       (5) An assessment of whether the transition assistance 
     information provided to Armed Forces personnel omits 
     transition information that would be beneficial to such 
     personnel, including an assessment of the extent to which 
     information is provided under the transition assistance 
     programs regarding participation in Federal Government 
     procurement opportunities available at prime contract and 
     subcontract levels to veterans with service-connected 
     disabilities and other veterans, together with any 
     recommendations that the Comptroller General considers 
     appropriate regarding additional information that should be 
     provided and any other recommendations that the Comptroller 
     General considers appropriate for enhancing the provision of 
     counseling on such procurement opportunities.
       (6) An assessment of the extent to which representatives of 
     military service organizations and veterans' service 
     organizations are afforded opportunities to participate, and 
     do

[[Page S7638]]

     participate, in preseparation briefings under transition 
     assistance programs, together with any recommendations that 
     the Comptroller General considers appropriate regarding how 
     representatives of such organizations could better be used to 
     disseminate transition assistance information and provide 
     preseparation counseling to Armed Forces personnel, including 
     personnel of the reserve components who are being released 
     from active duty for continuation of service in the reserve 
     components.
       (7) An analysis of the use of post-deployment and 
     predischarge health screenings, together with any 
     recommendations that the Comptroller General considers 
     appropriate regarding whether and how to integrate the health 
     screening process and the transition assistance programs into 
     a single, coordinated preseparation program for Armed Forces 
     personnel being discharged or released from active duty.
       (8) An analysis of the processes of the Armed Forces for 
     conducting physical examinations of members of the Armed 
     Forces in connection with discharge and release from active 
     duty, including--
       (A) how post-deployment questionnaires are used;
       (B) the extent to which Armed Forces personnel waive the 
     physical examinations; and
       (C) how, and the extent to which, Armed Forces personnel 
     are referred for followup health care.
       (9) A discussion of the current process by which mental 
     health screenings are conducted, followup mental health care 
     is provided for, and services are provided in cases of post-
     traumatic stress disorder and related conditions for members 
     of the Armed Forces in connection with discharge and release 
     from active duty, together with--
       (A) for each of the Armed Forces, the programs that are in 
     place to identify and treat cases of post-traumatic stress 
     disorder and related conditions; and
       (B) for persons returning from deployments in connection 
     with Operation Enduring Freedom and Operation Iraqi Freedom--
       (i) the number of persons treated as a result of such 
     screenings; and
       (ii) the types of interventions.
       (c) Acquisition of Supporting Information.--In carrying out 
     the study under this section, the Comptroller General shall 
     seek to obtain views from the following persons:
       (1) The Secretary of Defense and the Secretaries of the 
     military departments.
       (2) The Secretary of Veterans Affairs.
       (3) The Secretary of Labor.
       (4) Armed Forces personnel who have received transition 
     assistance under the programs covered by the study and Armed 
     Forces personnel who have declined to accept transition 
     assistance offered under such programs.
       (5) Representatives of military service organizations and 
     representatives of veterans' service organizations.
       (6) Persons having expertise in health care (including 
     mental health care) provided under the Defense Health 
     Program, including Department of Defense personnel, 
     Department of Veterans Affairs personnel, and persons in the 
     private sector.

     SEC. 1029B. STUDY ON COORDINATION OF JOB TRAINING AND 
                   CERTIFICATION STANDARDS.

       (a) Requirement for Study.--The Secretary of Defense and 
     the Secretary of Labor shall jointly carry out a study to 
     determine ways to coordinate the standards applied by the 
     Armed Forces for the training and certification of members of 
     the Armed Forces in military occupational specialties with 
     the standards that are applied to corresponding civilian 
     occupations by occupational licensing or certification 
     agencies of governments and occupational certification 
     agencies in the private sector.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Labor shall submit a 
     joint report on the results of the study under subsection (a) 
     to Congress.

     SEC. 1029C. CONTENT OF PRESEPARATION COUNSELING FOR PERSONNEL 
                   SEPARATING FROM ACTIVE DUTY SERVICE.

       Section 1142 of title 10, United States Code, is amended--
       (1) by adding at the end of subsection (b) the following 
     new paragraph:
       ``(11) Information on participation in Federal Government 
     procurement opportunities that are available at the prime 
     contract level and at subcontract levels to veterans with 
     service-connected disabilities and other veterans.''; and
       (2) by adding at the end the following new subsection:
       ``(d) Requirements Relating to Counseling on Procurement 
     Opportunities.--(1) For the counseling under subsection 
     (b)(11), the Secretary concerned may provide for 
     participation of representatives of the Secretary of Veterans 
     Affairs, representatives of the Administrator of the Small 
     Business Administration, representatives of other appropriate 
     executive agencies, and representatives of Veterans' Business 
     Outreach Centers and Small Business Development Centers.
       ``(2) The Secretary concerned may provide for the 
     counseling under paragraph (11) of subsection (b) to be 
     offered at medical centers of the Department of Veterans 
     Affairs as well as the medical care facilities of the 
     uniformed services and other facilities at which the 
     counseling on the other matters required under such 
     subsection is offered. The access of representatives 
     described in paragraph (1) to a member of the armed forces to 
     provide such counseling shall be subject to the consent of 
     that member.''.

     SEC. 1029D. PERIODIC DETAILED ACCOUNTING FOR OPERATIONS OF 
                   THE GLOBAL WAR ON TERRORISM.

       (a) Quarterly Accounting.--Not later than 45 days after the 
     end of each quarter of a year, the Secretary of Defense shall 
     submit to the congressional defense committees, for such 
     quarter for each operation described in subsection (b), a 
     full accounting of all costs incurred for such operation 
     during such quarter and all amounts expended during such 
     quarter for such operation, and the purposes for which such 
     costs were incurred and such amounts were expended.
       (b) Operations Covered.--The operations referred to in 
     subsection (a) are as follows:
       (1) Operation Iraqi Freedom.
       (2) Operation Enduring Freedom.
       (3) Operation Noble Eagle.
       (4) Any other operation that the President designates as 
     being an operation of the Global War on Terrorism.
       (c) Requirement for Comprehensiveness.--For the purpose of 
     providing a full and complete accounting of the costs and 
     expenditures under subsection (a) for operations described in 
     subsection (b), the Secretary shall account in the quarterly 
     submission under subsection (a) for all costs and 
     expenditures that are reasonably attributable to such 
     operations, including personnel costs.

     SEC. 1029E. REPORT ON THE STABILIZATION OF IRAQ.

       Not later than 120 days after the date of the enactment of 
     this Act, the President shall submit to the congressional 
     defense committees an unclassified report (with classified 
     annex, if necessary) on the strategy of the United States and 
     coalition forces for stabilizing Iraq. The report shall 
     contain a detailed explanation of the strategy, together with 
     the following information:
       (1) A description of the efforts of the President to work 
     with the United Nations to provide support for, and 
     assistance to, the transitional government in Iraq, and, in 
     particular, the efforts of the President to negotiate and 
     secure adoption by the United Nations Security Council of 
     Resolution 1546.
       (2) A description of the efforts of the President to 
     continue to work with North Atlantic Treaty Organization 
     (NATO) member states and non-NATO member states to provide 
     support for and augment coalition forces, including efforts, 
     as determined by the United States combatant commander, in 
     consultation with coalition forces, to evaluate the--
       (A) the current military forces of the NATO and non-NATO 
     member countries deployed to Iraq;
       (B) the current police forces of NATO and non-NATO member 
     countries deployed to Iraq; and
       (C) the current financial resources of NATO and non-NATO 
     member countries provided for the stabilization and 
     reconstruction of Iraq.
       (3) As a result of the efforts described in paragraph (2)--
       (A) a list of the NATO and non-NATO member countries that 
     have deployed and will have agreed to deploy military and 
     police forces; and
       (B) with respect to each such country, the schedule and 
     level of such deployments.
       (4) A description of the efforts of the United States and 
     coalition forces to develop the domestic security forces of 
     Iraq for the internal security and external defense of Iraq, 
     including a description of United States plans to recruit, 
     train, equip, and deploy domestic security forces of Iraq.
       (5) As a result of the efforts described in paragraph (4)--
       (A) the number of members of the security forces of Iraq 
     that have been recruited;
       (B) the number of members of the security forces of Iraq 
     that have been trained; and
       (C) the number of members of the security forces of Iraq 
     that have been deployed.
       (6) A description of the efforts of the United States and 
     coalition forces to assist in the reconstruction of essential 
     infrastructure of Iraq, including the oil industry, 
     electricity generation, roads, schools, and hospitals.
       (7) A description of the efforts of the United States, 
     coalition partners, and relevant international agencies to 
     assist in the development of political institutions and 
     prepare for democratic elections in Iraq.
       (8) A description of the obstacles, including financial, 
     technical, logistic, personnel, political, and other 
     obstacles, faced by NATO in generating and deploying military 
     forces out of theater to locations such as Iraq.

     SEC. 1029F. REPORTS ON MATTERS RELATING TO DETAINMENT OF 
                   PRISONERS BY THE DEPARTMENT OF DEFENSE.

       (a) Reports Required.--Not later than 90 days after the 
     date of the enactment of this Act, and annually thereafter, 
     the Secretary of Defense shall submit to the appropriate 
     committees of Congress a report on the population of persons 
     held by the Department of Defense for more than 45 days and 
     on the facilities in which such persons are held.
       (b) Report Elements.--Each report under subsection (a) 
     shall include the following:
       (1) General information on the foreign national detainees 
     in the custody of the Department on the date of such report, 
     including the following:
       (A) The best estimate of the Department of the number of 
     the total number of detainees in the custody of the 
     Department as of the date of such report.

[[Page S7639]]

       (B) The countries in which such detainees were detained, 
     and the number of detainees detained in each such country.
       (C) The best estimate of the Department of the total number 
     of detainees released from the custody of the Department 
     during the one-year period ending on the date of such report.
       (2) For each foreign national detained and registered with 
     the National Detainee Reporting Center by the Department on 
     the date of such report the following:
       (A) The Internment Serial Number or other appropriate 
     identification number.
       (B) The nationality, if available.
       (C) The place at which taken into custody, if available.
       (D) The circumstances of being taken into custody, if 
     available.
       (E) The place of detention.
       (F) The current length of detention.
       (G) A categorization as a civilian detainee, enemy prisoner 
     of war/prisoner of war, or enemy combatant.
       (H) Information as to transfer to the jurisdiction of 
     another country, including the identity of such country.
       (3) Information on the detention facilities and practices 
     of the Department for the one-year period ending on the date 
     of such report, including for each facility of the Department 
     at which detainees were detained by the Department during 
     such period the following:
       (A) The name of such facility.
       (B) The location of such facility.
       (C) The number of detainees detained at such facility as of 
     the end of such period.
       (D) The capacity of such facility.
       (E) The number of military personnel assigned to such 
     facility as of the end of such period.
       (F) The number of other employees of the United States 
     Government assigned to such facility as of the end of such 
     period.
       (G) The number of contractor personnel assigned to such 
     facility as of the end of such period.
       (c) Form of Report.--Each report under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       (2) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.

                 Subtitle D--Matters Relating to Space

     SEC. 1031. SPACE POSTURE REVIEW.

       (a) Requirement for Comprehensive Review.--In order to 
     clarify the national security space policy and strategy of 
     the United States for the near term, the Secretary of Defense 
     shall conduct a comprehensive review of the space posture of 
     the United States over the posture review period.
       (b) Elements of Review.--The review conducted under 
     subsection (a) shall include, for the posture review period, 
     the following:
       (1) The role of space in United States military and 
     national security strategy, planning, and programming.
       (2) The policy, requirements, and objectives for space 
     situational awareness.
       (3) The policy, requirements, and objectives for space 
     control.
       (4) The policy, requirements, and objectives for space 
     superiority, including defensive and offensive counterspace.
       (5) The policy, requirements, and objectives for space 
     exploitation, including force enhancement and force 
     application.
       (6) The policy, requirements, and objectives for 
     intelligence surveillance and reconnaissance from space.
       (7) Current and planned space programs, including how each 
     such program will address the policy, requirements, and 
     objectives described in paragraphs (1) through (6).
       (8) The relationship among United States military space 
     policy and national security space policy, space objectives, 
     and arms control policy.
       (9) The type of systems, including space systems, that are 
     necessary to implement United States military and national 
     security space policies.
       (10) The effect of United States national security space 
     policy on weapons proliferation.
       (c) Reports.--(1) Not later than March 15, 2005, the 
     Secretary of Defense shall submit to the congressional 
     defense committees an interim report on the review conducted 
     under subsection (a).
       (2) Not later than December 31, 2005, the Secretary shall 
     submit to the congressional defense committees a final report 
     on the review.
       (3) Each report under this subsection shall be submitted in 
     unclassified form, but may include a classified annex.
       (4) The reports under this subsection shall also be 
     submitted to the Select Committee on Intelligence of the 
     Senate and the Permanent Select Committee on Intelligence of 
     the House of Representatives.
       (d) Joint Undertaking With the Director of Central 
     Intelligence.--The Secretary of Defense shall conduct the 
     review under this section, and submit the reports under 
     subsection (c), jointly with the Director of Central 
     Intelligence.
       (e) Posture Review Period Defined.--In this section, the 
     term ``posture review period'' means the period beginning one 
     year after the date of the enactment of this Act and ending 
     ten years after that date.

     SEC. 1032. PANEL ON THE FUTURE OF MILITARY SPACE LAUNCH.

       (a) In General.--(1) The Secretary of Defense shall enter 
     into a contract with a federally funded research and 
     development center to establish a panel on the future 
     military space launch requirements of the United States, 
     including means of meeting such requirements.
       (2) The Secretary shall enter into the contract not later 
     than 60 days after the date of the enactment of this Act.
       (b) Membership and Administration of Panel.--(1) The panel 
     shall consist of individuals selected by the federally funded 
     research and development center from among private citizens 
     of the United States with knowledge and expertise in one or 
     more of the following areas:
       (A) Space launch operations.
       (B) Space launch technologies.
       (C) Satellite and satellite payloads.
       (D) State and national launch complexes.
       (E) Space launch economics.
       (2) The federally funded research and development center 
     shall establish appropriate procedures for the administration 
     of the panel, including designation of the chairman of the 
     panel from among its members.
       (3) All panel members shall hold security clearances 
     appropriate for the work of the panel.
       (4) The panel shall convene its first meeting not later 
     than 30 days after the date on which all members of the panel 
     have been selected.
       (c) Duties.--(1) The panel shall conduct a review and 
     assessment of the future military space launch requirements 
     of the United States, including the means of meeting such 
     requirements.
       (2) The review and assessment shall take into account 
     matters as follows:
       (A) Launch economics.
       (B) Operational concepts and architectures.
       (C) Launch technologies, including--
       (i) reusable launch vehicles;
       (ii) expendable launch vehicles;
       (iii) low cost options; and
       (iv) revolutionary approaches.
       (D) Payloads, including their implications for launch 
     requirements.
       (E) Launch infrastructure.
       (F) Launch industrial base.
       (G) Relationships among military, civilian, and commercial 
     launch requirements.
       (3) The review and assessment shall address military space 
     launch requirements over each of the 5-year, 10-year, and 15-
     year periods beginning with 2005.
       (d) Cooperation of Federal Agencies.--(1) The panel may 
     secure directly from the Department of Defense or any other 
     department or agency of the Federal Government any 
     information that the panel considers necessary to carry out 
     its duties.
       (2) The Secretary of Defense shall designate at least one 
     senior civilian employee of the Department of Defense and at 
     least one general or flag officer of an Armed Force to serve 
     as liaison between the Department, the Armed Forces, and the 
     panel.
       (e) Report.--Not later than one year after the date of the 
     first meeting of the panel under subsection (b)(4), the panel 
     shall submit to the Secretary of Defense, the congressional 
     defense committees, the Select Committee on Intelligence of 
     the Senate, and the Permanent Select Committee on 
     Intelligence of the House of Representatives a report on the 
     results of the review and assessment under subsection (c). 
     The report shall include--
       (1) the findings and conclusions of the panel on the future 
     military space launch requirements of the United States, 
     including means of meeting such requirements;
       (2) the assessment of panel, and any recommendations of the 
     panel, on--
       (A) launch operational concepts and architectures;
       (B) launch technologies;
       (C) launch enabling technologies; and
       (D) priorities for funding; and
       (3) the assessment of the panel as to the best means of 
     meeting the future military space launch requirements of the 
     United States.
       (f) Termination.--The panel shall terminate 16 months after 
     the date on which the chairman of the panel is designated 
     pursuant to subsection (b)(2).
       (g) Funding.--Amounts authorized to be appropriated to the 
     Department of Defense shall be available to the Secretary of 
     Defense for purposes of the contract required by subsection 
     (a).

     SEC. 1033. OPERATIONALLY RESPONSIVE NATIONAL SECURITY 
                   PAYLOADS FOR SPACE SATELLITES.

       (a) Planning, Programming, and Management.--(1) Chapter 135 
     of title 10, United States Code, is amended by inserting 
     after section 2273 the following new section:

     ``Sec. 2273a. Operationally responsive national security 
       payloads

       ``(a) Requirement for Program Element.--The Secretary of 
     Defense shall ensure that operationally responsive national 
     security payloads of the Department of Defense for space 
     satellites are planned, programmed, and budgeted for as a 
     separate, dedicated program element.
       ``(b) Management Authority.--The Secretary of Defense shall 
     assign management authority for the program element required 
     under subsection (a) to the Director of the Office of Force 
     Transformation.
       ``(c) Definition of Operationally Responsive.--In this 
     section, the term `operationally responsive', with respect to 
     a national

[[Page S7640]]

     security payload for a space satellite, means an experimental 
     or operational payload not in excess of 5,000 pounds that--
       ``(1) can be developed and acquired within 18 months after 
     authority to proceed with development is granted; and
       ``(2) is responsive to requirements for capabilities at the 
     operational and tactical levels of warfare.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     2273 the following new item:

``2273a. Operationally responsive national security payloads.''.
       (b) Time for Implementation.--Section 2273a(a) of title 10, 
     United States Code, shall apply with respect to fiscal years 
     beginning after September 30, 2005.
       (c) Funding.--Of the amount authorized to be appropriated 
     under section 201(4), $25,000,000 shall be available for 
     research, development, test, and evaluation of operationally 
     responsive national security payloads for space satellites.

     SEC. 1034. NONDISCLOSURE OF CERTAIN PRODUCTS OF COMMERCIAL 
                   SATELLITE OPERATIONS.

       (a) Disclosure Prohibited.--Land remote sensing information 
     may not be disclosed under section 552 of title 5, United 
     States Code.
       (b) Land Remote Sensing Information Defined.--In this 
     section, the term ``land remote sensing information''--
       (1) means any data that--
       (A) are collected by land remote sensing; and
       (B) are prohibited from sale to customers other than the 
     United States Government and its affiliated users under the 
     Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et 
     seq.); and
       (2) includes any imagery and other product that is derived 
     from such data.
       (c) State or Local Government Disclosures.--Land remote 
     sensing information provided by the head of a department or 
     agency of the United States to a State or local government 
     may not be made available to the general public under any 
     State or local law relating to the disclosure of information 
     or records.
       (d) Safeguarding Information.--The head of each department 
     or agency of the United States having land remote sensing 
     information within that department or agency or providing 
     such information to a State or local government shall take 
     such actions, commensurate with the sensitivity of that 
     information, as are necessary to protect that information 
     from disclosure prohibited under this section.
       (e) Other Definitions.--In this section, the terms ``land 
     remote sensing'' and ``United States Government and its 
     affiliated users'' have the meanings given such terms in 
     section 3 of such Act (15 U.S.C. 5602).

     SEC. 1035. SENSE OF CONGRESS ON SPACE LAUNCH RANGES.

       It is the sense of Congress that the Secretary of Defense 
     should provide support for, and continue the development, 
     certification, and deployment of range safety systems that 
     are capable of--
       (1) reducing costs related to national security space 
     launches and launch infrastructure; and
       (2) enhancing technical capabilities and operational safety 
     at the Eastern, Western, and other United States space launch 
     ranges.

                 Subtitle E--Defense Against Terrorism

     SEC. 1041. TEMPORARY ACCEPTANCE OF COMMUNICATIONS EQUIPMENT 
                   PROVIDED BY LOCAL PUBLIC SAFETY AGENCIES.

       (a) Authority.--Chapter 155 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2613. Emergency communications equipment: temporary 
       acceptance from local public safety agencies

       ``(a) Authority for Temporary Acceptance of Equipment.--(1) 
     Under regulations prescribed by the Secretary concerned, the 
     commander of a military installation may include in a 
     disaster response agreement with a local public safety agency 
     a clause that provides for the commander to accept from the 
     public safety agency for use during a natural or man-made 
     disaster any communications equipment that is useful for 
     communicating with such agency during a joint response by the 
     commander and such agency to such disaster.
       ``(2) The authority under paragraph (1) includes authority 
     to accept services related to the operation and maintenance 
     of communications equipment accepted under that paragraph.
       ``(3) In the case of a military installation administered 
     by an officer or employee of the United States, such officer 
     or employee may exercise the authority of a commander under 
     this section.
       ``(b) Conditions.--Acceptance of communications equipment 
     and services by a commander from a public safety agency under 
     subsection (a) is subject to the following conditions:
       ``(1) Acceptance of equipment is authorized only to the 
     extent that communications equipment under the control of the 
     commander is inadequate to meet requirements for 
     communicating with that public safety agency during a joint 
     response to a disaster.
       ``(2) Acceptance of services for the operation or 
     maintenance of communications equipment is authorized only to 
     the extent that capabilities under the control of the 
     commander are inadequate to operate or maintain such 
     equipment.
       ``(c) Liability.--(1) An emergency response agreement under 
     this section shall include a clause that--
       ``(A) specifies the means for the commander to pay for use, 
     loss, or damage of equipment, and for services, accepted 
     under the agreement; or
       ``(B) ensures that the United States is not liable for 
     costs incurred for the acceptance and use of the equipment or 
     services nor for any loss or damage of such equipment.
       ``(2) No person providing services accepted under an 
     emergency response agreement may be considered to be an 
     officer, employee, or agent of the United States for any 
     purpose.
       ``(d) Guidance.--The Secretary of Defense shall prescribe 
     guidance for the administration of the requirements and 
     authority under this section.
       ``(e) Definitions.--In this section:
       ``(1) The term `emergency response agreement' means a 
     memorandum of agreement or memorandum of understanding that 
     provides for mutual support by Department of Defense 
     personnel and local public safety agency personnel in 
     response to a natural or man-made disaster.
       ``(2) The term `military installation' has the meaning 
     given such term in section 2801(c) of this title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``2613. Emergency communications equipment: temporary acceptance from 
              local public safety agencies.''.

     SEC. 1042. FULL-TIME DEDICATION OF AIRLIFT SUPPORT FOR 
                   HOMELAND DEFENSE OPERATIONS.

       (a) Determination Required.--(1) The Secretary of Defense 
     shall determine the feasibility and advisability of 
     dedicating an airlift capability of the Armed Forces on a 
     full-time basis to the support of homeland defense 
     operations, including operations in support of contingent 
     requirements for transporting Weapons of Mass Destruction 
     Civil Support Teams, Air Force expeditionary medical teams, 
     and Department of Energy emergency response teams in response 
     to natural disasters and man-made disasters.
       (2) In making the determination under paragraph (1), the 
     Secretary shall take into consideration the results of the 
     study required under subsection (b).
       (b) Requirement for Study and Plan.--(1) The Secretary of 
     Defense shall conduct a study of the existing plans and 
     capabilities of the Department of Defense for meeting 
     contingent requirements for transporting teams described in 
     subsection (a)(1) in response to natural disasters and man-
     made disasters.
       (2) The Secretary shall prepare a plan for resolving any 
     deficiencies in the existing plans and capabilities for 
     meeting the transportation requirements described in 
     paragraph (1).
       (3) The Secretary of Defense shall require the commander of 
     the United States Northern Command and the commander of the 
     United States Transportation Command to carry out jointly the 
     study required under paragraph (1) and to prepare jointly the 
     plan required under paragraph (2).
       (c) Report.--Not later than April 1, 2005, the Secretary 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report on the 
     results of the study under subsection (b). The report shall 
     include the following matters:
       (1) The Secretary's determination under subsection (a).
       (2) An assessment and discussion of the adequacy of 
     existing plans and capabilities of the Department of Defense 
     for meeting the transportation requirements described in 
     subsection (b)(1).
       (3) The plan required under subsection (b)(2).
       (d) Definition.--In this section, the term ``Weapons of 
     Mass Destruction Civil Support Team'' has the meaning given 
     such term in section 305b(e) of title 37, United States Code.

     SEC. 1043. SURVIVABILITY OF CRITICAL SYSTEMS EXPOSED TO 
                   CHEMICAL OR BIOLOGICAL CONTAMINATION.

       (a) Requirement for Implementation Plan.--Not later than 
     120 days after the date of the enactment of this Act, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a plan, for implementation by the 
     Department of Defense, that sets forth a systematic approach 
     for ensuring the survivability of defense critical systems 
     upon contamination of such systems by chemical or biological 
     agents.
       (b) Content.--At a minimum, the plan under subsection (a) 
     shall include--
       (1) policies for ensuring that the survivability of defense 
     critical systems in the event of contamination by chemical or 
     biological agents is adequately addressed throughout the 
     Department of Defense;
       (2) a systematic process for identifying which systems are 
     defense critical systems;
       (3) specific testing procedures to be used during the 
     design and development of new defense critical systems; and
       (4) a centralized database that--
       (A) contains comprehensive information on the effects of 
     chemical and biological agents and decontaminants on 
     materials used in defense critical systems; and
       (B) is easily accessible to personnel who have duties to 
     ensure the survivability of defense critical systems upon 
     contamination of

[[Page S7641]]

     such systems by chemical and biological agents.
       (c) Defense Critical Systems Defined.--In this section, the 
     term ``defense critical system'' means a Department of 
     Defense system that is critical to the national security of 
     the United States.

             Subtitle F--Matters Relating to Other Nations

     SEC. 1051. HUMANITARIAN ASSISTANCE FOR THE DETECTION AND 
                   CLEARANCE OF LANDMINES AND EXPLOSIVE REMNANTS 
                   OF WAR.

       (a) Restatement and Expansion of Authority.--(1) Chapter 20 
     of title 10, United States Code, is amended by adding at the 
     end the following new section:

     ``Sec. 406. Humanitarian assistance for the detection and 
       clearance of landmines and explosive remnants of war

       ``(a) In General.--Under regulations prescribed by the 
     Secretary of Defense, members of the armed forces may provide 
     humanitarian assistance for the detection and clearance of 
     landmines or explosive remnants of war in a foreign country, 
     including activities relating to the furnishing of education, 
     training, and technical assistance, if the Secretary 
     determines that the provision of such assistance will 
     promote--
       ``(1) the security interests of both the United States and 
     the country in which such assistance is to be provided; and
       ``(2) the specific operational readiness skills of the 
     members of the armed forces who provide such assistance.
       ``(b) Limitations on Activities of Members of the Armed 
     Forces.--The Secretary shall ensure that no member of the 
     armed forces, while providing assistance under this section--
       ``(1) engages in the physical detection, lifting or 
     destroying of landmines or explosive remnants of war (unless 
     the member does so for the concurrent purpose of supporting a 
     United States military operation); or
       ``(2) provides such assistance as part of a military 
     operation that does not involve the armed forces.
       ``(c) Requirement for Approval of Secretary of State.--
     Humanitarian assistance for the detection and clearance of 
     landmines and remnants of war may not be provided under this 
     section to any foreign country unless the Secretary of State 
     specifically approves the provision of such assistance to 
     such foreign country.
       ``(d) Availability of Funds for Certain Expenses.--(1) To 
     the extent provided in Acts authorizing appropriations for 
     military activities of the Department of Defense, funds 
     authorized to be appropriated to the Department for a fiscal 
     year for humanitarian assistance shall be available for the 
     purpose of providing assistance under this section.
       ``(2) Expenses incurred as a direct result of providing 
     humanitarian assistance under this section to a foreign 
     country shall be paid out of funds specifically appropriated 
     for such purpose.
       ``(3) Expenses covered by paragraph (2) include the 
     following:
       ``(A) Travel, transportation, and subsistence expenses of 
     Department of Defense personnel providing humanitarian 
     assistance under this section.
       ``(B) The cost of any equipment, services, or supplies 
     acquired for the purpose of carrying out or supporting the 
     provision of such assistance, including any nonlethal, 
     individual, or small-team landmine or explosive remnant of 
     war clearing equipment or supplies that are to be transferred 
     or otherwise furnished to a foreign country in furtherance of 
     the provision of assistance under this section.
       ``(4) The cost of equipment, services and supplies provided 
     in any fiscal year to a foreign country under paragraph 
     (3)(B) may not exceed $5,000,000.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``406. Humanitarian assistance for the detection and clearance of 
              landmines and explosive remnants of war.''.

       (b) Repeal of Superseded Authority.--Section 401 of such 
     title is amended--
       (1) in subsection (a), by striking paragraph (4);
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``(1)''; and
       (B) by striking paragraph (2);
       (3) in subsection (c)--
       (A) by striking paragraphs (2) and (3); and
       (B) by redesignating paragraph (4) as paragraph (2); and
       (4) in subsection (e), by striking paragraph (5).

     SEC. 1052. USE OF FUNDS FOR UNIFIED COUNTERDRUG AND 
                   COUNTERTERRORISM CAMPAIGN IN COLOMBIA.

       (a) Authority.--(1) In fiscal years 2005 and 2006, funds 
     available to the Department of Defense to provide assistance 
     to the Government of Colombia may be used by the Secretary of 
     Defense to support a unified campaign by the Government of 
     Colombia against narcotics trafficking and against activities 
     by organizations designated as terrorist organizations, such 
     as the Revolutionary Armed Forces of Colombia (FARC), the 
     National Liberation Army (ELN), and the United Self-Defense 
     Forces of Colombia (AUC).
       (2) The authority to provide assistance for a campaign 
     under this subsection includes authority to take actions to 
     protect human health and welfare in emergency circumstances, 
     including the undertaking of rescue operations.
       (b) Applicability of Certain Laws and Limitations.--The use 
     of funds pursuant to the authority in subsection (a) shall be 
     subject to the following:
       (1) Sections 556, 567, and 568 of the Foreign Operations, 
     Export Financing, and Related Programs Appropriations Act, 
     2002 (Public Law 107-115; 115 Stat. 2160, 2165, and 2166).
       (2) Section 8077 of the Department of Defense 
     Appropriations Act, 2004 (Public Law 108-87; 117 Stat. 1090).
       (c) Numerical Limitation on Assignment of United States 
     Personnel.--Notwithstanding section 3204(b) of the Emergency 
     Supplemental Act, 2000 (Division B of Public Law 106-246; 114 
     Stat. 575), as amended by the Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 2002 
     (Public Law 107-115; 115 Stat. 2131), the number of United 
     States personnel assigned to conduct activities in Colombia 
     in connection with support of Plan Colombia under subsection 
     (a) in fiscal years 2005 and 2006 shall be subject to the 
     following limitations:
       (1) The number of United States military personnel assigned 
     for temporary or permanent duty in Colombia in connection 
     with support of Plan Colombia may not exceed 800.
       (2) The number of United States individual citizens 
     retained as contractors in Colombia in connection with 
     support of Plan Colombia who are funded by Federal funds may 
     not exceed 600.
       (d) Limitation on Participation of United States 
     Personnel.--No United States Armed Forces personnel, United 
     States civilian employees, or United States civilian 
     contractor personnel employed by the United States may 
     participate in any combat operation in connection with 
     assistance using funds pursuant to the authority in 
     subsection (a), except for the purpose of acting in self 
     defense or of rescuing any United States citizen, including 
     any United States Armed Forces personnel, United States 
     civilian employee, or civilian contractor employed by the 
     United States.
       (e) Relation to Other Authority.--The authority provided by 
     subsection (a) is in addition to any other authority in law 
     to provide assistance to the Government of Colombia.
       (f) Report on Relationships Between Terrorist Organizations 
     in Colombia and Foreign Governments and Organizations.--(1) 
     Not later than 60 days after the date of the enactment of 
     this Act, the Secretary of State shall, in consultation with 
     the Secretary of Defense and the Director of Central 
     Intelligence, submit to the congressional defense committees 
     and the Committee on Foreign Relations of the Senate and the 
     Committee on International Relations of the House of 
     Representatives a report that describes--
       (A) any relationships between foreign governments or 
     organizations and organizations based in Colombia that have 
     been designated as foreign terrorist organizations under 
     United States law, including the provision of any direct or 
     indirect assistance to such organizations; and
       (B) United States policies that are designed to address 
     such relationships.
       (2) The report under paragraph (1) shall be submitted in 
     unclassified form, but may include a classified annex.

     SEC. 1053. ASSISTANCE TO IRAQ AND AFGHANISTAN MILITARY AND 
                   SECURITY FORCES.

       (a) Authority.--Subject to the limitations in subsection 
     (c), the Secretary of Defense may provide assistance in 
     fiscal year 2005 to Iraq and Afghanistan military or security 
     forces solely to enhance their ability to combat terrorism 
     and support United States or coalition military operations in 
     Iraq and Afghanistan, respectively.
       (b) Type of Assistance.--Assistance provided under 
     subsection (a) may include equipment, supplies, services, and 
     training.
       (c) Limitations.--(1) The Secretary of Defense may provide 
     assistance under this section only with the concurrence of 
     the Secretary of State and, in any case in which section 
     104(e) of the National Security Act of 1947 (50 U.S.C. 403-
     4(e)) applies, the Director of Central Intelligence.
       (2) The cost of assistance provided under this section may 
     be paid only out of funds available to the Department of 
     Defense for fiscal year 2005 for operation and maintenance 
     and may not exceed $250,000,000.
       (d) Relationship to Other Authority.--The authority to 
     provide assistance under this section is in addition to any 
     other authority to provide assistance to Iraq and 
     Afghanistan.
       (e) Congressional Notification.--Not later than 15 days 
     before providing assistance to a recipient under this 
     section, the Secretary of Defense shall submit to the 
     congressional defense committees a notification of the 
     assistance proposed to be provided.

     SEC. 1054. ASSIGNMENT OF NATO NAVAL PERSONNEL TO SUBMARINE 
                   SAFETY RESEARCH AND DEVELOPMENT PROGRAMS.

       (a) Authority.--Chapter 631 of title 10, United States 
     Code, is amended by inserting after the item relating to 
     section 7205 the following new section:

     ``Sec. 7206. Submarine safety research and development: 
       acceptance of services of NATO naval personnel

       ``(a) Authority.--The Secretary of the Navy may, subject to 
     subsection (e), accept

[[Page S7642]]

     the assignment of one or more members of the navy of another 
     member country of the North Atlantic Treaty Organization to a 
     command of the Navy for work on the development, 
     standardization, or interoperability of submarine vessel 
     safety and rescue systems and procedures if the Secretary 
     determines that doing so would facilitate the development, 
     standardization, and interoperability of submarine vessel 
     safety and rescue systems and procedures for the Navy, the 
     navy of that foreign country, and any other navy involved in 
     that work.
       ``(b) Reciprocity Not Required.--The authority under 
     subsection (a) is not an exchange program. Reciprocal 
     assignments of members of the Navy to a navy of a foreign 
     country is not a condition for the exercise of such 
     authority.
       ``(c) Payment of Personnel Costs.--(1) The acceptance of a 
     member of a navy of a foreign country under this section is 
     subject to the condition that the government of that country 
     pay the salary, per diem allowance, subsistence costs, travel 
     costs, cost of language or other training, and other costs 
     for that member in accordance with the laws and regulations 
     of such country.
       ``(2) Paragraph (1) does not apply to the following costs:
       ``(A) The cost of temporary duty directed by the Secretary 
     of the Navy or an officer of the Navy authorized to do so.
       ``(B) The cost of a training program conducted to 
     familiarize, orient, or certify foreign naval personnel 
     regarding unique aspects of their assignments.
       ``(C) Any cost incident to the use of the facilities of the 
     Navy in the performance of assigned duties.
       ``(d) Relationship to Other Authority.--The provisions of 
     this section shall apply to any other authority that the 
     Secretary of the Navy may exercise, subject to the 
     concurrence of the Secretary of State, to enter into an 
     agreement with the government of a foreign country to provide 
     for the assignment of members of the navy of that foreign 
     country to a Navy submarine safety program. The Secretary of 
     the Navy may prescribe regulations for the application of 
     this section in the exercise of such authority.
       ``(e) Termination of Authority.--The Secretary of the Navy 
     may not accept the assignment of a member of the navy of a 
     foreign country under this section after September 30, 
     2008.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 7205 the following new item:

``7206. Submarine safety research and development: acceptance of 
              services of NATO naval personnel.''.

     SEC. 1055. COMPENSATION FOR FORMER PRISONERS OF WAR.

       Any plan of the Secretary of Defense to provide 
     compensation to an individual who was injured in a military 
     prison under the control of the United States in Iraq shall 
     include a provision to address the injuries suffered by the 
     17 citizens of the United States who were held as prisoners 
     of war by the regime of Saddam Hussein during the First Gulf 
     War.

     SEC. 1056. DRUG ERADICATION EFFORTS IN AFGHANISTAN.

       (a) Findings.--Congress makes the following findings:
       (1) The United States engaged in military action against 
     the Taliban-controlled Government of Afghanistan in 2001 in 
     direct response to the Taliban's support and aid to Al Qaeda.
       (2) The military action against the Taliban in Afghanistan 
     was designed, in part, to disrupt the activities of, and 
     financial support for, terrorists.
       (3) A greater percentage of the world's opium supply is now 
     produced in Afghanistan than before the Taliban banned the 
     cultivation or trade of opium.
       (4) In 2004, more than two years after the Taliban was 
     forcefully removed from power, Afghanistan is supplying 
     approximately 75 percent of the world's heroin.
       (5) The estimated value of the opium harvested in 
     Afghanistan in 2003 was $2,300,000,000.
       (6) Some of the profits associated with opium harvested in 
     Afghanistan continue to fund terrorists and terrorist 
     organizations, including Al Qaeda, that seek to attack the 
     United States and United States interests.
       (7) The global war on terror is and should remain our 
     Nation's highest national security priority.
       (8) United States and Coalition counterdrug efforts in 
     Afghanistan have not yet produced significant results.
       (9) There are indications of strong, direct connections 
     between terrorism and drug trafficking.
       (10) The elimination of this funding source is critical to 
     making significant progress in the global war on terror.
       (11) The President of Afghanistan, Hamid Karzai, has stated 
     that opium production poses a significant threat to the 
     future of Afghanistan, and has established a plan of action 
     to deal with this threat.
       (12) The United Nations Office on Drugs and Crime has 
     reported that Afghanistan is at risk of again becoming a 
     failed state if strong actions are not taken against 
     narcotics.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the President should make the substantial reduction of 
     drug trafficking in Afghanistan a priority in the war on 
     terror;
       (2) the Secretary of Defense should, in coordination with 
     the Secretary of State, work to a greater extent in 
     cooperation with the Government of Afghanistan and 
     international organizations involved in counterdrug 
     activities to assist in providing a secure environment for 
     counterdrug personnel in Afghanistan; and
       (3) because the trafficking of narcotics is known to 
     support terrorist activities and contributes to the 
     instability of the Government of Afghanistan, additional 
     efforts should be made by the Armed Forces of the United 
     States, in conjunction with and in support of coalition 
     forces, to significantly reduce narcotics trafficking in 
     Afghanistan and neighboring countries, with particular focus 
     on those trafficking organizations with the closest links to 
     known terrorist organizations.
       (c) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report that describes--
       (1) progress made towards substantially reducing the poppy 
     cultivation and heroin production capabilities in 
     Afghanistan; and
       (2) the extent to which profits from illegal drug activity 
     in Afghanistan fund terrorist organizations and support 
     groups that seek to undermine the Government of Afghanistan.

     SEC. 1057. HUMANE TREATMENT OF DETAINEES.

       (a) Findings.--Congress makes the following findings:
       (1) After World War II, the United States and its allies 
     created a new international legal order based on respect for 
     human rights. One of its fundamental tenets was a universal 
     prohibition on torture and ill treatment.
       (2) On June 26, 2003, the International Day in Support of 
     Victims of Torture, President George W. Bush stated, ``The 
     United States is committed to the world-wide elimination of 
     torture and we are leading this fight by example. I call on 
     all governments to join with the United States and the 
     community of law-abiding nations in prohibiting, 
     investigating, and prosecuting all acts of torture and in 
     undertaking to prevent other cruel and unusual punishment.''.
       (3) The United States is a party to the Geneva Conventions, 
     which prohibit torture, cruel treatment, or outrages upon 
     personal dignity, in particular, humiliating and degrading 
     treatment, during armed conflict.
       (4) The United States is a party to 2 treaties that 
     prohibit torture and cruel, inhuman, or degrading treatment 
     or punishment, as follows:
       (A) The International Covenant on Civil and Political 
     Rights, done at New York December 16, 1966.
       (B) The Convention against Torture and Other Cruel, Inhuman 
     or Degrading Treatment or Punishment, done at New York 
     December 10, 1984.
       (5) The United States filed reservations to the treaties 
     described in subparagraphs (A) and (B) of paragraph (4) 
     stating that the United States considers itself bound to 
     prevent ``cruel, inhuman or degrading treatment or 
     punishment'' to the extent that phrase means the cruel, 
     unusual, and inhumane treatment or punishment prohibited by 
     the 5th amendment, 8th amendment, or 14th amendment to the 
     Constitution.
       (6) Army Regulation 190-8 entitled ``Enemy Prisoners of 
     War, Retained Personnel, Civilian Internees and Other 
     Detainees'' provides that ``Inhumane treatment is a serious 
     and punishable violation under international law and the 
     Uniform Code of Military Justice (UCMJ). . . . All prisoners 
     will receive humane treatment without regard to race, 
     nationality, religion, political opinion, sex, or other 
     criteria. The following acts are prohibited: murder, torture, 
     corporal punishment, mutilation, the taking of hostages, 
     sensory deprivation, collective punishments, execution 
     without trial by proper authority, and all cruel and 
     degrading treatment. . . . All persons will be respected as 
     human beings. They will be protected against all acts of 
     violence to include rape, forced prostitution, assault and 
     theft, insults, public curiosity, bodily injury, and 
     reprisals of any kind. . . . This list is not exclusive.''.
       (7) The Field Manual on Intelligence Interrogation of the 
     Department of the Army states that ``acts of violence or 
     intimidation, including physical or mental torture, threats, 
     insults, or exposure to inhumane treatment as a means of or 
     an aid to interrogation'' are ``illegal''. Such Manual 
     defines ``infliction of pain through . . . bondage (other 
     than legitimate use of restraints to prevent escape)'', 
     ``forcing an individual to stand, sit, or kneel in abnormal 
     positions for prolonged periods of time'', ``food 
     deprivation'', and ``any form of beating'' as ``physical 
     torture'', defines ``abnormal sleep deprivation'' as ``mental 
     torture'', and prohibits the use of such tactics under any 
     circumstances.
       (8) The Field Manual on Intelligence Interrogation of the 
     Department of the Army states that ``Use of torture and other 
     illegal methods is a poor technique that yields unreliable 
     results, may damage subsequent collection efforts, and can 
     induce the source to say what he thinks the interrogator 
     wants to hear. Revelation of use of torture by U.S. personnel 
     will bring discredit upon the U.S. and its armed forces while 
     undermining domestic and international support for the war 
     effort. It may also place U.S. and allied personnel in enemy 
     hands at a greater risk of abuse by their captors.''.
       (b) Prohibition on Torture or Cruel, Inhuman, or Degrading 
     Treatment or Punishment.--(1) No person in the custody or

[[Page S7643]]

     under the physical control of the United States shall be 
     subject to torture or cruel, inhuman, or degrading treatment 
     or punishment that is prohibited by the Constitution, laws, 
     or treaties of the United States.
       (2) Nothing in this section shall affect the status of any 
     person under the Geneva Conventions or whether any person is 
     entitled to the protections of the Geneva Conventions.
       (c) Rules, Regulations, and Guidelines.--(1) Not later than 
     180 days after the date of enactment of this Act, the 
     Secretary shall prescribe the rules, regulations, or 
     guidelines necessary to ensure compliance with the 
     prohibition in subsection (b)(1) by the members of the United 
     States Armed Forces and by any person providing services to 
     the Department of Defense on a contract basis.
       (2) The Secretary shall submit to the congressional defense 
     committees the rules, regulations, or guidelines prescribed 
     under paragraph (1), and any modifications to such rules, 
     regulations, or guidelines--
       (A) not later than 30 days after the effective date of such 
     rules, regulations, guidelines, or modifications; and
       (B) in a manner and form that will protect the national 
     security interests of the United States.
       (d) Report to Congress.--(1) The Secretary shall submit, on 
     a timely basis and not less than twice each year, a report to 
     Congress on the circumstances surrounding any investigation 
     of a possible violation of the prohibition in subsection 
     (b)(1) by a member of the Armed Forces or by a person 
     providing services to the Department of Defense on a contract 
     basis.
       (2) A report required under paragraph (1) shall be 
     submitted in a manner and form that--
       (A) will protect the national security interests of the 
     United States; and
       (B) will not prejudice any prosecution of an individual 
     involved in, or responsible for, a violation of the 
     prohibition in subsection (b)(1).
       (e) Definitions.--In this section:
       (1) The term ``cruel, inhuman, or degrading treatment or 
     punishment'' means the cruel, unusual, and inhumane treatment 
     or punishment prohibited by the 5th amendment, 8th amendment, 
     or 14th amendment to the Constitution.
       (2) The term ``Geneva Conventions'' means--
       (A) the Convention for the Amelioration of the Condition of 
     the Wounded and Sick in Armed Forces in the Field, done at 
     Geneva August 12, 1949 (6 UST 3114);
       (B) the Convention for the Amelioration of the Condition of 
     the Wounded, Sick, and Shipwrecked Members of Armed Forces at 
     Sea, done at Geneva August 12, 1949 (6 UST 3217);
       (C) the Convention Relative to the Treatment of Prisoners 
     of War, done at Geneva August 12, 1949 (6 UST 3316); and
       (D) the Convention Relative to the Protection of Civilian 
     Persons in Time of War, done at Geneva August 12, 1949 (6 UST 
     3516).
       (3) The term ``Secretary'' means the Secretary of Defense.
       (4) The term ``torture'' has the meaning given that term in 
     section 2340 of title 18, United States Code.

     SEC. 1058. UNITED NATIONS OIL-FOR-FOOD PROGRAM.

       (a) Responsibility of Inspector General of the Department 
     of Defense for Security of Documents.--(1) The Inspector 
     General of the Department of Defense, in cooperation with the 
     Director of the Defense Contract Audit Agency and the 
     Director of the Defense Contract Management Agency, shall 
     ensure, not later than June 30, 2004, the security of all 
     documents relevant to the United Nations Oil-for-Food Program 
     that are in the possession or control of the Coalition 
     Provisional Authority.
       (2) The Inspector General shall--
       (A) maintain copies of all such documents in the United 
     States at the Department of Defense; and
       (B) not later than August 31, 2004, deliver a complete set 
     of all such documents to the Comptroller General of the 
     United States.
       (b) Cooperation in Investigations.--Each head of an 
     Executive agency, including the Department of State, the 
     Department of Defense, the Department of the Treasury, and 
     the Central Intelligence Agency, and the Administrator of the 
     Coalition Provisional Authority shall, upon a request in 
     connection with an investigation of the United Nations Oil-
     for-Food Program made by the chairman of the Committee on 
     Foreign Relations, the Committee on Armed Services, the 
     Committee on the Judiciary, the Committee on Governmental 
     Affairs, the Select Committee on Intelligence, the Permanent 
     Subcommittee on Investigations, or other committee of the 
     Senate with relevant jurisdiction, promptly provide to such 
     chairman--
       (1) access to any information and documents described in 
     subsections (a) or (c) that are under the control of such 
     agency and responsive to the request; and
       (2) assistance relating to access to and utilization of 
     such information and documents.
       (c) Information from the United Nations.--(1) The Secretary 
     of State shall use the voice and vote of the United States in 
     the United Nations to urge the Secretary-General of the 
     United Nations to provide the United States copies of all 
     audits and core documents related to the United Nations Oil-
     for-Food Program.
       (2) It is the sense of Congress that, pursuant to section 
     941(b)(6) of the United Nations Reform Act of 1999 (title IX 
     of division A of H.R. 3427 of the 106th Congress, as enacted 
     into law by section 1000(a)(7) of Public Law 106-113; 113 
     Stat. 1501A-480), the Comptroller General of the United 
     States should have full and complete access to financial data 
     relating to the United Nations, including information related 
     to the financial transactions, organization, and activities 
     of the United Nations Oil-for-Food Program.
       (3) The Secretary of State shall facilitate the providing 
     of access to the Comptroller General to the financial data 
     described in paragraph (2).
       (d) Review of Oil-for-Food Program by Comptroller 
     General.--(1) The Comptroller General of the United States 
     shall conduct a review of United States oversight of the 
     United Nations Oil-for-Food Program. The review--
       (A) in accordance with Generally Accepted Government 
     Auditing Standards, should not interfere with any ongoing 
     criminal investigations or inquiries related to the Oil-for-
     Food program; and
       (B) may take into account the results of any investigations 
     or inquiries related to the Oil-for-Food program.
       (2) The head of each Executive agency shall fully cooperate 
     with the review under this subsection.
       (e) Executive Agency Defined.--In this section, the term 
     ``Executive agency'' has the meaning given that term in 
     section 105 of title 5, United States Code.

     SEC. 1059. SENSE OF CONGRESS ON THE GLOBAL PARTNERSHIP 
                   AGAINST THE SPREAD OF WEAPONS OF MASS 
                   DESTRUCTION.

       It is the sense of Congress that the President should be 
     commended for the steps taken at the G-8 summit at Sea 
     Island, Georgia, on June 8-10, 2004, to demonstrate continued 
     support for the Global Partnership against the Spread of 
     Nuclear Weapons and Materials of Mass Destruction and to 
     expand the Partnership by welcoming new members and using the 
     Partnership to coordinate nonproliferation projects in Libya, 
     Iraq, and other countries; and that the President should--
       (1) expand the membership of donor nations to the 
     Partnership;
       (2) insure that Russia remains the primary partner of the 
     Partnership while also seeking to fund through the 
     Partnership efforts in other countries with potentially 
     vulnerable weapons or materials;
       (3) develop for the Partnership clear program goals;
       (4) develop for the Partnership transparent project 
     prioritization and planning;
       (5) develop for the Partnership project implementation 
     milestones under periodic review;
       (6) develop under the Partnership agreements between 
     partners for project implementation; and
       (7) give high priority and senior-level attention to 
     resolving disagreements on site access and worker liability 
     under the Partnership.

     SEC. 1059A. EXCEPTION TO BILATERAL AGREEMENT REQUIREMENTS FOR 
                   TRANSFERS OF DEFENSE ITEMS.

       (a) Findings.--Congress makes the following findings:
       (1) Close defense cooperation between the United States and 
     each of the United Kingdom and Australia requires 
     interoperability among the armed forces of those countries.
       (2) The need for interoperability must be balanced with the 
     need for appropriate and effective regulation of trade in 
     defense items.
       (3) The Arms Export Control Act (22 U.S.C. 2751 et seq.) 
     authorizes the executive branch to administer arms export 
     policies enacted by Congress in the exercise of its 
     constitutional power to regulate commerce with foreign 
     nations.
       (4) The executive branch has exercised its authority under 
     the Arms Export Control Act, in part, through the 
     International Traffic in Arms Regulations.
       (5) Agreements to gain exemption from the International 
     Traffic in Arms Regulations must be submitted to Congress for 
     review.
       (b) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate; and
       (B) the Committee on International Relations and the 
     Committee on Armed Services of the House of Representatives.
       (2) Defense items.--The term ``defense items'' has the 
     meaning given the term in section 38 of the Arms Export 
     Control Act (22 U.S.C. 2778).
       (3) International traffic in arms regulations.--The term 
     ``International Traffic in Arms Regulations'' means the 
     regulations maintained under parts 120 through 130 of title 
     22, Code of Federal Regulations, and any successor 
     regulations.
       (c) Exceptions From Bilateral Agreement Requirements.--
       (1) In general.--Subsection (j) of section 38 of the Arms 
     Export Control Act (22 U.S.C. 2778) is amended--
       (A) by redesignating paragraph (4) as paragraph (5); and
       (B) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) Exceptions from bilateral agreement requirements.--
       ``(A) Australia.--Subject to section 1055 of the National 
     Defense Authorization Act for Fiscal Year 2005, the 
     requirements for a bilateral agreement described in paragraph

[[Page S7644]]

     (2)(A) shall not apply to a bilateral agreement between the 
     United States Government and the Government of Australia with 
     respect to transfers or changes in end use of defense items 
     within Australia that will remain subject to the licensing 
     requirements of this Act after such agreement enters into 
     force.
       ``(B) United kingdom.--Subject to section 1055 of the 
     National Defense Authorization Act for Fiscal Year 2005, the 
     requirements for a bilateral agreement described in 
     paragraphs (1)(A)(ii), (2)(A)(i), and (2)(A)(ii) shall not 
     apply to a bilateral agreement between the United States 
     Government and the Government of the United Kingdom for an 
     exemption from the licensing requirements of this Act.''.
       (2) Conforming amendment.--Paragraph (2) of such subsection 
     is amended in the matter preceding subparagraph (A) by 
     striking ``A bilateral agreement'' and inserting ``Except as 
     provided in paragraph (4), a bilateral agreement''.
       (d) Certifications.--Not later than 30 days before 
     authorizing an exemption from the licensing requirements of 
     the International Traffic in Arms Regulations in accordance 
     with any bilateral agreement entered into with the United 
     Kingdom or Australia under section 38(j) of the Arms Export 
     Control Act (22 U.S.C. 2778(j)), as amended by subsection 
     (c), the President shall certify to the appropriate 
     congressional committees that such agreement--
       (1) is in the national interest of the United States and 
     will not in any way affect the goals and policy of the United 
     States under section 1 of the Arms Export Control Act (22 
     U.S.C. 2751);
       (2) does not adversely affect the efficacy of the 
     International Traffic in Arms Regulations to provide 
     consistent and adequate controls for licensed exports of 
     United States defense items; and
       (3) will not adversely affect the duties or requirements of 
     the Secretary of State under the Arms Export Control Act.
       (e) Notification of Bilateral Licensing Exemptions.--Not 
     later than 30 days before authorizing an exemption from the 
     licensing requirements of the International Traffic in Arms 
     Regulations in accordance with any bilateral agreement 
     entered into with the United Kingdom or Australia under 
     section 38(j) of the Arms Export Control Act (22 U.S.C. 
     2778(j)), as amended by subsection (c), the President shall 
     submit to the appropriate congressional committees the text 
     of the regulations that authorize such a licensing exemption.
       (f) Report on Consultation Issues.--Not later than one year 
     after the date of the enactment of this Act and annually 
     thereafter for each of the following 5 years, the President 
     shall submit to the appropriate congressional committees a 
     report on issues raised during the previous year in 
     consultations conducted under the terms of any bilateral 
     agreement entered into with Australia under section 38(j) of 
     the Arms Export Control Act, or under the terms of any 
     bilateral agreement entered into with the United Kingdom 
     under such section, for exemption from the licensing 
     requirements of the Arms Export Control Act (22 U.S.C. 2751 
     et seq.). Each report shall contain--
       (1) information on any notifications or consultations 
     between the United States and the United Kingdom under the 
     terms of any agreement with the United Kingdom, or between 
     the United States and Australia under the terms of any 
     agreement with Australia, concerning the modification, 
     deletion, or addition of defense items on the United States 
     Munitions List, the United Kingdom Military List, or the 
     Australian Defense and Strategic Goods List;
       (2) a list of all United Kingdom or Australia persons and 
     entities that have been designated as qualified persons 
     eligible to receive United States origin defense items exempt 
     from the licensing requirements of the Arms Export Control 
     Act under the terms of such agreements, and listing any 
     modification, deletion, or addition to such lists, pursuant 
     to the requirements of any agreement with the United Kingdom 
     or any agreement with Australia;
       (3) information on consultations or steps taken pursuant to 
     any agreement with the United Kingdom or any agreement with 
     Australia concerning cooperation and consultation with 
     either government on the effectiveness of the defense 
     trade control systems of such government;
       (4) information on provisions and procedures undertaken 
     pursuant to--
       (A) any agreement with the United Kingdom with respect to 
     the handling of United States origin defense items exempt 
     from the licensing requirements of the Arms Export Control 
     Act by persons and entities qualified to receive such items 
     in the United Kingdom; and
       (B) any agreement with Australia with respect to the 
     handling of United States origin defense items exempt from 
     the licensing requirements of the Arms Export Control Act by 
     persons and entities qualified to receive such items in 
     Australia;
       (5) information on any new understandings, including the 
     text of such understandings, between the United States and 
     the United Kingdom concerning retransfer of United States 
     origin defense items made pursuant to any agreement with the 
     United Kingdom to gain exemption from the licensing 
     requirements of the Arms Export Control Act;
       (6) information on consultations with the Government of the 
     United Kingdom or the Government of Australia concerning the 
     legal enforcement of any such agreements;
       (7) information on United States origin defense items with 
     respect to which the United States has provided an exception 
     under the Memorandum of Understanding between the United 
     States and the United Kingdom and any agreement between the 
     United States and Australia from the requirement for United 
     States Government re-export consent that was not provided for 
     under United States laws and regulations in effect on the 
     date of the enactment of this Act; and
       (8) information on any significant concerns that have 
     arisen between the Government of Australia or the Government 
     of the United Kingdom and the United States Government 
     concerning any aspect of any bilateral agreement between such 
     country and the United States to gain exemption from the 
     licensing requirements of the Arms Export Control Act.
       (g) Special Notifications.--
       (1) Required notifications.--The Secretary of State shall 
     notify the appropriate congressional committees not later 
     than 90 days after receiving any credible information 
     regarding an unauthorized end-use or diversion of United 
     States exports of goods or services made pursuant to any 
     agreement with a country to gain exemption from the licensing 
     requirements of the Arms Export Control Act. The notification 
     shall be made in a manner that is consistent with any ongoing 
     efforts to investigate and commence civil actions or criminal 
     investigations or prosecutions regarding such matters and may 
     be made in classified or unclassified form.
       (2) Content.--The notification regarding an unauthorized 
     end-use or diversion of goods or services under paragraph (1) 
     shall include--
       (A) a description of the goods or services;
       (B) the United States origin of the good or service;
       (C) the authorized recipient of the good or service;
       (D) a detailed description of the unauthorized end-use or 
     diversion, including any knowledge by the United States 
     exporter of such unauthorized end-use or diversion;
       (E) any enforcement action taken by the Government of the 
     United States; and
       (F) any enforcement action taken by the government of the 
     recipient nation.

     SEC. 1059B. REDESIGNATION AND MODIFICATION OF AUTHORITIES 
                   RELATING TO INSPECTOR GENERAL OF THE COALITION 
                   PROVISIONAL AUTHORITY.

       (a) Redesignation.--(1) Subsections (b) and (c)(1) of 
     section 3001 of the Emergency Supplemental Appropriations Act 
     for Defense and Reconstruction of Iraq and Afghanistan, 2004 
     (Public Law 108-106; 117 Stat. 1234; 5 U.S.C. App. 3 section 
     8G note) are each amended by striking ``Office of the 
     Inspector General of the Coalition Provisional Authority'' 
     and inserting ``Office of the Special Inspector General for 
     Iraq Reconstruction''.
       (2) Subsection (c)(1) of such section is further amended by 
     striking ``Inspector General of the Coalition Provisional 
     Authority'' and inserting ``Special Inspector General for 
     Iraq Reconstruction (in this section referred to as the 
     `Inspector General')''.
       (3)(A) The heading of such section is amended to read as 
     follows:

     ``SEC. 3001. SPECIAL INSPECTOR GENERAL FOR IRAQ 
                   RECONSTRUCTION.''.

       (B) The heading of title III of such Act is amended to read 
     as follows:

   ``TITLE III--SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION''.

       (b) Continuation in Office.--The individual serving as the 
     Inspector General of the Coalition Provisional Authority as 
     of the date of the enactment of this Act may continue to 
     serve in that position after that date without reappointment 
     under paragraph (1) of section 3001(c) of the Emergency 
     Supplemental Appropriations Act for Defense and 
     Reconstruction of Iraq and Afghanistan, 2004, but remaining 
     subject to removal as specified in paragraph (4) of that 
     section.
       (c) Purposes.--Subsection (a) of such section is amended--
       (1) in paragraph (1), by striking ``of the Coalition 
     Provisional Authority (CPA)'' and inserting ``funded with 
     amounts appropriated or otherwise made available to the Iraq 
     Relief and Reconstruction Fund'';
       (2) in paragraph (2)(B), by striking ``fraud'' and 
     inserting ``waste, fraud,''; and
       (3) in paragraph (3), by striking ``the head of the 
     Coalition Provisional Authority'' and inserting ``the 
     Secretary of State and the Secretary of Defense''.
       (d) Responsibilities of Assistant Inspector General for 
     Auditing.--Subsection (d)(1) of such section is amended by 
     striking ``of the Coalition Provisional Authority'' and 
     inserting ``supported by the Iraq Relief and Reconstruction 
     Fund''.
       (e) Supervision.--Such section is further amended--
       (1) in subsection (e)(1), by striking ``the head of the 
     Coalition Provisional Authority'' and inserting ``the 
     Secretary of State and the Secretary of Defense'';
       (2) in subsection (h)--
       (A) in paragraphs (4)(B) and (5), by striking ``head of the 
     Coalition Provisional Authority'' and inserting ``Secretary 
     of State''; and
       (B) in paragraph (5), by striking ``at the central and 
     field locations of the Coalition Provisional Authority'' and 
     inserting ``at appropriate locations of the Department of 
     State in Iraq'';
       (3) in subsection (j)--
       (A) in paragraph (1), by striking ``the head of the 
     Coalition Provisional Authority'' and

[[Page S7645]]

     inserting ``the Secretary of State and the Secretary of 
     Defense''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by striking ``the head of the Coalition Provisional 
     Authority'' the first place it appears and inserting ``the 
     Secretary of State or the Secretary of Defense''; and
       (II) by striking ``the head of the Coalition Provisional 
     Authority considers'' the second place it appears and 
     inserting ``the Secretary of State or the Secretary of 
     Defense, as the case may be, consider''; and

       (ii) in subparagraph (B), by striking ``the head of the 
     Coalition Provisional Authority considers'' and inserting 
     ``the Secretary of State or the Secretary of Defense, as the 
     case may be, consider''; and
       (4) in subsection (k), by striking ``the head of the 
     Coalition Provisional Authority shall'' each place it appears 
     and inserting ``the Secretary of State and the Secretary of 
     Defense shall jointly''.
       (f) Duties.--Subsection (f)(1) of such section is amended 
     by striking ``appropriated funds by the Coalition Provisional 
     Authority in Iraq'' and inserting ``amounts appropriated or 
     otherwise made available to the Iraq Relief and 
     Reconstruction Fund''.
       (g) Coordination With Inspector General of Department of 
     State.--Subsection (f) of such section is further amended 
     striking paragraphs (4) and (5) and inserting the following 
     new paragraph (4):
       ``(4) In carrying out the duties, responsibilities, and 
     authorities of the Inspector General under this section, the 
     Inspector General shall coordinate with, and receive the 
     cooperation of, each of the following:
       ``(A) The Inspector General of the Department of Defense.
       ``(B) The Inspector General of the United States Agency for 
     International Development.
       ``(C) The Inspector General of the Department of State.''.
       (h) Powers and Authorities.--Subsection (g) of such section 
     is amended by inserting before the period the following: ``, 
     including the authorities under subsection (e) of such 
     section''.
       (i) Reports.--Subsection (i) of such section is amended--
       (1) in paragraph (1)--
       (A) in the first sentence, by striking ``and every calendar 
     quarter thereafter,'' and all that follows through ``the 
     Coalition Provisional Authority'' and inserting ``again on 
     July 30, 2004, and every calendar quarter thereafter, the 
     Inspector General shall submit to the appropriate committees 
     of Congress a report summarizing the activities of the 
     Inspector General and the programs and operations funded with 
     amounts appropriated or otherwise made available to the Iraq 
     Relief and Reconstruction Fund'';
       (B) in subparagraph (B), by striking ``the Coalition 
     Provisional Authority'' and inserting ``the Department of 
     Defense, the Department of State, and the United States 
     Agency for International Development, as applicable,'';
       (C) in subparagraph (E), by striking ``appropriated funds'' 
     and inserting ``such amounts''; and
       (D) in subparagraph (F), by striking ``the Coalition 
     Provisional Authority'' and inserting ``the contracting 
     department or agency'';
       (2) in paragraph (2), by striking ``by the Coalition 
     Provisional Authority'' and inserting ``by any department or 
     agency of the United States Government that involves the use 
     of amounts appropriated or otherwise made available to the 
     Iraq Relief and Reconstruction Fund'';
       (3) in paragraph (3), by striking ``June 30, 2004'' and 
     inserting ``July 30, 2004''; and
       (4) in paragraph (4), by striking ``the Coalition 
     Provisional Authority'' and inserting ``the Department of 
     State and of the Department of Defense''.
       (j) Termination.--Subsection (o) of such section is amended 
     to read as follows:
       ``(o) Termination.--The Office of the Inspector General 
     shall terminate on the date that is 10 months after the date, 
     as determined by the Secretary of State, on which 80 percent 
     of the amounts appropriated or otherwise made available to 
     the Iraq Relief and Reconstruction Fund by chapter 2 of title 
     II of this Act have been obligated.''.

     SEC. 1059C. TREATMENT OF FOREIGN PRISONERS.

       (a) Policy.--(1) It is the policy of the United States to 
     treat all foreign persons captured, detained, interned or 
     otherwise held in the custody of the United States 
     (hereinafter ``prisoners'') humanely and in accordance with 
     standards that the United States would consider legal if 
     perpetrated by the enemy against an American prisoner.
       (2) It is the policy of the United States that all 
     officials of the United States are bound both in wartime and 
     in peacetime by the legal prohibition against torture, cruel, 
     inhuman or degrading treatment.
       (3) If there is any doubt as to whether prisoners are 
     entitled to the protections afforded by the Geneva 
     Conventions, such prisoners shall enjoy the protections of 
     the Geneva Conventions until such time as their status can be 
     determined pursuant to the procedures authorized by Army 
     Regulation 190-8, Section 1-6.
       (4) It is the policy of the United States to expeditiously 
     prosecute cases of terrorism or other criminal acts alleged 
     to have been committed by prisoners in the custody of the 
     United States Armed Forces at Guantanamo Bay, Cuba, in order 
     to avoid the indefinite detention of prisoners, which is 
     contrary to the legal principles and security interests of 
     the United States.
       (b) Reporting.--The Department of Defense shall submit to 
     the appropriate congressional committees:
       (1) A quarterly report providing the number of prisoners 
     who were denied Prisoner of War (POW) status under the Geneva 
     Conventions and the basis for denying POW status to each such 
     prisoner.
       (2) A report setting forth--
       (A) the proposed schedule for military commissions to be 
     held at Guantanamo Bay, Cuba; and
       (B) the number of individuals currently held at Guantanamo 
     Bay, Cuba, the number of such individuals who are unlikely to 
     face a military commission in the next six months, and the 
     reason(s) for not bringing such individuals before a military 
     commission.
       (3) All International Committee of the Red Cross reports, 
     completed prior to the enactment of this Act, concerning the 
     treatment of prisoners in United States custody at Guantanamo 
     Bay, Cuba, Iraq, and Afghanistan. Such ICRC reports should be 
     provided, in classified form, not later than 15 days after 
     enactment of this Act.
       (4) A report setting forth all prisoner interrogation 
     techniques approved by officials of the United States.
       (c) Annual Training Requirement.--The Department of Defense 
     shall certify that all Federal employees and civilian 
     contractors engaged in the handling and/or interrogating of 
     prisoners have fulfilled an annual training requirement on 
     the laws of war, the Geneva Conventions and the obligations 
     of the United States under international humanitarian law.

                       Subtitle G--Other Matters

     SEC. 1061. TECHNICAL AMENDMENTS RELATING TO DEFINITIONS OF 
                   GENERAL APPLICABILITY IN TITLE 10, UNITED 
                   STATES CODE.

       (a) Clarification of Definition of ``Operational Range''.--
     Section 101(e)(3) of title 10, United States Code, is amended 
     by striking ``Secretary of Defense'' and inserting 
     ``Secretary of a military department''.
       (b) Amendments Relating to Definition of Congressional 
     Defense Committees.--(1) Section 2215 of title 10, United 
     States Code, is amended--
       (A) in subsection (a)--
       (i) by striking ``(a) Certification Required.--''; and
       (ii) by striking ``congressional committees specified in 
     subsection (b)'' and inserting ``congressional defense 
     committees''; and
       (B) by striking subsection (b).
       (2) Section 2515(d) of such title is amended--
       (A) by striking ``Report.--(1)'' and inserting ``Report.--
     '';
       (B) by striking ``congressional committees specified in 
     paragraph (2)'' and inserting ``congressional defense 
     committees''; and
       (C) by striking paragraph (2).
       (3) Section 2676(d) of such title is amended by striking 
     ``appropriate committees of Congress'' in the first sentence 
     and inserting ``congressional defense committees''.

     SEC. 1062. TWO-YEAR EXTENSION OF AUTHORITY OF SECRETARY OF 
                   DEFENSE TO ENGAGE IN COMMERCIAL ACTIVITIES AS 
                   SECURITY FOR INTELLIGENCE COLLECTION ACTIVITIES 
                   ABROAD.

       Section 431(a) of title 10, United States Code, is amended 
     by striking ``December 31, 2004'' and inserting ``December 
     31, 2006''.

     SEC. 1063. LIABILITY PROTECTION FOR PERSONS VOLUNTARILY 
                   PROVIDING MARITIME-RELATED SERVICES ACCEPTED BY 
                   THE NAVY.

       Section 1588(d)(1) of title 10, United States Code, is 
     amended by adding at the end the following new subparagraph:
       ``(F) In the case of a person aboard a sailing vessel of 
     the Navy to engage in the training of Navy personnel or in a 
     competition involving Navy personnel, the following 
     provisions of law relating to claims in admiralty for damages 
     or loss:
       ``(i) The Act entitled `An Act authorizing suits against 
     the United States in admiralty, suits for salvage services, 
     and providing for the release of merchant vessels belonging 
     to the United States from arrest and attachment in foreign 
     jurisdictions, and for other purposes', approved March 9, 
     1920 (commonly known as the `Suits in Admiralty Act') (46 
     U.S.C. App. 741 et seq.).
       ``(ii) The Act entitled `An Act authorizing suits against 
     the United States in admiralty for damage caused by and 
     salvage services rendered to public vessels belonging to the 
     United States, and for other purposes', approved March 3, 
     1925 (commonly known as the `Public Vessels Act') (46 U.S.C. 
     App. 781 et seq.).''.

     SEC. 1064. LICENSING OF INTELLECTUAL PROPERTY.

       (a) Authority.--Subchapter II of chapter 134 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 2260. Licensing of intellectual property: retention of 
       fees

       ``(a) Authority.--Under regulations prescribed by the 
     Secretary of Defense, the Secretary concerned may license 
     trademarks, service marks, certification marks, and 
     collective marks owned or controlled by the Secretary 
     concerned and may retain and expend fees received from such 
     licensing in accordance with this section.

[[Page S7646]]

       ``(b) Designated Marks.--The Secretary concerned shall 
     designate the trademarks, service marks, certification marks, 
     and collective marks as to which the Secretary exercises the 
     authority to retain licensing fees under this section.
       ``(c) Use of Fees.--The Secretary concerned shall use fees 
     retained under this section for purposes as follows:
       ``(1) For payment of the following costs incurred by the 
     Secretary:
       ``(A) Costs of securing trademark registrations.
       ``(B) Costs of operating the licensing program under this 
     section.
       ``(2) For morale, welfare, and recreation activities under 
     the jurisdiction of the Secretary, to the extent (if any) 
     that the total amount of the licensing fees available under 
     this section for a fiscal year exceed the total amount needed 
     for such fiscal year under paragraph (1).
       ``(d) Availability.--Fees received in a fiscal year and 
     retained under this section shall be available for 
     obligations in such fiscal year and the following two fiscal 
     years.
       ``(e) Definitions.--In this section, the terms `trademark', 
     `service mark', `certification mark', and `collective mark' 
     have the meanings given such terms in section 45 of the Act 
     entitled `An Act to provide for the registration and 
     protection of trademarks used in commerce, to carry out the 
     provisions of certain international conventions, and for 
     other purposes', approved July 5, 1946 (commonly referred to 
     as the `Trademark Act of 1946') (15 U.S.C. 1127).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by adding at the end 
     the following new item:

``2260. Licensing of intellectual property: retention of fees.''.

     SEC. 1065. DELAY OF ELECTRONIC VOTING DEMONSTRATION PROJECT.

       Section 1604(a) of the National Defense Authorization Act 
     for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1277; 42 
     U.S.C. 1973ff note) is amended--
       (1) in paragraph (1), by striking ``2002'' and inserting 
     ``2006''; and
       (2) in paragraph (2)--
       (A) by striking ``2002'' and inserting ``2006''; and
       (B) by striking ``2004'' and inserting ``2008''.

     SEC. 1066. WAR RISK INSURANCE FOR MERCHANT MARINE VESSELS.

       (a) Extension of Authority.--Section 1214 of the Merchant 
     Marine Act, 1936 (46 U.S.C. App. 1294) is amended by striking 
     ``June 30, 2005'' and inserting ``December 31, 2008''.
       (b) Investment of Funds Excess to Short-Term Needs.--
     Section 1208 of such Act (46 U.S.C. App. 1288) is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) in subsection (a), by striking ``Upon the request of 
     the Secretary of Transportation,'' and all that follows and 
     inserting the following:
       ``(b)(1) The Secretary of Transportation may request the 
     Secretary of the Treasury to invest such portion of the 
     insurance fund under subsection (a) as is not, in the 
     judgment of the Secretary of Transportation, required to meet 
     the current needs of the fund. The Secretary of the Treasury 
     may make the requested investments.
       ``(2) Investments under paragraph (1) shall be made in 
     public debt securities of the United States that--
       ``(A) mature at times suitable to the needs of the 
     insurance fund; and
       ``(B) bear interest rates determined by the Secretary of 
     the Treasury, taking into consideration current market yields 
     on outstanding marketable obligations of the United States of 
     comparable maturity.
       ``(3) The interest and benefits accruing from securities 
     under this subsection shall be deposited to the credit of the 
     insurance fund.''.

     SEC. 1067. REPEAL OF QUARTERLY REPORTING REQUIREMENT 
                   CONCERNING PAYMENTS FOR DISTRICT OF COLUMBIA 
                   WATER AND SEWER SERVICES AND ESTABLISHMENT OF 
                   ANNUAL REPORT BY TREASURY.

       (a) Water and Water Service Supplied for the Use of the 
     Government of the United States.--Section 106(b)(5) of the 
     District of Columbia Public Works Act of 1954 (sec. 34-
     2401.25(b), D.C. Official Code), as amended by section 401 of 
     the Miscellaneous Appropriations Act, 2001 (as enacted by 
     reference in section 1(a)(4) of the Consolidated 
     Appropriations Act, 2001), is amended to read as follows:
       ``(5) Not later than the 15th day of the month following 
     the beginning of the fiscal year (beginning with fiscal year 
     2005), the Secretary of the Treasury with respect to each 
     Federal department, establishment, or agency receiving water 
     services from the District of Columbia shall submit a report 
     to the Committee on Government Reform of the House of 
     Representatives, the Committee on Governmental Affairs of the 
     Senate, and the Committees on Appropriations of the House of 
     Representatives and Senate analyzing the promptness of 
     payment with respect to the services furnished to such 
     department, establishment, or agency.''.
       (b) Sanitary Sewer Service Charges for United States 
     Government.--Section 212(b)(5) of the District of Columbia 
     Public Works Act of 1954 (sec. 34-2112(b), D.C. Official 
     Code), as amended by section 401 of the Miscellaneous 
     Appropriations Act, 2001 (as enacted by reference in section 
     1(a)(4) of the Consolidated Appropriations Act, 2001), is 
     amended to read as follows:
       ``(5) Not later than the 15th day of the month following 
     the beginning of the fiscal year (beginning with fiscal year 
     2005), the Secretary of the Treasury with respect to each 
     Federal department, establishment, or agency receiving 
     sanitary sewer services from the District of Columbia shall 
     submit a report to the Committee on Government Reform of the 
     House of Representatives, the Committee on Governmental 
     Affairs of the Senate, and the Committees on Appropriations 
     of the House of Representatives and Senate analyzing the 
     promptness of payment with respect to the services furnished 
     to such department, establishment, or agency.''.

     SEC. 1068. RECEIPT OF PAY BY RESERVES FROM CIVILIAN EMPLOYERS 
                   WHILE ON ACTIVE DUTY IN CONNECTION WITH A 
                   CONTINGENCY OPERATION.

       Section 209 of title 18, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(h) This section does not prohibit a member of the 
     reserve components of the armed forces on active duty 
     pursuant to a call or order to active duty under a provision 
     of law referred to in section 101(a)(13) of title 10 from 
     receiving from any person that employed such member before 
     the call or order to active duty any payment of any part of 
     the salary or wages that such person would have paid the 
     member if the member's employment had not been interrupted by 
     such call or order to active duty.''.

     SEC. 1069. PROTECTION OF ARMED FORCES PERSONNEL FROM 
                   RETALIATORY ACTIONS FOR COMMUNICATIONS MADE 
                   THROUGH THE CHAIN OF COMMAND.

       (a) Protected Communications.--Section 1034(b)(1)(B) of 
     title 10, United States Code, is amended--
       (1) by striking ``or'' at the end of clause (iii)''; and
       (2) by striking clause (iv) and inserting the following:
       ``(iv) any person or organization in the chain of command; 
     or
       ``(v) any other person or organization designated pursuant 
     to regulations or other established administrative procedures 
     for such communications.''.
       (b) Effective Date and Applicability.--This section and the 
     amendments made by this section shall take effect on the date 
     of the enactment of this Act and shall apply with respect to 
     any unfavorable personnel action taken or threatened, and any 
     withholding of or threat to withhold a favorable personnel 
     action, on or after that date.

     SEC. 1070. MISSILE DEFENSE COOPERATION.

       (a) Department of State Procedures for Expedited Review of 
     Licenses for the Transfer of Defense Items Related to Missile 
     Defense.--
       (1) Expedited procedures.--The Secretary of State shall, in 
     consultation with the Secretary of Defense, establish 
     procedures for considering technical assistance agreements 
     and related amendments and munitions license applications for 
     the export of defense items related to missile defense not 
     later than 30 days after receiving such agreements, 
     amendments, and munitions license applications, except in 
     cases in which the Secretary of State determines that 
     additional time is required to complete a review of a 
     technical assistance agreement or related amendment or a 
     munitions license application for foreign policy or national 
     security reasons, including concerns regarding the 
     proliferation of ballistic missile technology.
       (2) Study on comprehensive authorizations for missile 
     defense.--The Secretary of State shall, in consultation with 
     the Secretary of Defense, examine the feasibility of 
     providing major project authorizations for programs related 
     to missile defense similar to the comprehensive export 
     authorization specified in section 126.14 of the 
     International Traffic in Arms Regulations (section 126.14 of 
     title 22, Code of Federal Regulations).
       (3) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of State shall, in 
     consultation with the Secretary of Defense, submit to the 
     Committee on Foreign Relations and the Committee on Armed 
     Services of the Senate and the Committee on International 
     Relations and the Committee on Armed Services of the House of 
     Representatives a report on--
       (A) the implementation of the expedited procedures required 
     under paragraph (1); and
       (B) the feasibility of providing the major project 
     authorization for projects related to missile defense 
     described in paragraph (2).
       (b) Department of Defense Procedures for Expedited Review 
     of Licenses for the Transfer of Defense Items Related to 
     Missile Defense.--
       (1) Procedures.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall, in 
     consultation with the Secretary of State, prescribe 
     procedures to increase the efficiency and transparency of the 
     practices used by the Department of Defense to review 
     technical assistance agreements and related amendments and 
     munitions license applications related to international 
     cooperation on missile defense that are referred to the 
     Department.
       (2) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense, in 
     consultation with the Secretary of State, shall submit to the 
     Committee on Armed Services and the Committee on Foreign 
     Relations of the Senate and the Committee on Armed Services 
     and the Committee on International Relations of the House of 
     Representatives a report--

[[Page S7647]]

       (A) describing actions taken by the Secretary of Defense to 
     coordinate with the Secretary of State the establishment of 
     the expedited review process described in subsection (a)(1);
       (B) identifying key defense items related to missile 
     defense that are suitable for comprehensive licensing 
     procedures; and
       (C) describing the procedures prescribed pursuant to 
     paragraph (1).
       (c) Definition of Defense Items.--In this section, the term 
     ``defense items'' has the meaning given that term in section 
     38(j)(4)(A) of the Arms Export Control Act (22 U.S.C. 
     2778(j)(4)(A)).

     SEC. 1071. POLICY ON NONPROLIFERATION OF BALLISTIC MISSILES.

       (a) Policy.--It is the policy of the United States to 
     develop, support, and strengthen international accords and 
     other cooperative efforts to curtail the proliferation of 
     ballistic missiles and related technologies which could 
     threaten the territory of the United States, allies and 
     friends of the United States, and deployed members of the 
     Armed Forces of the United States with weapons of mass 
     destruction.
       (b) Sense of Congress.--(1) Congress makes the following 
     findings:
       (A) Certain countries are seeking to acquire ballistic 
     missiles and related technologies that could be used to 
     attack the United States or place at risk United States 
     interests, forward-deployed members of the Armed Forces, and 
     allies and friends of the United States.
       (B) Certain countries continue to actively transfer or sell 
     ballistic missile technologies in contravention of standards 
     of behavior established by the United States and allies and 
     friends of the United States.
       (C) The spread of ballistic missiles and related 
     technologies worldwide has been slowed by a combination of 
     national and international export controls, forward-looking 
     diplomacy, and multilateral interdiction activities to 
     restrict the development and transfer of such weapons and 
     technologies.
       (2) It is the sense of Congress that--
       (A) the United States should vigorously pursue foreign 
     policy initiatives aimed at eliminating, reducing, or 
     retarding the proliferation of ballistic missiles and related 
     technologies; and
       (B) the United States and the international community 
     should continue to support and strengthen established 
     international accords and other cooperative efforts, 
     including United Nations Security Council Resolution 1540 and 
     the Missile Technology Control Regime, that are designed to 
     eliminate, reduce, or retard the proliferation of ballistic 
     missiles and related technologies.

     SEC. 1072. REIMBURSEMENT FOR CERTAIN PROTECTIVE, SAFETY, OR 
                   HEALTH EQUIPMENT PURCHASED BY OR FOR MEMBERS OF 
                   THE ARMED FORCES FOR DEPLOYMENT IN OPERATIONS 
                   IN IRAQ AND CENTRAL ASIA.

       (a) Reimbursement Required.--(1) Subject to subsections (c) 
     and (d), the Secretary of Defense shall reimburse a member of 
     the Armed Forces, or a person or entity referred to in 
     paragraph (2), for the cost (including shipping cost) of any 
     protective, safety, or health equipment that was purchased by 
     such member, or such person or entity on behalf of such 
     member, before or during the deployment of such member in 
     Operation Noble Eagle, Operation Enduring Freedom, or 
     Operation Iraqi Freedom for the use of such member in 
     connection with such operation if the unit commander of such 
     member certifies that such equipment was critical to the 
     protection, safety, or health of such member.
       (2) A person or entity referred to in this paragraph is a 
     family member or relative of a member of the Armed Forces, a 
     non-profit organization, or a community group.
       (b) Covered Protective, Safety, and Health Equipment.--(1) 
     Subject to paragraph (2), protective, safety, and health 
     equipment for which reimbursement shall be made under 
     subsection (a) shall include personal body armor, collective 
     armor or protective equipment (including armor or protective 
     equipment for high mobility multi-purpose wheeled vehicles), 
     and items provided through the Rapid Fielding Initiative of 
     the Army such as the advanced (on-the-move) hydration system, 
     the advanced combat helmet, the close combat optics system, a 
     Global Positioning System (GPS) receiver, and a soldier 
     intercommunication device.
       (2) Non-military equipment may be treated as protective, 
     safety, and health equipment for purposes of paragraph (1) 
     only if such equipment provides protection, safety, or health 
     benefits, as the case may be, such as would be provided by 
     equipment meeting military specifications.
       (c) Limitations Regarding Date of Purchase of Equipment.--
     (1) In the case of armor or protective equipment for high 
     mobility multi-purpose wheeled vehicles (known as HUMVEEs), 
     reimbursement shall be made under subsection (a) only for 
     armor or equipment purchased during the period beginning on 
     September 11, 2001, and ending on July 31, 2004 or any date 
     thereafter as determined by the Secretary of Defense.
       (2) In the case of any other protective, safety, and health 
     equipment, reimbursement shall be made under subsection (a) 
     only for equipment purchased during the period beginning on 
     September 11, 2001, and ending on December 31, 2003 or any 
     date thereafter as determined by the Secretary of Defense.
       (d) Limitation Regarding Amount of Reimbursement.--The 
     aggregate amount of reimbursement provided under subsection 
     (a) for any protective, safety, and health equipment 
     purchased by or on behalf of any given member of the Armed 
     Forces may not exceed the lesser of--
       (1) the cost of such equipment (including shipping cost); 
     or
       (2) $1,100.
       (e) Ownership of Equipment.--The Secretary may provide, in 
     regulations prescribed by the Secretary, that the United 
     States shall assume title or ownership of any protective, 
     safety, or health equipment for which reimbursement is 
     provided under subsection (a).
       (f) Funding.--Amounts for reimbursements under subsection 
     (a) shall be derived from any amounts authorized to be 
     appropriated by this Act.

     SEC. 1073. PRESERVATION OF SEARCH AND RESCUE CAPABILITIES OF 
                   THE FEDERAL GOVERNMENT.

       The Secretary of Defense may not reduce or eliminate search 
     and rescue capabilities at any military installation in the 
     United States unless the Secretary first certifies to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives that equivalent search and rescue 
     capabilities will be provided, without interruption and 
     consistent with the policies and objectives set forth in the 
     United States National Search and Rescue Plan entered into 
     force on January 1, 1999, by--
       (1) the Department of Interior, the Department of Commerce, 
     the Department of Homeland Security, the Department of 
     Transportation, the Federal Communications Commission, or the 
     National Aeronautics and Space Administration; or
       (2) the Department of Defense, either directly or through a 
     Department of Defense contract with an emergency medical 
     service provider or other private entity to provide such 
     capabilities.

     SEC. 1074. GRANT OF FEDERAL CHARTER TO KOREAN WAR VETERANS 
                   ASSOCIATION, INCORPORATED.

       (a) Grant of Charter.--Part B of subtitle II of title 36, 
     United States Code, is amended--
       (1) by striking the following:

                   ``CHAPTER 1201--[RESERVED]''; and

       (2) by inserting the following:

     ``CHAPTER 1201--KOREAN WAR VETERANS ASSOCIATION, INCORPORATED

``Sec.
``120101. Organization.
``120102. Purposes.
``120103. Membership.
``120104. Governing body.
``120105. Powers.
``120106. Restrictions.
``120107. Duty to maintain corporate and tax-exempt status.
``120108. Records and inspection.
``120109. Service of process.
``120110. Liability for acts of officers and agents.
``120111. Annual report.

     ``Sec. 120101. Organization

       ``(a) Federal Charter.--Korean War Veterans Association, 
     Incorporated (in this chapter, the `corporation'), 
     incorporated in the State of New York, is a federally 
     chartered corporation.
       ``(b) Expiration of Charter.--If the corporation does not 
     comply with the provisions of this chapter, the charter 
     granted by subsection (a) expires.

     ``Sec. 120102. Purposes

       ``The purposes of the corporation are as provided in its 
     articles of incorporation and include--
       ``(1) organizing, promoting, and maintaining for benevolent 
     and charitable purposes an association of persons who have 
     seen honorable service in the Armed Forces during the Korean 
     War, and of certain other persons;
       ``(2) providing a means of contact and communication among 
     members of the corporation;
       ``(3) promoting the establishment of, and establishing, war 
     and other memorials commemorative of persons who served in 
     the Armed Forces during the Korean War; and
       ``(4) aiding needy members of the corporation, their wives 
     and children, and the widows and children of persons who were 
     members of the corporation at the time of their death.

     ``Sec. 120103. Membership

       ``Eligibility for membership in the corporation, and the 
     rights and privileges of members of the corporation, are as 
     provided in the bylaws of the corporation.

     ``Sec. 120104. Governing body

       ``(a) Board of Directors.--The board of directors of the 
     corporation, and the responsibilities of the board of 
     directors, are as provided in the articles of incorporation 
     of the corporation.
       ``(b) Officers.--The officers of the corporation, and the 
     election of the officers of the corporation, are as provided 
     in the articles of incorporation.

     ``Sec. 120105. Powers

       ``The corporation has only the powers provided in its 
     bylaws and articles of incorporation filed in each State in 
     which it is incorporated.

     ``Sec. 120106. Restrictions

       ``(a) Stock and Dividends.--The corporation may not issue 
     stock or declare or pay a dividend.
       ``(b) Political Activities.--The corporation, or a director 
     or officer of the corporation as such, may not contribute to, 
     support,

[[Page S7648]]

     or participate in any political activity or in any manner 
     attempt to influence legislation.
       ``(c) Loan.--The corporation may not make a loan to a 
     director, officer, or employee of the corporation.
       ``(d) Claim of Governmental Approval or Authority.--The 
     corporation may not claim congressional approval, or the 
     authority of the United States, for any of its activities.

     ``Sec. 120107. Duty to maintain corporate and tax-exempt 
       status

       ``(a) Corporate Status.--The corporation shall maintain its 
     status as a corporation incorporated under the laws of the 
     State of New York.
       ``(b) Tax-Exempt Status.--The corporation shall maintain 
     its status as an organization exempt from taxation under the 
     Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

     ``Sec. 120108. Records and inspection

       ``(a) Records.--The corporation shall keep--
       ``(1) correct and complete records of account;
       ``(2) minutes of the proceedings of its members, board of 
     directors, and committees having any of the authority of its 
     board of directors; and
       ``(3) at its principal office, a record of the names and 
     addresses of its members entitled to vote on matters relating 
     to the corporation.
       ``(b) Inspection.--A member entitled to vote on matters 
     relating to the corporation, or an agent or attorney of the 
     member, may inspect the records of the corporation for any 
     proper purpose, at any reasonable time.

     ``Sec. 120109. Service of process

       ``The corporation shall have a designated agent in the 
     District of Columbia to receive service of process for the 
     corporation. Notice to or service on the agent is notice to 
     or service on the Corporation.

     ``Sec. 120110. Liability for acts of officers and agents

       ``The corporation is liable for the acts of its officers 
     and agents acting within the scope of their authority.

     ``Sec. 120111. Annual report

       ``The corporation shall submit an annual report to Congress 
     on the activities of the corporation during the preceding 
     fiscal year. The report shall be submitted at the same time 
     as the report of the audit required by section 10101 of this 
     title. The report may not be printed as a public document.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of subtitle II of title 36, United States Code, is 
     amended by striking the item relating to chapter 1201 and 
     inserting the following new item:

``1201. Korean War Veterans Association, Incorporated.....120101''.....

     SEC. 1075. COORDINATION OF USERRA WITH THE INTERNAL REVENUE 
                   CODE OF 1986.

       (a) Findings.--Congress makes the following findings:
       (1) Employers of reservists called up for active duty are 
     required to treat them as if they are on a leave of absence 
     or furlough under the Uniformed Services Employment and 
     Reemployment Rights Act of 1994 (in this section referred to 
     as ``USERRA'').
       (2) USERRA does not require employers to pay reservists who 
     are on active duty, but many employers pay the reservists the 
     difference between their military stipends and their regular 
     salaries. Some employers provide this ``differential pay'' 
     for up to 3 years.
       (3) For employee convenience, many of these employers also 
     allow deductions from the differential payments for 
     contributions to employer-provided retirement savings plans.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Internal Revenue Service should, to the extent it is 
     able within its authority, provide guidance consistent with 
     the goal of promoting and ensuring the validity of voluntary 
     differential pay arrangements, benefits payments, and 
     contributions to retirement savings plans related thereto.

     SEC. 1076. AERIAL FIREFIGHTING EQUIPMENT.

       (a) Findings.--Congress makes the following findings:
       (1) The National Interagency Fire Center does not possess 
     an adequate number of aircraft for use in aerial firefighting 
     and personnel at the Center rely on military aircraft to 
     provide such firefighting services.
       (2) It is in the national security interest of the United 
     States for the National Interagency Fire Center to purchase 
     aircraft for use in aerial firefighting so that military 
     aircraft used for aerial firefighting may be available for 
     use by the Armed Forces.
       (b) Authority To Purchase Aerial Firefighting Equipment.--
     (1) The Secretary of Agriculture is authorized to purchase 10 
     aircraft, as described in paragraph (2), for the National 
     Interagency Fire Center for use in aerial firefighting.
       (2) The aircraft referred to in paragraph (1) shall be--
       (A) aircraft that are specifically designed and built for 
     aerial firefighting;
       (B) certified by the Administrator of the Federal Aviation 
     Administration for use in aerial firefighting; and
       (C) manufactured in a manner that is consistent with the 
     recommendations for aircraft used in aerial firefighting 
     contained in--
       (i) the Blue Ribbon Panel Report to the Chief of the Forest 
     Service and the Director of the Bureau of Land Management 
     dated December 2002; and
       (ii) the Safety Recommendation of the Chairman of the 
     National Transportation Safety Board related to aircraft used 
     in aerial firefighting dated April 23, 2004.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Agriculture for fiscal 
     year 2005 such funds as may be necessary to purchase the 10 
     aircraft described in subsection (b).

     SEC. 1077. SENSE OF SENATE ON AMERICAN FORCES RADIO AND 
                   TELEVISION SERVICE.

       (a) Findings.--The Senate makes the following findings:
       (1) It is the mission of the American Forces Radio and 
     Television Service to provide United States military 
     commanders overseas and at sea with a broadcast media 
     resource to effectively communicate Department of Defense, 
     Service-unique, theater, and local command information to 
     personnel under their commands and to provide United States 
     military members, Department of Defense civilians, and their 
     families stationed outside the continental United States and 
     at sea with the same type and quality of American radio and 
     television news, information, sports, and entertainment that 
     would be available to them if they were in the continental 
     United States.
       (2) Key principles of American Forces Radio and Television 
     Service broadcasting policy, as outlined in Department of 
     Defense Regulation 5120.20R, are to ensure political 
     programming characterized by fairness and balance and to 
     provide a free flow of political programming from United 
     States commercial and public networks without manipulation or 
     censorship of any news content to the men and women of the 
     Armed Forces and their dependents.
       (3) The stated policy of the American Forces Radio and 
     Television Service is to select programming that represents a 
     cross-section of popular American radio and television 
     offerings and to emulate stateside scheduling and programming 
     seen and heard in the United States.
       (4) It is the policy of American Forces Radio and 
     Television Service to select news and public affairs programs 
     for airing that provide balance and diversity from available 
     nationally recognized program sources, including broadcast 
     and cable networks, Headquarters, American Forces Radio and 
     Television Service, the military departments, and other 
     government or public service agencies.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the mission statement and policies of the American 
     Forces Radio and Television Service appropriately state the 
     goal of maintaining equal opportunity balance with respect to 
     political programming and that the Secretary of Defense 
     should therefore ensure that these policies are fully being 
     implemented by developing appropriate methods of oversight to 
     ensure presentation of all sides of important public 
     questions with the fairness and balance envisioned by the 
     Department of Defense throughout the American Forces Radio 
     and Television Service system.

     SEC. 1078. SENSE OF CONGRESS ON AMERICA'S NATIONAL WORLD WAR 
                   I MUSEUM.

       (a) Findings.--Congress makes the following findings:
       (1) The Liberty Memorial Museum in Kansas City, Missouri, 
     was built in 1926 in honor of those individuals who served in 
     World War I in defense of liberty and the Nation.
       (2) The Liberty Memorial Association, a nonprofit 
     organization which originally built the Liberty Memorial 
     Museum, is responsible for the finances, operations, and 
     collections management of the Liberty Memorial Museum.
       (3) The Liberty Memorial Museum is the only public museum 
     in the Nation that exists for the exclusive purpose of 
     interpreting the experiences of the United States and its 
     allies in the World War I years (1914-1918), both on the 
     battlefield and on the home front.
       (4) The Liberty Memorial Museum project began after the 
     1918 Armistice through the efforts of a large-scale, grass-
     roots civic and fundraising effort by the citizens and 
     veterans of the Kansas City metropolitan area. After the 
     conclusion of a national architectural design competition, 
     ground was broken in 1921, construction began in 1923, and 
     the Liberty Memorial Museum was opened to the public in 1926.
       (5) In 1994, the Liberty Memorial Museum closed for a 
     massive restoration and expansion project. The restored 
     museum reopened to the public on Memorial Day, 2002, during a 
     gala rededication ceremony.
       (6) Exhibits prepared for the original museum buildings 
     presaged the dramatic, underground expansion of core 
     exhibition gallery space, with over 30,000 square feet of new 
     interpretive and educational exhibits currently in 
     development. The new exhibits, along with an expanded 
     research library and archives, will more fully utilize the 
     many thousands of historical objects, books, maps, posters, 
     photographs, diaries, letters, and reminiscences of World War 
     I participants that are preserved for posterity in the 
     Liberty Memorial Museum's collections. The new core 
     exhibition is scheduled to open on Veterans Day, 2006.
       (7) The City of Kansas City, the State of Missouri, and 
     thousands of private donors and philanthropic foundations 
     have contributed millions of dollars to build and later to 
     restore this national treasure. The Liberty Memorial Museum 
     continues to receive the strong support of residents from the 
     States of Missouri and Kansas and across the Nation.

[[Page S7649]]

       (8) Since the restoration and rededication of 2002, the 
     Liberty Memorial Museum has attracted thousands of visitors 
     from across the United States and many foreign countries.
       (9) There remains a need to preserve in a museum setting 
     evidence of the honor, courage, patriotism, and sacrifice of 
     those Americans who offered their services and who gave their 
     lives in defense of liberty during World War I, evidence of 
     the roles of women and African Americans during World War I, 
     and evidence of other relevant subjects.
       (10) The Liberty Memorial Museum seeks to educate a diverse 
     group of audiences through its comprehensive collection of 
     historical materials, emphasizing eyewitness accounts of the 
     participants on the battlefield and the home front and the 
     impact of World War I on individuals, then and now. The 
     Liberty Memorial Museum continues to actively acquire and 
     preserve such materials.
       (11) A great opportunity exists to use the invaluable 
     resources of the Liberty Memorial Museum to teach the 
     ``Lessons of Liberty'' to the Nation's schoolchildren through 
     on-site visits, classroom curriculum development, distance 
     learning, and other educational initiatives.
       (12) The Liberty Memorial Museum should always be the 
     Nation's museum of the national experience in the World War I 
     years (1914-1918), where people go to learn about this 
     critical period and where the Nation's history of this 
     monumental struggle will be preserved so that generations of 
     the 21st century may understand the role played by the United 
     States in the preservation and advancement of democracy, 
     freedom, and liberty in the early 20th century.
       (13) This initiative to recognize and preserve the history 
     of the Nation's sacrifices in World War I will take on added 
     significance as the Nation approaches the centennial 
     observance of this event.
       (14) It is fitting and proper to refer to the Liberty 
     Memorial Museum as ``America's National World War I Museum''.
       (b) Sense of Congress.--Congress--
       (1) recognizes the Liberty Memorial Museum in Kansas City, 
     Missouri, including the museum's future and expanded 
     exhibits, collections, library, archives, and educational 
     programs, as ``America's National World War I Museum'';
       (2) recognizes that the continuing collection, 
     preservation, and interpretation of the historical objects 
     and other historical materials held by the Liberty Memorial 
     Museum enhance the knowledge and understanding of the 
     Nation's people of the American and allied experience during 
     the World War I years (1914-1918), both on the battlefield 
     and on the home front;
       (3) commends the ongoing development and visibility of 
     ``Lessons of Liberty'' educational outreach programs for 
     teachers and students throughout the Nation; and
       (4) encourages the need for present generations to 
     understand the magnitude of World War I, how it shaped the 
     Nation, other countries, and later world events, and how the 
     sacrifices made then helped preserve liberty, democracy, and 
     other founding principles for generations to come.

     SEC. 1079. REDUCTION OF BARRIERS FOR HISPANIC-SERVING 
                   INSTITUTIONS IN DEFENSE CONTRACTS, DEFENSE 
                   RESEARCH PROGRAMS, AND OTHER MINORITY-RELATED 
                   DEFENSE PROGRAMS.

       Section 502(a)(5)(C) of the Higher Education Act of 1965 
     (20 U.S.C. 1101a(a)(5)(C)) is amended by inserting before the 
     period the following: ``, which assurances--
       ``(i) may employ statistical extrapolation using 
     appropriate data from the Bureau of the Census or other 
     appropriate Federal or State sources; and
       ``(ii) the Secretary shall consider as meeting the 
     requirements of this subparagraph, unless the Secretary 
     determines, based on a preponderance of the evidence, that 
     the assurances do not meet the requirements''.

     SEC. 1080. EXTENSION OF SCOPE AND JURISDICTION FOR CURRENT 
                   FRAUD OFFENSES.

       (a) Statements or Entries Generally.--Section 1001 of title 
     18, United States Code, is amended by adding at the end the 
     following:
       ``(d) Jurisdiction.--There is extraterritorial Federal 
     jurisdiction over an offense under this section.
       ``(e) Prosecution.--A prosecution for an offense under this 
     section may be brought--
       ``(1) in accordance with chapter 211 of this title; or
       ``(2) in any district where any act in furtherance of the 
     offense took place.''.
       (b) Major Fraud Against the United States.--Section 1031 of 
     title 18, United States Code, is amended by adding at the end 
     the following:
       ``(i) Jurisdiction.--There is extraterritorial Federal 
     jurisdiction over an offense under this section.
       ``(j) Prosecution.--A prosecution for an offense under this 
     section may be brought--
       ``(1) in accordance with chapter 211 of this title;
       ``(2) in any district where any act in furtherance of the 
     offense took place; or
       ``(3) in any district where any party to the contract or 
     provider of goods or services is located.''.

     SEC. 1081. CONTRACTOR ACCOUNTABILITY.

       Section 3267(1)(A) of title 18, United States Code, is 
     amended to read as follows:
       ``(A) employed as--
       ``(i) a civilian employee of--

       ``(I) the Department of Defense (including a 
     nonappropriated fund instrumentality of the Department); or
       ``(II) any other Federal agency, or any provisional 
     authority, to the extent such employment relates to 
     supporting the mission of the Department of Defense overseas;

       ``(ii) a contractor (including a subcontractor at any tier) 
     of--

       ``(I) the Department of Defense (including a 
     nonappropriated fund instrumentality of the Department); or
       ``(II) any other Federal agency, or any provisional 
     authority, to the extent such employment relates to 
     supporting the mission of the Department of Defense overseas; 
     or

       ``(iii) an employee of a contractor (or subcontractor at 
     any tier) of--

       ``(I) the Department of Defense (including a 
     nonappropriated fund instrumentality of the Department); or
       ``(II) any other Federal agency, or any provisional 
     authority, to the extent such employment relates to 
     supporting the mission of the Department of Defense 
     overseas;''.

     SEC. 1082. DEFINITION OF UNITED STATES.

       Section 2340(3) of title 18, United States Code, is amended 
     to read as follows:
       ``(3) `United States' means the several States of the 
     United States, the District of Columbia, and the 
     commonwealths, territories, and possessions of the United 
     States.''.

     SEC. 1083. MENTOR-PROTEGE PILOT PROGRAM.

       Section 831(m)(2) of the National Defense Authorization Act 
     for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 
     note) is amended--
       (1) in subparagraph (D), by striking ``or'' at the end;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(F) a small business concern owned and controlled by 
     service-disabled veterans (as defined in section 8(d)(3) of 
     the Small Business Act); and
       ``(G) a qualified HUBZone small business concern (as 
     defined in section 3(p) of the Small Business Act).''.

     SEC. 1084. BROADCAST DECENCY ENFORCEMENT ACT OF 2004.

       (a) Short Title.--This section may be cited as the 
     ``Broadcast Decency Enforcement Act of 2004''.
       (b) Purpose.--The purpose of this section is to increase 
     the Federal Communications Commission's (FCC) authority to 
     fine for indecent broadcasts and prevent further relaxation 
     of the media ownership rules in order to stem the rise of 
     indecent programming.
       (c) Findings.--The Congress makes the following findings:
       (1) Since 1996 there has been significant consolidation in 
     the media industry, including:
       (A) Radio.--Clear Channel Communications went from owning 
     43 radio stations prior to 1996 to over 1,200 as of January 
     2003; Cumulus Broadcasting, Inc. was established in 1997 and 
     owned 266 stations as of December 2003, making it the second-
     largest radio ownership company in the country; and Infinity 
     Broadcasting Corporation went from owning 43 radio stations 
     prior to 1996 to over 185 stations as of June 2004;
       (B) Television.--Viacom/CBS's national ownership of 
     television stations increased from 31.53 percent of United 
     States television households prior to 1996 to 38.9 percent in 
     2004; GE/NBC's national ownership of television stations 
     increased from 24.65 percent prior to 1996 to 33.56 percent 
     in 2004; News Corp./Fox's national ownership of television 
     stations increased from 22.05 percent prior to 1996 to 37.7 
     percent in 2004;
       (C) Media mergers.--In 2000, Viacom merged with CBS and 
     UPN; in 2002, GE/NBC merged with Telemundo Communications, 
     Inc. and in 2004 with Vivendi Universal Entertainment; in 
     2003 News Corp./Fox acquired a controlling interest in 
     DirecTV; in 2000, Time Warner, Inc. merged with America 
     Online.
       (2) Over the same period that there has been significant 
     consolidation in the media industry, the number of indecency 
     complaints also has increased dramatically. The largest 
     owners of television and radio broadcast holdings have 
     received the greatest number of indecency complaints and the 
     largest fines, including:
       (A) Over 80 percent of the fines proposed by the Federal 
     Communications Commission for indecent broadcasts were 
     against stations owned by two of the top three radio 
     companies. The top radio company alone accounts for over two-
     thirds of the fines proposed by the FCC;
       (B) Two of the largest fines proposed by the FCC were 
     against two of the top three radio companies;
       (C) In 2004, the FCC received over 500,000 indecency 
     complaints in response to the Superbowl Halftime show aired 
     on CBS and produced by MTV, both of which are owned by 
     Viacom. This is the largest number of complaints ever 
     received by the FCC for a single broadcast;
       (D) The number of indecency complaints increased from 111 
     in 2000 to 240,350 in 2003;
       (3) Media conglomerates do not consider or reflect local 
     community standards.
       (A) The FCC has no record of a television station owned by 
     one of the big four networks (Viacom/CBS, Disney/ABC, News 
     Corp./Fox or GE/NBC) pre-empting national programming for 
     failing to meet community standards;

[[Page S7650]]

       (B) FCC records show that non-network owned stations have 
     often rejected national network programming found to be 
     indecent and offensive to local community standards;
       (C) A letter from an owned and operated station manager to 
     a viewer stated that programming decisions are made by 
     network headquarters and not the local owned and operated 
     television station management;
       (D) The Parents Television Council has found that the 
     ``losers'' of network ownership ``are the local communities 
     whose standards of decency are being ignored;''
       (4) The Senate Commerce Committee has found that the 
     current fines do not deter indecent broadcast because they 
     are merely the cost of doing business for large media 
     companies. Therefore, in order to prevent the continued rise 
     of indecency violations, the FCC's authority for indecency 
     fines should be increased and further media consolidation 
     should be prevented.
       (d) Increase in Penalties for Obscene, Indecent, and 
     Profane Broadcast.--Section 503(b)(2) of the Communications 
     Act of 1934 (47 U.S.C. 503(b)(2)) is amended.--
       (1) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E), respectively;
       (2) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) Notwithstanding subparagraph (A), if the violator 
     is--
       ``(i)(I) a broadcast station licensee or permittee; or
       ``(II) an applicant for any broadcast license, permit, 
     certificate, or other instrument or authorization issued by 
     the Commission; and
       ``(ii) determined by the Commission under paragraph (1) to 
     have broadcast obscene, indecent, or profane language, the 
     amount of any forfeiture penalty determined under this 
     subsection shall not exceed $275,000 for each violation or 
     each day of a continuing violation, except that the amount 
     assessed for any continuing violation shall not exceed a 
     total of $3,000,000 for any single act or failure to act.''; 
     and
       (3) in subparagraph (D), as redesignated by paragraph (1), 
     by striking ``subparagraph (A) or (B)'' and inserting 
     ``subparagraph (A), (B), or (C)''.
       (e) New Broadcast Media Ownership Rules Suspended.--
       (1) Suspension.--Subject to the provisions of 
     paragraphs(d)(2), the broadcast media ownership rules adopted 
     by the Federal Communications Commission on June 2, 2003, 
     pursuant to its proceeding on broadcast media ownership 
     rules, Report and Order FCC-03-127, published at 68 FR 46286, 
     August 5, 2003, shall be invalid and without legal effect.
       (2) Clarification.--The provisions of paragraph (1) shall 
     not supersede the amendments made by section 629 of the 
     Miscellaneous Appropriations and Offsets Act, 2004 (Public 
     Law 108-199).
       (f) Additional Factors in Indecency Penalties; Exception.--
     Section 503(b)(2) of the Communications Act of 1934 (47 
     U.S.C. 503(b)(2)), is further amended by adding at the end 
     the following:
       ``(F) In the case of a violation in which the violator is 
     determined by the Commission under paragraph (1) to have 
     uttered obscene, indecent, or profane material, the 
     Commission shall take into account, in addition to the 
     matters described in subparagraph (E), the following factors 
     with respect to the degree of culpability of the violator:
       ``(i) Whether the material uttered by the violator was live 
     or recorded, scripted or unscripted.
       ``(ii) Whether the violator had a reasonable opportunity to 
     review recorded or scripted programming or had a reasonable 
     basis to believe live or unscripted programming would contain 
     obscene, indecent, or profane material.
       ``(iii) If the violator originated live or unscripted 
     programming, whether a time delay blocking mechanism was 
     implemented for the programming.
       ``(iv) The size of the viewing or listening audience of the 
     programming.
       ``(v) Whether the obscene incident or profane language was 
     within live programming not produced by the station licensee 
     or permitee.
       ``(vi) The size of the market.
       ``(vii) Whether the violation occurred during a children's 
     television program (as such term is used in the Children's 
     Television Programming Policy referenced in section 
     73.4050(c) of the Commission's regulations (47 C.F.R. 
     73.4050(c)) or during a television program rated TVY, TVY7, 
     TVY7FV, or TVG under the TV Parental Guidelines as such 
     ratings were approved by the Commission in implementation of 
     section 551 of the Telecommunications Act of 1996, Video 
     Programming Ratings, Report and Order, CS Docket No. 97-55, 
     13 F.C.C. Rcd. 8232 (1998)), and, with respect to a radio 
     broadcast station licensee, permittee, or applicant, whether 
     the target audience was primarily comprised of, or should 
     reasonably have been expected to be primarily comprised of, 
     children.''
       ``(G) The Commission may double the amount of any 
     forfeiture penalty (not to exceed $550,000 for the first 
     violation, $750,000 for the second violation, and $1,000,000 
     for the third or any subsequent violation not to exceed up to 
     $3,000,000 for all violations in a 24-hour time period 
     notwithstanding section 503(b)(2)(C)) if the Commission 
     determines additional factors are present which are 
     aggravating in nature, including--
       ``(i) whether the material uttered by the violator was 
     recorded or scripted;
       ``(ii) whether the violator had a reasonable opportunity to 
     review recorded or scripted programming or had a reasonable 
     basis to believe live or unscripted programming would contain 
     obscene, indecent, or profane material;
       ``(iii) whether the violator failed to block live or 
     unscripted programming;
       ``(iv) whether the size of the viewing or listening 
     audience of the programming was substantially larger than 
     usual, such as a national or international championship 
     sporting event or awards program; and
       ``(v) whether the violation occured during a children's 
     television program (as defined in subparagraph (F) (vii)).''

     SEC. 1085. CHILDREN'S PROTECTION FROM VIOLENT PROGRAMMING 
                   ACT.

       (a) Short Title.--This section may be cited as the 
     ``Children's Protection from Violent Programming Act''.
       (b) Findings.--The Congress makes the following findings:
       (1) Television influences children's perception of the 
     values and behavior that are common and acceptable in 
     society.
       (2) Broadcast television, cable television, and video 
     programming are--
       (A) uniquely pervasive presences in the lives of all 
     American children; and
       (B) readily accessible to all American children.
       (3) Violent video programming influences children, as does 
     indecent programming.
       (4) There is empirical evidence that children exposed to 
     violent video programming at a young age have a higher 
     tendency to engage in violent and aggressive behavior later 
     in life than those children not so exposed.
       (5) There is empirical evidence that children exposed to 
     violent video programming have a greater tendency to assume 
     that acts of violence are acceptable behavior and therefore 
     to imitate such behavior.
       (6) There is empirical evidence that children exposed to 
     violent video programming have an increased fear of becoming 
     a victim of violence, resulting in increased self-protective 
     behaviors and increased mistrust of others.
       (7) There is a compelling governmental interest in limiting 
     the negative influences of violent video programming on 
     children.
       (8) There is a compelling governmental interest in 
     channeling programming with violent content to periods of the 
     day when children are not likely to comprise a substantial 
     portion of the television audience.
       (9) A significant amount of violent programming that is 
     readily accessible to minors remains unrated specifically for 
     violence and therefore cannot be blocked solely on the basis 
     of its violent content.
       (10) Age-based ratings that do not include content rating 
     for violence do not allow parents to block programming based 
     solely on violent content thereby rendering ineffective any 
     technology-based blocking mechanism designed to limit violent 
     video programming.
       (11) The most recent study of the television ratings system 
     by the Kaiser Family Foundation concludes that 79 percent of 
     violent programming is not specifically rated for violence.
       (12) Technology-based solutions, such as the V-chip, may be 
     helpful in protecting some children, but cannot achieve the 
     compelling governmental interest in protecting all children 
     from violent programming when parents are only able to block 
     programming that has, in fact, been rated for violence.
       (13) Restricting the hours when violent programming can be 
     shown protects the interests of children whose parents are 
     unavailable, unable to supervise their children's viewing 
     behavior, do not have the benefit of technology-based 
     solutions, are unable to afford the costs of technology-based 
     solutions, or are unable to determine the content of those 
     shows that are only subject to age-based ratings.
       (14) After further study, pursuant to a rulemaking, the 
     Federal Communications Commission may conclude that content-
     based ratings and blocking technology do not effectively 
     protect children from the harm of violent video programming.
       (15) If the Federal Communications Commission reaches the 
     conclusion described in paragraph (14), the channeling of 
     violent video programming will be the least restrictive means 
     of limiting the exposure of children to the harmful 
     influences of violent video programming.

     SEC. 1086. ASSESSMENT OF EFFECTIVENESS OF CURRENT RATING 
                   SYSTEM FOR VIOLENCE AND EFFECTIVENESS OF V-CHIP 
                   IN BLOCKING VIOLENT PROGRAMMING.

       (a) Report.--The Federal Communications Commission shall--
       (1) assess the effectiveness of measures to require 
     television broadcasters and multichannel video programming 
     distributors (as defined in section 602(13) of the 
     Communications Act of 1934 (47 U.S.C. 522(13)) to rate and 
     encode programming that could be blocked by parents using the 
     V-chip undertaken under section 715 of the Communications Act 
     of 1934 (47 U.S.C. 715) and under subsections (w) and (x) of 
     section 303 of that Act (47 U.S.C. 303(w) and (x)) in 
     accomplishing the purposes for which they were enacted; and
       (2) report its findings to the Committee on Commerce, 
     Science, and Transportation of the United States Senate and 
     the Committee on Energy and Commerce of the United States 
     House of Representatives, within 12 months after the date of 
     enactment of this Act, and annually thereafter.

[[Page S7651]]

       (b) Action.--If the Commission finds at any time, as a 
     result of its ongoing assessment under subsection (a), that 
     the measures referred to in subsection (a)(1) are 
     insufficiently effective, then the Commission shall complete 
     a rulemaking within 270 days after the date on which the 
     Commission makes that finding to prohibit the distribution of 
     violent video programming during the hours when children are 
     reasonably likely to comprise a substantial portion of the 
     audience.
       (c) Definitions.--Any term used in this section that is 
     defined in section 715 of the Communications Act of 1934 (47 
     U.S.C. 715), or in regulations under that section, has the 
     same meaning as when used in that section or in those 
     regulations.

     SEC. 1087. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO PROGRAMMING 
                   THAT IS NOT SPECIFICALLY RATED FOR VIOLENCE AND 
                   THEREFORE IS NOT BLOCKABLE.

       Title VII of the Communications Act of 1934 (47 U.S.C. 701 
     et seq.) is amended by adding at the end the following:

     ``SEC. 715. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO 
                   PROGRAMMING NOT SPECIFICALLY BLOCKABLE BY 
                   ELECTRONIC MEANS.

       ``(a) Unlawful Distribution.--It shall be unlawful for any 
     person to distribute to the public any violent video 
     programming not blockable by electronic means specifically on 
     the basis of its violent content during hours when children 
     are reasonably likely to comprise a substantial portion of 
     the audience.
       ``(b) Rulemaking Proceeding.--The Commission shall conduct 
     a rulemaking proceeding to implement the provisions of this 
     section and shall promulgate final regulations pursuant to 
     that proceeding not later than 9 months after the date of 
     enactment of the Children's Protection from Violent 
     Programming Act. As part of that proceeding, the Commission--
       ``(1) may exempt from the prohibition under subsection (a) 
     programming (including news programs and sporting events) 
     whose distribution does not conflict with the objective of 
     protecting children from the negative influences of violent 
     video programming, as that objective is reflected in the 
     findings in section 551(a) of the Telecommunications Act of 
     1996;
       ``(2) shall exempt premium and pay-per-view cable 
     programming and premium and pay-per-view direct-to-home 
     satellite programming; and
       ``(3) shall define the term `hours when children are 
     reasonably likely to comprise a substantial portion of the 
     audience' and the term `violent video programming'.
       ``(c) Enforcement.--
       ``(1) Forfeiture penalty.--The forfeiture penalties 
     established by section 503(b) for violations of section 1464 
     of title 18, United States Code, shall apply to a violation 
     of this section, or any regulation promulgated under it in 
     the same manner as if a violation of this section, or such a 
     regulation, were a violation of law subject to a forfeiture 
     penalty under that section.
       ``(2) License revocation.--If a person repeatedly violates 
     this section or any regulation promulgated under this 
     section, the Commission shall, after notice and opportunity 
     for hearing, revoke any license issued to that person under 
     this Act.
       ``(3) License renewals.--The Commission shall consider, 
     among the elements in its review of an application for 
     renewal of a license under this Act, whether the licensee has 
     complied with this section and the regulations promulgated 
     under this section.
       ``(d) Definitions.--For purposes of this section--
       ``(1) Blockable by electronic means.--The term `blockable 
     by electronic means' means blockable by the feature described 
     in section 303(x).
       ``(2) Distribute.--The term `distribute' means to send, 
     transmit, retransmit, telecast, broadcast, or cablecast, 
     including by wire, microwave, or satellite, but it does not 
     include the transmission, retransmission, or receipt of any 
     voice, data, graphics, or video telecommunications accessed 
     through an interactive computer service as defined in section 
     230(f)(2) of the Communications Act of 1934 (47 U.S.C. 
     230(f)(2)), which is not originated or transmitted in the 
     ordinary course of business by a television broadcast station 
     or multichannel video programming distributor as defined in 
     section 602(13) of that Act (47 U.S.C. 522(13)).
       ``(3) Violent video programming.--The term `violent video 
     programming' as defined by the Commission may include matter 
     that is excessive or gratuitous violence within the meaning 
     of the 1992 Broadcast Standards for the Depiction of Violence 
     in Television Programs, December 1992.''.

     SEC. 1088. SEPARABILITY.

       If any provision of this title, or any provision of an 
     amendment made by this title, or the application thereof to 
     particular persons or circumstances, is found to be 
     unconstitutional, the remainder of this title or that 
     amendment, or the application thereof to other persons or 
     circumstances shall not be affected.

     SEC. 1089. EFFECTIVE DATE.

       The prohibition contained in section 715 of the 
     Communications Act of 1934 (as added by section 204 of this 
     title) and the regulations promulgated thereunder shall take 
     effect 1 year after the regulations are adopted by the 
     Commission.

     SEC. 1090. PILOT PROGRAM ON CRYPTOLOGIC SERVICE TRAINING.

       (a) Program Authorized.--The Director of the National 
     Security Agency may carry out a pilot program on cryptologic 
     service training for the intelligence community.
       (b) Objective of Program.--The objective of the pilot 
     program is to increase the number of qualified entry-level 
     language analysts and intelligence analysts available to the 
     National Security Agency and the other elements of the 
     intelligence community through the directed preparation and 
     recruitment of qualified entry-level language analysts and 
     intelligence analysts who commit to a period of service or a 
     career in the intelligence community.
       (c) Program Scope.--The pilot program shall be national in 
     scope.
       (d) Program Participants.--(1) Subject to the provisions of 
     this subsection, the Director shall select the participants 
     in the pilot program from among individuals qualified to 
     participate in the pilot program utilizing such procedures as 
     the Director considers appropriate for purposes of the pilot 
     program.
       (2) Each individual who receives financial assistance under 
     the pilot program shall perform one year of obligated service 
     with the National Security Agency, or another element of the 
     intelligence community approved by the Director, for each 
     academic year for which such individual receives such 
     financial assistance upon such individual's completion of 
     post-secondary education.
       (3) Each individual selected to participate in the pilot 
     program shall be qualified for a security clearance 
     appropriate for the individual under the pilot program.
       (4) The total number of participants in the pilot program 
     at any one time may not exceed 400 individuals.
       (e) Program Management.--In carrying out the pilot program, 
     the Director shall--
       (1) identify individuals interested in working in the 
     intelligence community, and committed to taking college-level 
     courses that will better prepare them for a career in the 
     intelligence community as a language analysts or intelligence 
     analyst;
       (2) provide each individual selected for participation in 
     the pilot program--
       (A) financial assistance for the pursuit of courses at 
     institutions of higher education selected by the Director in 
     fields of study that will qualify such individual for 
     employment by an element of the intelligence community as a 
     language analyst or intelligence analyst; and
       (B) educational counseling on the selection of courses to 
     be so pursued; and
       (3) provide each individual so selected information on the 
     opportunities available for employment in the intelligence 
     community.
       (f) Duration of Program.--(1) The Director shall terminate 
     the pilot program not later than six years after the date of 
     the enactment of this Act.
       (2) The termination of the pilot program under paragraph 
     (1) shall not prevent the Director from continuing to provide 
     assistance, counseling, and information under subsection (e) 
     to individuals who are participating in the pilot program on 
     the date of termination of the pilot program throughout the 
     academic year in progress as of that date.

     SEC. 1091. ENERGY SAVINGS PERFORMANCE CONTRACTS.

       (a) In General.--Section 801(c) of the National Energy 
     Conservation Policy Act (42 U.S.C. 8287(c)) is amended by 
     striking ``2003'' and inserting ``2005''.
       (b) Payment of Costs.--Section 802 of the National Energy 
     Conservation Policy Act (42 U.S.C. 8287a) is amended by 
     inserting ``, water, or wastewater treatment'' after 
     ``payment of energy''.
       (c) Energy Savings.--Section 804(2) of the National Energy 
     Conservation Policy Act (42 U.S.C. 8287c(2)) is amended to 
     read as follows:
       ``(2) The term `energy savings' means a reduction in the 
     cost of energy, water, or wastewater treatment, from a base 
     cost established through a methodology set forth in the 
     contract, used in an existing federally owned building or 
     buildings or other federally owned facilities as a result 
     of--
       ``(A) the lease or purchase of operating equipment, 
     improvements, altered operation and maintenance, or technical 
     services;
       ``(B) the increased efficient use of existing energy 
     sources by cogeneration or heat recovery, excluding any 
     cogeneration process for other than a federally owned 
     building or buildings or other federally owned facilities; or
       ``(C) the increased efficient use of existing water sources 
     in either interior or exterior applications.''.
       (d) Energy Savings Contract.--Section 804(3) of the 
     National Energy Conservation Policy Act (42 U.S.C. 8287c(3)) 
     is amended to read as follows:
       ``(3) The terms `energy savings contract' and `energy 
     savings performance contract' mean a contract that provides 
     for the performance of services for the design, acquisition, 
     installation, testing, and, where appropriate, operation, 
     maintenance, and repair, of an identified energy or water 
     conservation measure or series of measures at 1 or more 
     locations. Such contracts shall, with respect to an agency 
     facility that is a public building (as such term is defined 
     in section 3301 of title 40, United States Code), be in 
     compliance with the prospectus requirements and procedures of 
     section 3307 of title 40, United States Code.''.
       (e) Energy or Water Conservation Measure.--Section 804(4) 
     of the National Energy Conservation Policy Act (42 U.S.C. 
     8287c(4)) is amended to read as follows:
       ``(4) The term `energy or water conservation measure' 
     means--

[[Page S7652]]

       ``(A) an energy conservation measure, as defined in section 
     551; or
       ``(B) a water conservation measure that improves the 
     efficiency of water use, is life-cycle cost-effective, and 
     involves water conservation, water recycling or reuse, more 
     efficient treatment of wastewater or stormwater, improvements 
     in operation or maintenance efficiencies, retrofit 
     activities, or other related activities, not at a Federal 
     hydroelectric facility.''.
       (f) Review.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Energy shall complete 
     a review of the Energy Savings Performance Contract program 
     to identify statutory, regulatory, and administrative 
     obstacles that prevent Federal agencies from fully utilizing 
     the program. In addition, this review shall identify all 
     areas for increasing program flexibility and effectiveness, 
     including audit and measurement verification requirements, 
     accounting for energy use in determining savings, contracting 
     requirements, including the identification of additional 
     qualified contractors, and energy efficiency services 
     covered. The Secretary shall report these findings to 
     Congress and shall implement identified administrative and 
     regulatory changes to increase program flexibility and 
     effectiveness to the extent that such changes are consistent 
     with statutory authority.
       (g) Extension of Authority.--Any energy savings performance 
     contract entered into under section 801 of the National 
     Energy Conservation Policy Act (42 U.S.C. 8287) after October 
     1, 2003, and before the date of enactment of this Act, shall 
     be deemed to have been entered into pursuant to such section 
     801 as amended by subsection (a) of this section.

     SEC. 1092. CLARIFICATION OF FISCAL YEAR 2004 FUNDING LEVEL 
                   FOR A NATIONAL INSTITUTE OF STANDARDS AND 
                   TECHNOLOGY ACCOUNT.

       For the purposes of applying sections 204 and 605 of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 2004 (division B of 
     Public Law 108-199) to matters in title II of such Act under 
     the heading ``National Institute of Standards and 
     Technology'' (118 Stat.69), in the account under the heading 
     ``industrial technology services'', the Secretary of Commerce 
     shall make all determinations based on the Industrial 
     Technology Services funding level of $218,782,000 for 
     reprogramming and transferring of funds for the Manufacturing 
     Extension Partnership program and shall submit such a 
     reprogramming or transfer, as the case may be, to the 
     appropriate committees within 30 days after the date of the 
     enactment of this Act.

     SEC. 1093. REPORT ON OFFSET REQUIREMENTS UNDER CERTAIN 
                   CONTRACTS.

       Section 8138(b) of the Department of Defense Appropriations 
     Act, 2004 (Public Law 108-87; 117 Stat. 1106; 10 U.S.C. 2532 
     note) is amended by adding at the end the following new 
     paragraph:
       ``(4) The extent to which any foreign country imposes, 
     whether by law or practice, offsets in excess of 100 percent 
     on United States suppliers of goods or services, and the 
     impact of such offsets with respect to employment in the 
     United States, sales revenue relative to the value of such 
     offsets, technology transfer of goods that are critical to 
     the national security of the United States, and global market 
     share of United States companies.''.

       TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY

     SEC. 1101. SCIENCE, MATHEMATICS, AND RESEARCH FOR 
                   TRANSFORMATION (SMART) DEFENSE SCHOLARSHIP 
                   PILOT PROGRAM.

       (a) Requirement for Program.--(1) The Secretary of Defense 
     shall carry out a pilot program to provide financial 
     assistance for education in science, mathematics, 
     engineering, and technology skills and disciplines that, as 
     determined by the Secretary, are critical to the national 
     security functions of the Department of Defense and are 
     needed in the Department of Defense workforce.
       (2) The pilot program under this section shall be carried 
     out for three years beginning on October 1, 2004.
       (b) Scholarships.--(1) Under the pilot program, the 
     Secretary of Defense may award a scholarship in accordance 
     with this section to a person who--
       (A) is a citizen of the United States;
       (B) is pursuing an undergraduate or advanced degree in a 
     critical skill or discipline described in subsection (a) at 
     an institution of higher education; and
       (C) enters into a service agreement with the Secretary of 
     Defense as described in subsection (c).
       (2) The amount of the financial assistance provided under a 
     scholarship awarded to a person under this subsection shall 
     be the amount determined by the Secretary of Defense as being 
     necessary to pay all educational expenses incurred by that 
     person, including tuition, fees, cost of books, laboratory 
     expenses, and expenses of room and board. The expenses paid, 
     however, shall be limited to those educational expenses 
     normally incurred by students at the institution of higher 
     education involved.
       (c) Service Agreement for Recipients of Assistance.--(1) To 
     receive financial assistance under this section--
       (A) in the case of an employee of the Department of 
     Defense, the employee shall enter into a written agreement to 
     continue in the employment of the department for the period 
     of obligated service determined under paragraph (2); and
       (B) in the case of a person not an employee of the 
     Department of Defense, the person shall enter into a written 
     agreement to accept and continue employment in the Department 
     of Defense for the period of obligated service determined 
     under paragraph (2).
       (2) For the purposes of this subsection, the period of 
     obligated service for a recipient of a scholarship under this 
     section shall be the period determined by the Secretary of 
     Defense as being appropriate to obtain adequate service in 
     exchange for the financial assistance provided under the 
     scholarship. In no event may the period of service required 
     of a recipient be less than the total period of pursuit of a 
     degree that is covered by the scholarship. The period of 
     obligated service is in addition to any other period for 
     which the recipient is obligated to serve in the civil 
     service of the United States.
       (3) An agreement entered into under this subsection by a 
     person pursuing an academic degree shall include any terms 
     and conditions that the Secretary of Defense determines 
     necessary to protect the interests of the United States or 
     otherwise appropriate for carrying out this section.
       (d) Refund for Period of Unserved Obligated Service.--(1) A 
     person who voluntarily terminates service before the end of 
     the period of obligated service required under an agreement 
     entered into under subsection (c) shall refund to the United 
     States an amount determined by the Secretary of Defense as 
     being appropriate to obtain adequate service in exchange for 
     financial assistance.
       (2) An obligation to reimburse the United States imposed 
     under paragraph (1) is for all purposes a debt owed to the 
     United States.
       (3) The Secretary of Defense may waive, in whole or in 
     part, a refund required under paragraph (1) if the Secretary 
     determines that recovery would be against equity and good 
     conscience or would be contrary to the best interests of the 
     United States.
       (4) A discharge in bankruptcy under title 11, United States 
     Code, that is entered less than five years after the 
     termination of an agreement under this section does not 
     discharge the person signing such agreement from a debt 
     arising under such agreement or under this subsection.
       (e) Relationship to Other Programs.--The pilot program 
     under this section is in addition to the authorities provided 
     in chapter 111 of title 10, United States Code. The Secretary 
     of Defense shall coordinate the provision of financial 
     assistance under the authority of this section with the 
     provision of financial assistance under the authorities 
     provided in such chapter in order to maximize the benefits 
     derived by the Department of Defense from the exercise of all 
     such authorities.
       (f) Recommendation on Pilot Program.--Not later than 
     February 1, 2007, the Secretary of Defense shall submit to 
     the Committees on Armed Services of the Senate and the House 
     of Representatives, the Committee on Governmental Affairs of 
     the Senate, and the Committee on Government Reform of the 
     House of Representatives a plan for expanding and improving 
     the national defense science and engineering workforce 
     educational assistance pilot program carried out under this 
     section as appropriate to improve recruitment and retention 
     to meet the requirements of the Department of Defense for its 
     science and engineering workforce on a short-term basis and 
     on a long-term basis.
       (g) Critical Hiring Need.--Section 3304(a)(3) of title 5, 
     United States Code, is amended by striking subparagraph (B) 
     and inserting the following:
       ``(B)(i) the Office of Personnel Management has determined 
     that there exists a severe shortage of candidates or there is 
     a critical hiring need; or
       ``(ii) the candidate is a participant in the Science, 
     Mathematics, and Research for Transformation (SMART) Defense 
     Scholarship Pilot Program under section 1101 of the National 
     Defense Authorization Act for Fiscal Year 2005.''.
       (h) Institution of Higher Education Defined.--In this 
     section, the term ``institution of higher education'' has the 
     meaning given such term in section 101 of the Higher 
     Education Act of 1965 (21 U.S.C. 1001).

     SEC. 1102. FOREIGN LANGUAGE PROFICIENCY PAY.

       (a) Eligibility for Service Not Related to Contingency 
     Operations.--Section 1596a(a)(2) of title 10, United States 
     Code, is amended by striking ``during a contingency operation 
     supported by the armed forces''.
       (b) Effective Date and Applicability.--The amendment by 
     this section shall take effect on October 1, 2004, and shall 
     apply with respect to months beginning on or after such date.

     SEC. 1103. PAY AND PERFORMANCE APPRAISAL PARITY FOR CIVILIAN 
                   INTELLIGENCE PERSONNEL.

       (a) Pay Rates.--Section 1602(a) of title 10, United States 
     Code, is amended by striking ``in relation to the rates of 
     pay provided in subpart D of part III of title 5 for 
     positions subject to that subpart which have corresponding 
     levels of duties and responsibilities'' and inserting ``in 
     relation to the rates of pay provided for comparable 
     positions in the Department of Defense, including Senior 
     Executive Service positions (as defined in

[[Page S7653]]

     section 3132 of title 5) or other senior level positions''.
       (b) Performance Appraisal System.--Section 1606 of such 
     title is amended by adding at the end the following new 
     subsection:
       ``(d) Performance Appraisals.--(1) The Defense Intelligence 
     Senior Executive Service shall be subject to a performance 
     appraisal system which, as designed and applied, is certified 
     by the Secretary of Defense under section 5307 of title 5 as 
     making meaningful distinctions based on relative performance.
       ``(2) The performance appraisal system applicable to the 
     Defense Intelligence Senior Executive Service under paragraph 
     (1) may be the same performance appraisal system that is 
     established and implemented within the Department of Defense 
     for members of the Senior Executive Service.''.

     SEC. 1104. ACCUMULATION OF ANNUAL LEAVE BY INTELLIGENCE 
                   SENIOR LEVEL EMPLOYEES.

       Section 6304(f)(1) of title 5, United States Code, is 
     amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``in a position'';
       (2) in subparagraphs (A), (B), (C), (D), and (E), by 
     inserting ``a position in'' before ``the'';
       (3) by striking ``or'' at the end of subparagraph (D);
       (4) by striking the period at the end of subparagraph (E) 
     and inserting ``; or''; and
       (5) by adding at the end the following new subparagraph:
       ``(F) a position designated as an Intelligence Senior Level 
     position under section 1607(a) of title 10.''.

     SEC. 1105. PAY PARITY FOR SENIOR EXECUTIVES IN DEFENSE 
                   NONAPPROPRIATED FUND INSTRUMENTALITIES.

       (a) Authority.--Chapter 81 of title 10, United States Code, 
     is amended by inserting after section 1587 the following new 
     section:

     ``Sec. 1587a. Employees of nonappropriated fund 
       instrumentalities: senior executive pay levels

       ``(a) Authority.--To achieve the objective stated in 
     subsection (b), the Secretary of Defense may regulate the 
     amount of total compensation that is provided for senior 
     executives of nonappropriated fund instrumentalities who, for 
     the fixing of pay by administrative action, are under the 
     jurisdiction of the Secretary of Defense or the Secretary of 
     a military department.
       ``(b) Pay Parity.--The objective of an action taken with 
     respect to the compensation of a senior executive under 
     subsection (a) is to provide for parity between the total 
     compensation provided for such senior executive and total 
     compensation that is provided for Department of Defense 
     employees in Senior Executive Service positions or other 
     senior executive positions.
       ``(c) Standards of Comparability.--Subject to subsection 
     (d), the Secretary of Defense shall prescribe the standards 
     of comparison that are to apply in the making of the 
     determinations necessary to achieve the objective stated in 
     subsection (b).
       ``(d) Establishment of Pay Rates.--The Secretary of Defense 
     shall apply subsections (a) and (b) of section 5382 of title 
     5 in the regulation of compensation under this section.
       ``(e) Relationship to Pay Limitation.--The Secretary of 
     Defense may exercise the authority provided in subsection (a) 
     without regard to section 5373 of title 5.
       ``(f) Definitions.--In this section:
       ``(1) The term `compensation' includes rate of basic pay.
       ``(2) The term `Senior Executive Service position' has the 
     meaning given such term in section 3132 of title 5.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1587 the following new item:

``1587a. Employees of nonappropriated fund instrumentalities: senior 
              executive pay levels.''.

     SEC. 1106. HEALTH BENEFITS PROGRAM FOR EMPLOYEES OF 
                   NONAPPROPRIATED FUND INSTRUMENTALITIES.

       (a) Establishment.--(1) Chapter 81 of title 10, United 
     States Code, as amended by section 1105(a), is further 
     amended by inserting after section 1587a the following new 
     section:

     ``Sec. 1587b. Employees of nonappropriated fund 
       instrumentalities: health benefits program

       ``(a) Program Required.--The Secretary of Defense shall 
     provide a uniform health benefits program for employees of 
     the Department of Defense assigned to a nonappropriated fund 
     instrumentality of the United States.
       ``(b) Exemption From State and Local Laws, Taxes, and Other 
     Requirements.--The exemption in section 8909(f) of title 5 
     shall apply to the program under subsection (a) and to a 
     carrier, underwriting contractor, and plan administration 
     contractor under such program in the same manner and to the 
     same extent as such exemption applies under section 8909(f) 
     of such title to an approved health benefits plan under 
     chapter 89 of such title and a carrier, underwriting 
     subcontractor, and plan administration subcontractor, 
     respectively, of such a plan.''.
       (2) The table of sections at the beginning of such chapter, 
     as amended by section 1105(b), is further amended by 
     inserting after the item relating to section 1587a the 
     following new item:

``1587b. Employees of nonappropriated fund instrumentalities: health 
              benefits program.''.

       (b) Repeal of Superseded Law.--Section 349 of the National 
     Defense Authorization Act for Fiscal Year 1995 (Public Law 
     103-337; 108 Stat. 2727; 10 U.S.C. 1587 note) is repealed.

     SEC. 1107. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER 
                   OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A-76.

       (a) Eligibility To Protest.--(1) Section 3551(2) of title 
     31, United States Code, is amended to read as follows:
       ``(2) The term `interested party'--
       ``(A) with respect to a contract or a solicitation or other 
     request for offers described in paragraph (1), means an 
     actual or prospective bidder or offeror whose direct economic 
     interest would be affected by the award of the contract or by 
     failure to award the contract; and
       ``(B) with respect to a public-private competition 
     conducted under Office of Management and Budget Circular A-76 
     regarding performance of an activity or function of a Federal 
     agency, includes--
       ``(i) any official who submitted the agency tender in such 
     competition; and
       ``(ii) any one person who, for the purpose of representing 
     them in a protest under this subchapter that relates to such 
     competition, has been designated as their agent by a majority 
     of the employees of such Federal agency who are engaged in 
     the performance of such activity or function.''.
       (2)(A) Subchapter V of chapter 35 of such title is amended 
     by adding at the end the following new section:

     ``Sec. 3557. Expedited action in protests for public-private 
       competitions

       ``For protests in cases of public-private competitions 
     conducted under Office of Management and Budget Circular A-76 
     regarding performance of an activity or function of Federal 
     agencies, the Comptroller General shall administer the 
     provisions of this subchapter in a manner best suited for 
     expediting final resolution of such protests and final action 
     in such competitions.''.
       (B) The chapter analysis at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     3556 the following new item:

``3557. Expedited action in protests for public-private 
              competitions.''.

       (b) Right To Intervene in Civil Action.--Section 1491(b) of 
     title 28, United States Code, is amended by adding at the end 
     the following new paragraph:
       ``(5) If a private sector interested party commences an 
     action described in paragraph (1) in the case of a public-
     private competition conducted under Office of Management and 
     Budget Circular A-76 regarding performance of an activity or 
     function of a Federal agency, then an official or person 
     described in section 3551(2)(B) of title 31 shall be entitled 
     to intervene in that action.''.
       (c) Applicability.--Subparagraph (B) of section 3551(2) of 
     title 31, United States Code (as added by subsection (a)), 
     and paragraph (5) of section 1491(b) of title 28, United 
     States Code (as added by subsection (b)), shall apply to--
       (1) protests and civil actions that challenge final 
     selections of sources of performance of an activity or 
     function of a Federal agency that are made pursuant to 
     studies initiated under Office of Management and Budget 
     Circular A-76 on or after January 1, 2004; and
       (2) any other protests and civil actions that relate to 
     public-private competitions initiated under Office of 
     Management and Budget Circular A-76 on or after the date of 
     the enactment of this Act.

     SEC. 1108. REPORT ON HOW TO RECRUIT AND RETAIN INDIVIDUALS 
                   WITH FOREIGN LANGUAGE SKILLS.

       (a) Findings.--Congress makes the following findings:
       (1) The Federal Government has a requirement to ensure that 
     the employees of its departments and agencies with national 
     security responsibilities are prepared to meet the challenges 
     of this evolving international environment.
       (2) According to a 2002 General Accounting Office report, 
     Federal agencies have shortages in translators and 
     interpreters and an overall shortfall in the language 
     proficiency levels needed to carry out their missions which 
     has adversely affected agency operations and hindered United 
     States military, law enforcement, intelligence, 
     counterterrorism, and diplomatic efforts.
       (3) Foreign language skills and area expertise are integral 
     to, or directly support, every foreign intelligence 
     discipline and are essential factors in national security 
     readiness, information superiority, and coalition 
     peacekeeping or warfighting missions.
       (4) Communicating in languages other than English and 
     understanding and accepting cultural and societal differences 
     are vital to the success of peacetime and wartime military 
     and intelligence activities.
       (5) Proficiency levels required for foreign language 
     support to national security functions have been raised, and 
     what was once considered proficiency is no longer the case. 
     The ability to comprehend and articulate technical and 
     complex information in foreign languages has become critical.
       (6) According to the Joint Intelligence Committee Inquiry 
     into the 9/11 Terrorist Attacks, the Intelligence Community 
     had insufficient linguists prior to September 11, 2001, to 
     handle the challenge it faced in translating the volumes of 
     foreign language counterterrorism intelligence it collected. 
     Agencies within the Intelligence Community experienced 
     backlogs in material awaiting translation, a shortage of 
     language specialists and language-qualified field officers, 
     and

[[Page S7654]]

     a readiness level of only 30 percent in the most critical 
     terrorism-related languages that are used by terrorists.
       (7) Because of this shortage, the Federal Government has 
     had to enter into private contracts to procure linguist and 
     translator services, including in some positions that would 
     be more appropriately filled by permanent Federal employees 
     or members of the United States Armed Forces.
       (b) Report.--In its fiscal year 2006 budget request, the 
     Secretary of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives and 
     the Select Committee on Intelligence of the Senate and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives, a plan for expanding and improving the 
     national security foreign language workforce of the 
     Department of Defense as appropriate to improve recruitment 
     and retention to meet the requirements of the Department for 
     its foreign language workforce on a short-term basis and on a 
     long-term basis.

     SEC. 1109. PLAN ON IMPLEMENTATION AND UTILIZATION OF FLEXIBLE 
                   PERSONNEL MANAGEMENT AUTHORITIES IN DEPARTMENT 
                   OF DEFENSE LABORATORIES.

       (a) Plan Required.--The Under Secretary of Defense for 
     Acquisition, Technology, and Logistics and the Under 
     Secretary of Defense for Personnel and Readiness shall 
     jointly develop a plan for the effective utilization of the 
     personnel management authorities referred to in subsection 
     (b) in order to increase the mission responsiveness, 
     efficiency, and effectiveness of Department of Defense 
     laboratories.
       (b) Covered Authorities.--The personnel management 
     authorities referred to in this subsection are the personnel 
     management authorities granted to the Secretary of Defense by 
     the provisions of law as follows:
       (1) Section 342(b) of the National Defense Authorization 
     Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 
     2721), as amended by section 1114 of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (as 
     enacted into law by Public Law 106-398 (114 Stat. 1654A-
     315)).
       (2) Section 1101 of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (Public Law 105-261; 5 
     U.S.C. 3104 note).
       (3) Such other provisions of law as the Under Secretaries 
     jointly consider appropriate for purposes of this section.
       (c) Plan Elements.--The plan under subsection (a) shall--
       (1) include such elements as the Under Secretaries jointly 
     consider appropriate to provide for the effective utilization 
     of the personnel management authorities referred to in 
     subsection (b) as described in subsection (a), including the 
     recommendations of the Under Secretaries for such additional 
     authorities, including authorities for demonstration programs 
     or projects, as are necessary to achieve the effective 
     utilization of such personnel management authorities; and
       (2) include procedures, including a schedule for review and 
     decisions, on proposals to modify current demonstration 
     programs or projects, or to initiate new demonstration 
     programs or projects, on flexible personnel management at 
     Department laboratories
       (d) Submittal to Congress.--The Under Secretaries shall 
     jointly submit to Congress the plan under subsection (a) not 
     later than February 1, 2006.

     SEC. 1110. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS 
                   PERFORMING ACTIVE SERVICE IN THE UNIFORMED 
                   SERVICES OR NATIONAL GUARD.

       (a) Short Title.--This section may be cited as the 
     ``Reservists Pay Security Act of 2004''.
       (b) In General.--Subchapter IV of chapter 55 of title 5, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 5538. Nonreduction in pay while serving in the 
       uniformed services or National Guard

       ``(a) An employee who is absent from a position of 
     employment with the Federal Government in order to perform 
     active duty in the uniformed services pursuant to a call or 
     order to active duty under a provision of law referred to in 
     section 101(a)(13)(B) of title 10 shall be entitled, while 
     serving on active duty, to receive, for each pay period 
     described in subsection (b), an amount equal to the amount by 
     which--
       ``(1) the amount of basic pay which would otherwise have 
     been payable to such employee for such pay period if such 
     employee's civilian employment with the Government had not 
     been interrupted by that service, exceeds (if at all)
       ``(2) the amount of pay and allowances which (as determined 
     under subsection (d))--
       ``(A) is payable to such employee for that service; and
       ``(B) is allocable to such pay period.
       ``(b)(1) Amounts under this section shall be payable with 
     respect to each pay period (which would otherwise apply if 
     the employee's civilian employment had not been 
     interrupted)--
       ``(A) during which such employee is entitled to 
     reemployment rights under chapter 43 of title 38 with respect 
     to the position from which such employee is absent (as 
     referred to in subsection (a)); and
       ``(B) for which such employee does not otherwise receive 
     basic pay (including by taking any annual, military, or other 
     paid leave) to which such employee is entitled by virtue of 
     such employee's civilian employment with the Government.
       ``(2) For purposes of this section, the period during which 
     an employee is entitled to reemployment rights under chapter 
     43 of title 38--
       ``(A) shall be determined disregarding the provisions of 
     section 4312(d) of title 38; and
       ``(B) shall include any period of time specified in section 
     4312(e) of title 38 within which an employee may report or 
     apply for employment or reemployment following completion of 
     service on active duty to which called or ordered as 
     described in subsection (a).
       ``(c) Any amount payable under this section to an employee 
     shall be paid--
       ``(1) by such employee's employing agency;
       ``(2) from the appropriation or fund which would be used to 
     pay the employee if such employee were in a pay status; and
       ``(3) to the extent practicable, at the same time and in 
     the same manner as would basic pay if such employee's 
     civilian employment had not been interrupted.
       ``(d) The Office of Personnel Management shall, in 
     consultation with Secretary of Defense, prescribe any 
     regulations necessary to carry out the preceding provisions 
     of this section.
       ``(e)(1) The head of each agency referred to in section 
     2302(a)(2)(C)(ii) shall, in consultation with the Office, 
     prescribe procedures to ensure that the rights under this 
     section apply to the employees of such agency.
       ``(2) The Administrator of the Federal Aviation 
     Administration shall, in consultation with the Office, 
     prescribe procedures to ensure that the rights under this 
     section apply to the employees of that agency.
       ``(f) For purposes of this section--
       ``(1) the terms `employee', `Federal Government', and 
     `uniformed services' have the same respective meanings as 
     given them in section 4303 of title 38;
       ``(2) the term `employing agency', as used with respect to 
     an employee entitled to any payments under this section, 
     means the agency or other entity of the Government (including 
     an agency referred to in section 2302(a)(2)(C)(ii)) with 
     respect to which such employee has reemployment rights under 
     chapter 43 of title 38; and
       ``(3) the term `basic pay' includes any amount payable 
     under section 5304.''.
       (c) Clerical Amendment.--The table of sections for chapter 
     55 of title 5, United States Code, is amended by inserting 
     after the item relating to section 5537 the following:

``5538. Nonreduction in pay while serving in the uniformed services or 
              National Guard.''.

       (d) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply with respect to pay periods (as described in section 
     5538(b) of title 5, United States Code, as amended by this 
     section) beginning on or after the date of enactment of this 
     Act.
       (2) Conditional retroactive application.--
       (A) In general.--The amendments made by this section shall 
     apply with respect to pay periods (as described in section 
     5538(b) of title 5, United States Code, as amended by this 
     section) beginning on or after October 11, 2002 through the 
     date of enactment of this Act, subject to the availability of 
     appropriations.
       (B) Authorization of appropriations.--There are authorized 
     to be appropriated $100,000,000 for purposes of subparagraph 
     (A).

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

     SEC. 1201. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 
                   PROGRAMS AND FUNDS.

       (a) Specification of CTR Programs.--For purposes of section 
     301 and other provisions of this Act, Cooperative Threat 
     Reduction programs are the programs specified in section 
     1501(b) of the National Defense Authorization Act for Fiscal 
     Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 
     note).
       (b) Fiscal Year 2005 Cooperative Threat Reduction Funds 
     Defined.--As used in this title, the term ``fiscal year 2005 
     Cooperative Threat Reduction funds'' means the funds 
     appropriated pursuant to the authorization of appropriations 
     in section 301 for Cooperative Threat Reduction programs.
       (c) Availability of Funds.--Funds appropriated pursuant to 
     the authorization of appropriations in section 301 for 
     Cooperative Threat Reduction programs shall be available for 
     obligation for three fiscal years.

     SEC. 1202. FUNDING ALLOCATIONS.

       (a) Funding for Specific Purposes.--Of the $409,200,000 
     authorized to be appropriated to the Department of Defense 
     for fiscal year 2005 in section 301(19) for Cooperative 
     Threat Reduction programs, the following amounts may be 
     obligated for the purposes specified:
       (1) For strategic offensive arms elimination in Russia, 
     $58,522,000.
       (2) For nuclear weapons storage security in Russia, 
     $48,672,000.
       (3) For nuclear weapons transportation security in Russia, 
     $26,300,000.
       (4) For weapons of mass destruction proliferation 
     prevention in the states of the former Soviet Union, 
     $40,030,000.
       (5) For chemical weapons destruction in Russia, 
     $158,400,000.
       (6) For biological weapons proliferation prevention in the 
     former Soviet Union, $54,959,000.

[[Page S7655]]

       (7) For defense and military contacts, $8,000,000.
       (8) For activities designated as Other Assessments/
     Administrative Support, $14,317,000.
       (b) Report on Obligation or Expenditure of Funds for Other 
     Purposes.--No fiscal year 2005 Cooperative Threat Reduction 
     funds may be obligated or expended for a purpose other than a 
     purpose listed in paragraphs (1) through (8) of subsection 
     (a) until 30 days after the date that the Secretary of 
     Defense submits to Congress a report on the purpose for which 
     the funds will be obligated or expended and the amount of 
     funds to be obligated or expended. Nothing in the preceding 
     sentence shall be construed as authorizing the obligation or 
     expenditure of fiscal year 2005 Cooperative Threat Reduction 
     funds for a purpose for which the obligation or expenditure 
     of such funds is specifically prohibited under this title or 
     any other provision of law.
       (c) Limited Authority To Vary Individual Amounts.--(1) 
     Subject to paragraphs (2) and (3), in any case in which the 
     Secretary of Defense determines that it is necessary to do so 
     in the national interest, the Secretary may obligate amounts 
     appropriated for fiscal year 2005 for a purpose listed in any 
     of the paragraphs in subsection (a) in excess of the specific 
     amount authorized for that purpose.
       (2) An obligation of funds for a purpose stated in any of 
     the paragraphs in subsection (a) in excess of the specific 
     amount authorized for such purpose may be made using the 
     authority provided in paragraph (1) only after--
       (A) the Secretary submits to Congress notification of the 
     intent to do so together with a complete discussion of the 
     justification for doing so; and
       (B) 15 days have elapsed following the date of the 
     notification.
       (3) The Secretary may not, under the authority provided in 
     paragraph (1), obligate amounts for a purpose stated in any 
     of paragraphs (5) through (8) of subsection (a) in excess of 
     125 percent of the specific amount authorized for such 
     purpose.

     SEC. 1203. MODIFICATION AND WAIVER OF LIMITATION ON USE OF 
                   FUNDS FOR CHEMICAL WEAPONS DESTRUCTION 
                   FACILITIES IN RUSSIA.

       (a) Modification of Limitation.--Section 1305 of the 
     National Defense Authorization Act for Fiscal Year 2000 (22 
     U.S.C. 5952 note) is amended by striking ``or expended''.
       (b) Waiver Authority.--The conditions described in section 
     1305 of the National Defense Authorization Act for Fiscal 
     Year 2000, as amended by subsection (a), shall not apply to 
     the obligation of funds during a fiscal year for the 
     planning, design, or construction of a chemical weapons 
     destruction facility in Russia if the President submits to 
     Congress a written certification with respect to such fiscal 
     year that includes--
       (1) a statement as to why the waiver of the conditions 
     during the fiscal year covered by such certification is 
     consistent with the national security interests of the United 
     States; and
       (2) a plan to promote a full and accurate disclosure by 
     Russia regarding the size, content, status, and location of 
     its chemical weapons stockpile.

     SEC. 1204. INCLUSION OF DESCRIPTIVE SUMMARIES IN ANNUAL 
                   COOPERATIVE THREAT REDUCTION REPORTS AND BUDGET 
                   JUSTIFICATION MATERIALS.

       Section 1307 of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (Public Law 105-261; 
     112 Stat. 2165; 22 U.S.C. 5952 note) is amended--
       (1) in subsection (a), by striking ``as part of the 
     Secretary's annual budget request to Congress'' in the matter 
     preceding paragraph (1) and inserting ``in the materials and 
     manner specified in subsection (c)''; and
       (2) by adding at the end the following new subsection:
       ``(c) Inclusion in Certain Materials Submitted to 
     Congress.--The summary required to be submitted to Congress 
     in a fiscal year under subsection (a) shall be set forth by 
     project category, and by amounts specified in paragraphs (1) 
     and (2) of that subsection in connection with such project 
     category, in each of the following:
       ``(1) The annual report on activities and assistance under 
     Cooperative Threat Reduction programs required in such fiscal 
     year under section 1308 of the Floyd D. Spence National 
     Defense Authorization Act for Fiscal Year 2001 (as enacted 
     into law by Public Law 106-398).
       ``(2) The budget justification materials submitted to 
     Congress in support of the Department of Defense budget for 
     the fiscal year succeeding such fiscal year (as submitted 
     with the budget of the President under section 1105(a) of 
     title 31, United States Code).''.

     TITLE XIII--MEDICAL READINESS TRACKING AND HEALTH SURVEILLANCE

     SEC. 1301. ANNUAL MEDICAL READINESS PLAN AND JOINT MEDICAL 
                   READINESS OVERSIGHT COMMITTEE.

       (a) Requirement for Plan.--The Secretary of Defense shall 
     develop a comprehensive plan to improve medical readiness, 
     and Department of Defense tracking of the health status, of 
     members of the Armed Forces throughout their service in the 
     Armed Forces, and to strengthen medical readiness and 
     tracking before, during, and after deployment of the 
     personnel overseas. The matters covered by the comprehensive 
     plan shall include all elements that are described in this 
     title and the amendments made by this title and shall comply 
     with requirements in law.
       (b) Joint Medical Readiness Oversight Committee.--
       (1) Establishment.--The Secretary of Defense shall 
     establish a Joint Medical Readiness Oversight Committee.
       (2) Composition.--The members of the Committee are as 
     follows:
       (A) The Under Secretary of Defense for Personnel and 
     Readiness, who shall chair the Committee.
       (B) The Assistant Secretary of Defense for Health Affairs.
       (C) The Assistant Secretary of Defense for Reserve Affairs.
       (D) The Surgeons General of the Armed Forces.
       (E) The Assistant Secretary of the Army for Manpower and 
     Reserve Affairs.
       (F) The Assistant Secretary of the Navy for Manpower and 
     Reserve Affairs.
       (G) The Assistant Secretary of the Air Force for Manpower, 
     Reserve Affairs, Installations, and Environment.
       (H) The Chief of the National Guard Bureau.
       (I) The Chief of Army Reserve.
       (J) The Chief of Naval Reserve.
       (K) The Chief of Air Force Reserve.
       (L) The Commander, Marine Corps Reserve.
       (M) The Director of the Defense Manpower Data Center.
       (N) A representative of the Department of Veterans Affairs 
     designated by the Secretary of Veterans Affairs.
       (O) Representatives of veterans and military health 
     advocacy organizations appointed to the Committee by the 
     Secretary of Defense.
       (P) An individual from civilian life who is recognized as 
     an expert on military health care treatment, including 
     research relating to such treatment.
       (3) Duties.--The duties of the Committee are as follows:
       (A) To advise the Secretary of Defense on the medical 
     readiness and health status of the members of the active and 
     reserve components of the Armed Forces.
       (B) To advise the Secretary of Defense on the compliance of 
     the Armed Forces with the medical readiness tracking and 
     health surveillance policies of the Department of Defense.
       (C) To oversee the development and implementation of the 
     comprehensive plan required by subsection (a) and the actions 
     required by this title and the amendments made by this title, 
     including with respect to matters relating to--
       (i) the health status of the members of the reserve 
     components of the Armed Forces;
       (ii) accountability for medical readiness;
       (iii) medical tracking and health surveillance;
       (iv) declassification of information on environmental 
     hazards;
       (v) postdeployment health care for members of the Armed 
     Forces; and
       (vi) compliance with Department of Defense and other 
     applicable policies on blood serum repositories.
       (D) To ensure unity and integration of efforts across 
     functional and organizational lines within the Department of 
     Defense with regard to medical readiness tracking and health 
     status surveillance of members of the Armed Forces.
       (E) To establish and monitor compliance with the medical 
     readiness standards that are applicable to members and those 
     that are applicable to units.
       (F) To improve continuity of care in coordination with the 
     Secretary of Veterans Affairs, for members of the Armed 
     Forces separating from active service with service-connected 
     medical conditions.
       (G) To prepare and submit to the Secretary of Defense and 
     to the Committees on Armed Services of the Senate and the 
     House of Representatives, not later than February 1 of each 
     year, a report on--
       (i) the health status and medical readiness of the members 
     of the Armed Forces, including the members of reserve 
     components, based on the comprehensive plan required under 
     subsection (a) and the actions required by this title and the 
     amendments made by this title; and
       (ii) compliance with Department of Defense policies on 
     medical readiness tracking and health surveillance.
       (4) First meeting.--The first meeting of the Committee 
     shall be held not later than 90 days after the date of the 
     enactment of this Act.

     SEC. 1302. MEDICAL READINESS OF RESERVES.

       (a) Comptroller General Study of Health of Reserves Ordered 
     to Active Duty for Operations Enduring Freedom and Iraqi 
     Freedom.--
       (1) Requirement for study.--The Comptroller General of the 
     United States shall carry out a study of the health of the 
     members of the reserve components of the Armed Forces who 
     have been called or ordered to active duty for a period of 
     more than 30 days in support of Operation Enduring Freedom 
     and Operation Iraqi Freedom. The Comptroller General shall 
     commence the study not later than 180 days after the date of 
     the enactment of this Act.
       (2) Purposes.--The purposes of the study under this 
     subsection are as follows:
       (A) To review the health status and medical fitness of the 
     activated Reserves when they were called or ordered to active 
     duty.
       (B) To review the effects, if any, on logistics planning 
     and the deployment schedules

[[Page S7656]]

     for the operations referred to in paragraph (1) that resulted 
     from deficiencies in the health or medical fitness of 
     activated Reserves.
       (C) To review compliance of military personnel with 
     Department of Defense policies on medical and physical 
     fitness examinations and assessments that are applicable to 
     the reserve components of the Armed Forces.
       (3) Report.--The Comptroller General shall, not later than 
     one year after the date of the enactment of this Act, submit 
     a report on the results of the study under this subsection to 
     the Committees on Armed Services of the Senate and the House 
     of Representatives. The report shall include the following 
     matters:
       (A) With respect to the matters reviewed under subparagraph 
     (A) of paragraph (2)--
       (i) the percentage of activated Reserves who were 
     determined to be medically unfit for deployment, together 
     with an analysis of the reasons why the member was unfit, 
     including medical illnesses or conditions most commonly found 
     among the activated Reserves that were grounds for 
     determinations of medical unfitness for deployment; and
       (ii) the percentage of the activated Reserves who, before 
     being deployed, needed medical care for health conditions 
     identified when called or ordered to active duty, together 
     with an analysis of the types of care that were provided for 
     such conditions and the reasons why such care was necessary.
       (B) With respect to the matters reviewed under subparagraph 
     (B) of paragraph (2)--
       (i) the delays and other disruptions in deployment 
     schedules that resulted from deficiencies in the health 
     status or medical fitness of activated Reserves; and
       (ii) an analysis of the extent to which it was necessary to 
     merge units or otherwise alter the composition of units, and 
     the extent to which it was necessary to merge or otherwise 
     alter objectives, in order to compensate for limitations on 
     the deployability of activated Reserves resulting from 
     deficiencies in the health status or medical fitness of 
     activated Reserves.
       (C) With respect to the matters reviewed under subparagraph 
     (C) of paragraph (2), an assessment of the extent of the 
     compliance of reserve component personnel with Department of 
     Defense policies on routine medical and physical fitness 
     examinations that are applicable to the reserve components of 
     the Armed Forces.
       (D) An analysis of the extent to which the medical care, if 
     any, provided to activated Reserves in each theater of 
     operations referred to in paragraph (1) related to 
     preexisting conditions that were not adequately addressed 
     before the deployment of such personnel to the theater.
       (4) Definitions.--In this subsection:
       (A) The term ``activated Reserves'' means the members of 
     the Armed Forces referred to in paragraph (1).
       (B) The term ``active duty for a period of more than 30 
     days'' has the meaning given such term in section 101(d) of 
     title 10, United States Code.
       (C) The term ``health condition'' includes a mental health 
     condition and a dental condition.
       (D) The term ``reserve components of the Armed Forces'' 
     means the reserve components listed in section 10101 of title 
     10, United States Code.
       (b) Accountability for Individual and Unit Medical 
     Readiness.--
       (1) Policy.--The Secretary of Defense shall issue a policy 
     to ensure that individual members and commanders of reserve 
     component units fulfill their responsibilities for medical 
     and dental readiness of members of the units on the basis 
     of--
       (A) frequent periodic health assessment of members (not 
     less frequently than once every two years) using the 
     predeployment assessment procedure required under section 
     1074f of title 10, United States Code, as the minimum 
     standard of medical readiness; and
       (B) any other information on the health status of the 
     members that is available to the commanders.
       (2) Review and followup care.--The regulations under this 
     subsection shall provide for review of the health assessments 
     under paragraph (1) by a medical professional and for any 
     followup care and treatment that is needed for medical or 
     dental readiness.
       (3) Modification of predeployment health assessment 
     survey.--In meeting the policy under paragraph (1), the 
     Secretary shall--
       (A) to the extent practicable, modify the predeployment 
     health assessment survey to bring such survey into conformity 
     with the detailed postdeployment health assessment survey in 
     use as of October 1, 2004; and
       (B) ensure the use of the predeployment health assessment 
     survey, as so modified, for predeployment health assessments 
     after that date.
       (c) Uniform Policy on Deferral of Medical Treatment Pending 
     Deployment to Theaters of Operations.--
       (1) Requirement for policy.--The Secretary of Defense shall 
     prescribe, for uniform applicability throughout the Armed 
     Forces, a policy on deferral of medical treatment of members 
     pending deployment.
       (2) Content.--The policy prescribed under paragraph (1) 
     shall specify the following matters:
       (A) The circumstances under which treatment for medical 
     conditions may be deferred to be provided within a theater of 
     operations in order to prevent delay or other disruption of a 
     deployment to that theater.
       (B) The circumstances under which medical conditions are to 
     be treated before deployment to that theater.

     SEC. 1303. BASELINE HEALTH DATA COLLECTION PROGRAM.

       (a) Requirement for Program.--
       (1) In general.--Chapter 55 of title 10, United States 
     Code, is amended by inserting after section 1092 the 
     following new section:

     ``Sec. 1092a. Persons entering the armed forces: baseline 
       health data

       ``(a) Program Required.--The Secretary of Defense shall 
     carry out a program--
       ``(1) to collect baseline health data from all persons 
     entering the armed forces;
       ``(2) to provide for computerized compilation and 
     maintenance of the baseline health data; and
       ``(3) to analyze the data.
       ``(b) Purposes.--The program under this section shall be 
     designed to achieve the following purposes:
       ``(1) To facilitate understanding of how exposures related 
     to service in the armed forces affect health.
       ``(2) To facilitate development of early intervention and 
     prevention programs to protect health and readiness.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1092 the following new item:

``1092a. Persons entering the armed forces: baseline health data.''.

       (3) Time for implementation.--The Secretary of Defense 
     shall implement the program required under section 1092a of 
     title 10, United States Code (as added by paragraph (1)), not 
     later than two years after the date of the enactment of this 
     Act.
       (b) Interim Standards for Blood Sampling.--The Secretary of 
     Defense shall require under the medical tracking system 
     administered under section 1074f of title 10, United States 
     Code, that--
       (1) the blood samples necessary for the predeployment 
     medical examination of a member of the Armed Forces required 
     under subsection (b) of such section be drawn not earlier 
     than 60 days before the date of the deployment; and
       (2) the blood samples necessary for the postdeployment 
     medical examination of a member of the Armed Forces required 
     under such subsection be drawn not later than 30 days after 
     the date on which the deployment ends.

     SEC. 1304. MEDICAL CARE AND TRACKING AND HEALTH SURVEILLANCE 
                   IN THE THEATER OF OPERATIONS.

       (a) Recordkeeping Policy.--The Secretary of Defense shall 
     prescribe a policy that requires the records of all medical 
     care provided to a member of the Armed Forces in a theater of 
     operations to be maintained as part of a complete health 
     record for the member.
       (b) In-Theater Medical Tracking and Health Surveillance.--
       (1) Requirement for evaluation.--The Secretary of Defense 
     shall evaluate the system for the medical tracking and health 
     surveillance of members of the Armed Forces in theaters of 
     operations and take such actions as may be necessary to 
     improve the medical tracking and health surveillance.
       (2) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     a report on the actions taken under paragraph (1) to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives. The report shall include the following 
     matters:
       (A) An analysis of the strengths and weaknesses of the 
     medical tracking system administered under section 1074f of 
     title 10, United States Code.
       (B) An analysis of the efficacy of health surveillance 
     systems as a means of detecting--
       (i) any health problems (including mental health 
     conditions) of members of the Armed Forces contemporaneous 
     with the performance of the assessment under the system; and
       (ii) exposures of the assessed members to environmental 
     hazards that potentially lead to future health problems.
       (C) An analysis of the strengths and weaknesses of such 
     medical tracking and surveillance systems as a means for 
     supporting future research on health issues.
       (D) Recommended changes to such medical tracking and health 
     surveillance systems.
       (E) A summary of scientific literature on blood sampling 
     procedures used for detecting and identifying exposures to 
     environmental hazards.
       (F) An assessment of whether there is a need for changes to 
     regulations and standards for drawing blood samples for 
     effective tracking and health surveillance of the medical 
     conditions of personnel before deployment, upon the end of a 
     deployment, and for a followup period of appropriate length.
       (c) Plan To Obtain Health Care Records From Allies.--The 
     Secretary of Defense shall develop a plan for obtaining all 
     records of medical treatment provided to members of the Armed 
     Forces by allies of the United States in Operation Enduring 
     Freedom and Operation Iraqi Freedom. The plan shall specify 
     the actions that are to be taken to obtain all such records.
       (d) Policy on In-Theater Personnel Locator Data.--Not later 
     than one year after the date of the enactment of this Act, 
     the Secretary of Defense shall prescribe a Department of 
     Defense policy on the collection and dissemination of in-
     theater individual personnel location data.

[[Page S7657]]

     SEC. 1305. DECLASSIFICATION OF INFORMATION ON EXPOSURES TO 
                   ENVIRONMENTAL HAZARDS.

       (a) Requirement for Review.--The Secretary of Defense shall 
     review and, as determined appropriate, revise the 
     classification policies of the Department of Defense with a 
     view to facilitating the declassification of data that is 
     potentially useful for the monitoring and assessment of the 
     health of members of the Armed Forces who have been exposed 
     to environmental hazards during deployments overseas, 
     including the following data:
       (1) In-theater injury rates.
       (2) Data derived from environmental surveillance.
       (3) Health tracking and surveillance data.
       (b) Consultation With Commanders of Theater Combatant 
     Commands.--The Secretary shall, to the extent that the 
     Secretary considers appropriate, consult with the senior 
     commanders of the in-theater forces of the combatant commands 
     in carrying out the review and revising policies under 
     subsection (a).

     SEC. 1306. ENVIRONMENTAL HAZARDS.

       (a) Report on Training of Field Medical Personnel.--
       (1) Requirement for report.--Not later than one year after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall submit to the Committees on Armed Services of 
     the Senate and the House of Representatives a report on the 
     training on environmental hazards that is provided by the 
     Armed Forces to medical personnel of the Armed Forces who are 
     deployable to the field in direct support of combat 
     personnel.
       (2) Content.--The report under paragraph (1) shall include 
     the following:
       (A) An assessment of the adequacy of the training 
     regarding--
       (i) the identification of common environmental hazards and 
     exposures to such hazards; and
       (ii) the prevention and treatment of adverse health effects 
     of such exposures.
       (B) A discussion of the actions taken and to be taken to 
     improve such training.
       (c) Report on Responses to Health Concerns of Members.--
       (1) Requirement for report.--Not later than 180 days after 
     the date of the enactment of this Act, the Assistant 
     Secretary of Defense for Health Affairs shall submit to the 
     Secretary of Defense and the Committees on Armed Services of 
     the Senate and the House of Representatives a report on 
     Department of Defense responses to concerns expressed by 
     members of the Armed Forces during post-deployment health 
     assessments about possibilities that the members were exposed 
     to environmental hazards deleterious to the members' health 
     during a deployment overseas.
       (2) Content.--The report regarding health concerns 
     submitted under paragraph (1) shall include the following:
       (A) A discussion of the actions taken by Department of 
     Defense officials to investigate the circumstances underlying 
     such concerns in order to determine the validity of the 
     concerns.
       (B) A discussion of the actions taken by Department of 
     Defense officials to evaluate or treat members and former 
     members of the Armed Forces who are confirmed to have been 
     exposed to environmental hazards deleterious to their health 
     during deployments of the Armed Forces.

     SEC. 1307. POST-DEPLOYMENT MEDICAL CARE RESPONSIBILITIES OF 
                   INSTALLATION COMMANDERS.

       (a) Requirement for Regulations.--The Secretary of Defense 
     shall prescribe a policy that requires the commander of each 
     military installation at which members of the Armed Forces 
     are to be processed upon redeployment from an overseas 
     deployment--
       (1) to identify and analyze the anticipated health care 
     needs of such members before the arrival of such members at 
     that installation; and
       (2) to report such needs to the Secretary.
       (b) Health Care To Meet Needs.--The policy under this 
     section shall include procedures for the commander of each 
     military installation described in subsection (a) to meet the 
     anticipated health care needs that are identified by the 
     commander in the performance of duties under the regulations, 
     including the following:
       (1) Arrangements for health care provided by the Secretary 
     of Veterans Affairs.
       (2) Procurement of services from local health care 
     providers.
       (3) Temporary employment of health care personnel to 
     provide services at such installation.

     SEC. 1308. FULL IMPLEMENTATION OF MEDICAL READINESS TRACKING 
                   AND HEALTH SURVEILLANCE PROGRAM AND FORCE 
                   HEALTH PROTECTION AND READINESS PROGRAM.

       (a) Implementation at All Levels.--The Secretary of 
     Defense, in conjunction with the Secretaries of the military 
     departments, shall take such actions as are necessary to 
     ensure that the Army, Navy, Air Force, and Marine Corps fully 
     implement at all levels--
       (1) the Medical Readiness Tracking and Health Surveillance 
     Program under this title and the amendments made by this 
     title; and
       (2) the Force Health Protection and Readiness Program of 
     the Department of Defense (relating to the prevention of 
     injury and illness and the reduction of disease and noncombat 
     injury threats).
       (b) Action Official.--The Secretary of Defense may act 
     through the Under Secretary of Defense for Personnel and 
     Readiness in carrying out subsection (a).

     SEC. 1309. OTHER MATTERS.

       (a) Annual Reports.--
       (1) Requirement for reports.--
       (A) Chapter 55 of title 10, United States Code, is amended 
     by inserting after section 1073a the following new section:

     ``Sec. 1073b. Recurring reports

       ``(a) Annual Report on Health Protection Quality.--(1) The 
     Secretary of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives each 
     year a report on the Force Health Protection Quality 
     Assurance Program of the Department of Defense. The report 
     shall include the following matters:
       ``(A) The results of an audit of the extent to which the 
     serum samples required to be obtained from members of the 
     armed forces before and after a deployment are stored in the 
     serum repository of the Department of Defense.
       ``(B) The results of an audit of the extent to which the 
     health assessments required for members of the armed forces 
     before and after a deployment are being maintained in the 
     electronic database of the Defense Medical Surveillance 
     System.
       ``(C) An analysis of the actions taken by the Department of 
     Defense personnel to respond to health concerns expressed by 
     members of the armed forces upon return from a deployment.
       ``(D) An analysis of the actions taken by the Secretary to 
     evaluate or treat members and former members of the armed 
     forces who are confirmed to have been exposed to occupational 
     or environmental hazards deleterious to their health during a 
     deployment.
       ``(2) The Secretary of Defense shall act through the 
     Assistant Secretary of Defense for Health Affairs in carrying 
     out this subsection.
       ``(b) Annual Report on Recording of Health Assessment Data 
     in Military Personnel Records.--The Secretary of Defense 
     shall issue each year a report on the compliance by the 
     military departments with applicable policies on the 
     recording of health assessment data in military personnel 
     records. The report shall include a discussion of the extent 
     to which immunization status and predeployment and 
     postdeployment health care data is being recorded in such 
     records.''.
       (B) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     1073a the following new item:

``1073b. Recurring reports.''.
       (2) Initial report.--The first report under section 
     1073b(a) of title 10, United States Code (as added by 
     paragraph (1)), shall be completed not later than 180 days 
     after the date of the enactment of this Act.
       (b) Internet Accessibility of Health Assessment Information 
     for Members of the Armed Forces.--Not later than one year 
     after the date of the enactment of this Act, the Chief 
     Information Officer of each military department shall ensure 
     that the online portal website of that military department 
     includes the following information relating to health 
     assessments:
       (1) Information on the Department of Defense policies 
     regarding predeployment and postdeployment health 
     assessments, including policies on the following matters:
       (A) Health surveys.
       (B) Physical examinations.
       (C) Collection of blood samples and other tissue samples.
       (2) Procedural information on compliance with such 
     policies, including the following information:
       (A) Information for determining whether a member is in 
     compliance.
       (B) Information on how to comply.
       (3) Health assessment surveys that are either--
       (A) web-based; or
       (B) accessible (with instructions) in     printer-ready 
     form by download.

     SEC. 1310. USE OF CIVILIAN EXPERTS AS CONSULTANTS.

       Nothing in this title or an amendment made by this title 
     shall be construed to limit the authority of the Secretary of 
     Defense to procure the services of experts outside the 
     Federal Government for performing any function to comply with 
     requirements for readiness tracking and health surveillance 
     of members of the Armed Forces that are applicable to the 
     Department of Defense.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

     SEC. 2001. SHORT TITLE.

       This division may be cited as the ``Military Construction 
     Authorization Act for Fiscal Year 2005''.

                            TITLE XXI--ARMY

     SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2104(a)(1), the Secretary of the Army may acquire real 
     property and carry out military construction projects for the 
     installations and locations inside the United States, and in 
     the amounts, set forth in the following table:

[[Page S7658]]



                     Army: Inside the United States
------------------------------------------------------------------------
                                    Installation or
             State                      location             Amount
------------------------------------------------------------------------
Alabama........................  Anniston Army Depot..       $23,690,000
                                 Fort Rucker..........       $16,500,000
Alaska.........................  Fort Richardson......       $24,300,000
                                 Fort Wainwright......       $92,459,000
Arizona........................  Fort Huachuca........       $18,000,000
California.....................  Fort Irwin...........       $38,100,000
                                 Sierra Army Depot....       $13,600,000
Colorado.......................  Fort Carson..........       $63,158,000
Georgia........................  Fort Benning.........       $71,777,000
                                 Fort Gillem..........        $5,800,000
                                 Fort McPherson.......        $4,900,000
                                 Fort Stewart/Hunter         $65,495,000
                                  Army Air Field......
Hawaii.........................  Helemano Military           $75,300,000
                                  Reservation.
                                 Hickam Air Field.....       $11,200,000
                                 Pohakuloa Training          $40,000,000
                                  Area.
                                 Schofield Barracks...      $162,792,000
                                 Wheeler Army Air            $24,000,000
                                  Field.
Kansas.........................  Fort Riley...........       $59,550,000
Kentucky.......................  Fort Campbell........       $92,000,000
                                 Fort Knox............       $75,750,000
Louisiana......................  Fort Polk............       $70,953,000
Maryland.......................  Aberdeen Proving            $13,000,000
                                  Ground.
Missouri.......................  Fort Leonard Wood....       $28,150,000
New Mexico.....................  White Sands Missile         $33,000,000
                                  Range.
New York.......................  Fort Drum............        $7,950,000
                                 Fort Hamilton........        $7,600,000
                                 Military Entrance            $6,200,000
                                  Processing Station,
                                  Buffalo.
                                 United States               $60,000,000
                                  Military Academy,
                                  West Point.
North Carolina.................  Fort Bragg...........      $101,687,000
Oklahoma.......................  Fort Sill............       $14,400,000
Pennsylvania...................  Letterkenny Depot....       $11,400,000
Texas..........................  Fort Bliss...........       $20,100,000
                                 Fort Hood............       $78,088,000
                                 Fort Sam Houston.....       $11,400,000
Virginia.......................  Fort A.P. Hill.......       $14,775,000
                                 Fort Myer............       $49,526,000
Washington.....................  Fort Lewis...........       $57,200,000
                                                       -----------------
                                   Total..............    $1,563,800,000
------------------------------------------------------------------------

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

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

     SEC. 2102. FAMILY HOUSING.

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


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

       (b) Planning and Design.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2104(a)(5)(A), the Secretary of the Army may carry out 
     architectural and engineering services and construction 
     design activities with respect to the construction or 
     improvement of family housing units in an amount not to 
     exceed $29,209,000.

     SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2104(a)(5)(A), the Secretary of 
     the Army may improve existing military family housing units 
     in an amount not to exceed $211,990,000.

[[Page S7659]]

     SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     2004, for military construction, land acquisition, and 
     military family housing functions of the Department of the 
     Army in the total amount of $3,507,891,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2101(a), $1,534,500,000.
       (2) For military construction projects outside the United 
     States authorized by section 2101(b), $115,200,000.
       (3) For unspecified minor military construction projects 
     authorized by section 2805 of title 10, United States Code, 
     $20,000,000.
       (4) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $154,335,000.
       (5) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $636,099,000.
       (B) For support of military family housing (including the 
     functions described in section 2833 of title 10, United 
     States Code), $928,907,000.
       (6) For the construction of phase 3 of a barracks complex 
     renewal, Capron Road, Schofield Barracks, Hawaii, authorized 
     by section 2101(a) of the Military Construction Authorization 
     Act for Fiscal Year 2003 (division B of Public Law 107-314; 
     116 Stat. 2681), $48,000,000.
       (7) For the construction of phase 3 of a maintenance 
     complex at Fort Sill, Oklahoma, authorized by section 2101(a) 
     of the Military Construction Authorization Act for Fiscal 
     Year 2003 (division B of Public Law 107-314; 116 Stat. 2681), 
     as amended by section 2106 of this Act, $13,100,000.
       (8) For the construction of phase 2 of a barracks complex, 
     5th and 16th Street, at Fort Stewart/Hunter Army Air Field, 
     Georgia, authorized by section 2101(a) of the Military 
     Construction Authorization Act for Fiscal Year 2004 (division 
     B of Public Law 108-136; 117 Stat. 1697), as amended by 
     section 2105 of this Act, $32,950,000.
       (9) For the construction of phase 2 of the Lewis and Clark 
     instructional facility, at Fort Leavenworth, Kansas, 
     authorized by section 2101(a) of the Military Construction 
     Authorization Act for Fiscal Year 2004 (division B of Public 
     Law 108-136; 117 Stat. 1697), $44,000,000.
       (10) For the construction of phase 2 of a barracks complex 
     at Wheeler Sack Army Air Field, Fort Drum, New York, 
     authorized by section 2101(a) of the Military Construction 
     Authorization Act for Fiscal Year 2004 (division B of Public 
     Law 108-136; 117 Stat. 1697), as amended by section 2105 of 
     this Act, $48,000,000.
       (11) For the construction of phase 2 of a barracks complex, 
     Bastogne Drive, at Fort Bragg, North Carolina, authorized by 
     section 2101(a) of the Military Construction Authorization 
     Act for Fiscal Year 2004 (division B of Public Law 108-136; 
     117 Stat. 1697), $48,000,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2101 of this Act may not exceed--
       (1) the total amount authorized to be appropriated under 
     paragraphs (1) and (2) of subsection (a);
       (2) $41,000,000 (the balance of the amount authorized under 
     section 2101(a) for an upgrade to Drum Road at the Helemano 
     Military Reservation, Hawaii);
       (3) $25,000,000 (the balance of the amount authorized under 
     section 2101(a) to construct a vehicle maintenance facility 
     at Schofield Barracks, Hawaii);
       (4) $25,000,000 (the balance of the amount authorized under 
     section 2101(a) for construction of a barracks complex, 42nd 
     Street and Indiana Avenue, at Fort Campbell, Kentucky);
       (5) $22,000,000 (the balance of the amount authorized under 
     section 2101(a) for the construction of a basic combat 
     training complex at Fort Knox, Kentucky);
       (6) $31,000,000 (the balance of the amount authorized under 
     section 2101(a) for construction of a barracks complex, 
     Blackjack Street, Fort Bragg, North Carolina); and
       (7) $25,500,000 (the balance of the amount authorized under 
     section 2101(a) for construction of a library and learning 
     center at the United States Military Academy, New York).

     SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2004 PROJECTS.

       The table in section 2101(a) of the Military Construction 
     Authorization Act for Fiscal Year 2004 (division B of Public 
     Law 108-136; 117 Stat. 1697) is amended--
       (1) in the item relating to Fort Stewart, Georgia, by 
     striking ``$113,500,000'' in the amount column and inserting 
     ``$114,450,000'';
       (2) in the item relating to Fort Drum, New York, by 
     striking ``$130,700,000'' in the amount column and inserting 
     ``$135,700,000''; and
       (3) by striking the amount identified as the total in the 
     amount column and inserting ``$1,043,150,000''.

     SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2003 PROJECT.

       The table in section 2101(a) of the Military Construction 
     Authorization Act for Fiscal Year 2003 (division B of Public 
     Law 107-314; 116 Stat. 2681), as amended by section 
     2105(a)(2) of the Military Construction Authorization Act for 
     Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 
     1701), is further amended--
       (1) in the item relating to Fort Sill, Oklahoma, by 
     striking ``$39,652,000'' in the amount column and inserting 
     ``$40,752,000''; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$1,157,267,000''.

                            TITLE XXII--NAVY

     SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2204(a)(1), the Secretary of the Navy may acquire real 
     property and carry out military construction projects for the 
     installations and locations inside the United States, and in 
     the amounts, set forth in the following table:


                     Navy: Inside the United States
------------------------------------------------------------------------
                                     Installation or
             State                      location              Amount
------------------------------------------------------------------------
Arizona........................  Marine Corps Air            $26,670,000
                                  Station, Yuma.
California.....................  Marine Corps Base,          $38,455,000
                                  Camp Pendleton.
                                 Naval Air Facility, El      $54,331,000
                                  Centro.
                                 Recruit Depot, San           $8,110,000
                                  Diego.
Connecticut....................  Naval Submarine Base,       $50,302,000
                                  New London.
District of Columbia...........  Naval Observatory,           $3,239,000
                                  Washington.
Florida........................  Eglin Air Force Base..       $2,060,000
                                 Naval Station, Mayport       $6,200,000
Georgia........................  Strategic Weapons           $16,000,000
                                  Facility Atlantic,
                                  Kings Bay............
Illinois.......................  Naval Training              $74,781,000
                                  Station, Great Lakes.
Maine..........................  Naval Air Station,           $4,690,000
                                  Brunswick............
                                 Portsmouth Naval             $7,860,000
                                  Station..............
Maryland.......................  Naval Surface Warfare       $13,900,000
                                  Center, Indian Head..
Mississippi....................  Naval Construction           $4,350,000
                                  Battalion Center,
                                  Gulfport.............
Nevada.........................  Naval Air Station,           $4,980,000
                                  Fallon...............
North Carolina.................  Marine Corps Air            $35,140,000
                                  Station, New River...
                                 Marine Corps Base,          $13,420,000
                                  Camp Lejeune.........
                                 Washington County.....     $136,900,000
Rhode Island...................  Naval Station Newport.       $9,080,000
South Carolina.................  Naval Weapons Station,      $18,140,000
                                  Charleston.
Virginia.......................  Camp Elmore Marine          $13,500,000
                                  Corps Detachment.
                                 Marine Corps Base,          $46,270,000
                                  Quantico.............
                                 Naval Air Station,           $2,770,000
                                  Oceana...............
                                 Naval Amphibious Base,       $2,850,000
                                  Little Creek.
                                 Naval Station, Norfolk       $4,330,000
                                 Naval Weapons Station,       $9,870,000
                                  Yorktown.............
Washington.....................  Naval Shipyard Puget        $20,305,000
                                  Sound, Bremerton.
                                 Naval Station,              $74,125,000
                                  Bremerton.
                                 Strategic Weapons          $131,090,000
                                  Facility Pacific,
                                  Bangor...............
                                                        ----------------
                                   Total...............     $833,718,000
------------------------------------------------------------------------


[[Page S7660]]

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


                     Navy: Outside the United States
------------------------------------------------------------------------
                                     Installation or
            Country                      location             Amount
------------------------------------------------------------------------
Diego Garcia...................  Naval Support Facility,     $17,500,000
                                  Diego Garcia..........
Guam...........................  Naval Station, Guam....     $33,200,000
Italy..........................  Sigonella..............     $22,550,000
                                                         ---------------
                                   Total................     $73,250,000
------------------------------------------------------------------------

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


                       Navy: Unspecified Worldwide
------------------------------------------------------------------------
                                     Installation or
            Location                     location             Amount
------------------------------------------------------------------------
Worldwide Unspecified..........  Unspecified Worldwide..     $52,658,000
                                                         ---------------
                                   Total................     $52,658,000
------------------------------------------------------------------------

     SEC. 2202. FAMILY HOUSING.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2204(a)(6)(A), the Secretary of the 
     Navy may construct or acquire family housing units (including 
     land acquisition and supporting facilities) at the 
     installations or locations, for the purposes, and in the 
     amounts set forth in the following table:

                                              Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
                  State                     Installation or Location             Purpose               Amount
----------------------------------------------------------------------------------------------------------------
North Carolina..........................  Marine Corps Air Station,    198 Units..................   $27,002,000
                                           Cherry Point..............
                                                                                                   -------------
                                                                         Total....................   $27,002,000
----------------------------------------------------------------------------------------------------------------

     SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2204(a)(6)(A), the Secretary of 
     the Navy may improve existing military family housing units 
     in an amount not to exceed $112,105,000.

     SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     2004, for military construction, land acquisition, and 
     military family housing functions of the Department of the 
     Navy in the total amount of $1,843,716,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2201(a), $694,338,000.
       (2) For military construction projects outside the United 
     States authorized by section 2201(b), $73,250,000.
       (3) For military construction projects at unspecified 
     worldwide locations authorized by section 2201(c), 
     $18,560,000.
       (4) For unspecified minor military construction projects 
     authorized by section 2805 of title 10, United States Code, 
     $12,000,000.
       (5) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $87,067,000.
       (6) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $139,107,000.
       (B) For support of military family housing (including 
     functions described in section 2833 of title 10, United 
     States Code), $704,504,000.
       (7) For the construction of phase 2 of the tertiary sewage 
     treatment plant at Marine Corps Base, Camp Pendleton, 
     California, authorized by section 2201(a) of the Military 
     Construction Authorization Act for Fiscal Year 2004 (division 
     B of Public Law 108-136; 117 Stat. 1703), $25,690,000.
       (8) For the construction of phase 2 of the general purpose 
     berthing pier at Naval Weapons Station, Earle, New Jersey, 
     authorized by section 2201(a) of the Military Construction 
     Authorization Act for Fiscal Year 2004, $49,200,000.
       (9) For the construction of phase 2 of pier 11 replacement 
     at Naval Station, Norfolk, Virginia, authorized by section 
     2201(a) of the Military Construction Authorization Act for 
     Fiscal Year 2004, $40,000,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2201 of this Act may not exceed--
       (1) the total amount authorized to be appropriated under 
     paragraphs (1), (2), and (3) of subsection (a);
       (2) $21,000,000 (the balance of the amount authorized under 
     section 2201(a) for the replacement of an aircraft parking 
     apron and hangar at Naval Air Facility El Centro, 
     California);
       (3) $70,000,000 (the balance of the amount authorized under 
     section 2201(a) to acquire land interests for an outlying 
     landing field in Washington County, North Carolina);
       (4) $95,320,000 (the balance of the amount authorized under 
     section 2201(a) for construction of a limited area production 
     and storage complex at the Strategic Weapons Facility 
     Pacific, Bangor, Washington); and
       (5) $40,000,000 (the balance of the amount authorized under 
     section 2201(a) for the construction of a bachelor enlisted 
     quarters at Naval Station Bremerton, Washington).

     SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2004 PROJECTS.

       The table in section 2201(a) of the Military Construction 
     Authorization Act for Fiscal Year 2004 (division B of Public 
     Law 108-136; 117 Stat. 1703) is amended--
       (1) in the item relating to Various Locations, CONUS, by 
     striking ``$56,360,000'' in the amount column and inserting 
     ``$61,510,000''; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$1,341,022,000''.

                         TITLE XXIII--AIR FORCE

     SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(1), the Secretary of the Air Force may acquire real 
     property and carry out military construction projects for the 
     installations and locations inside the United States, and in 
     the amounts, set forth in the following table:

[[Page S7661]]



                   Air Force: Inside the United States
------------------------------------------------------------------------
                                     Installation or
             State                       location             Amount
------------------------------------------------------------------------
Alaska.........................  Elmendorf Air Force         $54,057,000
                                  Base.
Arizona........................  Davis-Monthan Air Force     $10,029,000
                                  Base.
                                 Luke Air Force Base....     $10,000,000
Arkansas.......................  Little Rock Air Force        $5,031,000
                                  Base.
California.....................  Beale Air Force Base...     $10,186,000
                                 Edwards Air Force Base.      $9,965,000
                                 Travis Air Force Base..     $15,244,000
Colorado.......................  Buckley Air Force Base.     $12,247,000
Delaware.......................  Dover Air Force Base...      $9,500,000
Florida........................  Patrick Air Force Base.      $8,800,000
Georgia........................  Moody Air Force Base...      $9,600,000
                                 Robins Air Force Base..     $15,000,000
Hawaii.........................  Hickam Air Force Base..     $34,400,000
                                 Maui Site..............      $7,500,000
Louisiana......................  Barksdale Air Force         $13,800,000
                                  Base.
Maryland.......................  Andrews Air Force Base.     $17,100,000
Mississippi....................  Columbus Air Force Base      $7,700,000
Montana........................  Malmstrom Air Force          $5,600,000
                                  Base.
Nebraska.......................  Offut Air Force Base...      $6,721,000
New Mexico.....................  Cannon Air Force Base..      $9,500,000
North Carolina.................  Pope Air Force Base....     $15,150,000
North Dakota...................  Minot Air Force Base...      $9,900,000
Ohio...........................  Wright-Patterson Air         $9,200,000
                                  Force Base.
Oklahoma.......................  Altus Air Force Base...     $10,500,000
                                 Tinker Air Force Base..      $8,000,000
South Carolina.................  Shaw Air Force Base....      $3,300,000
South Dakota...................  Ellsworth Air Force         $11,800,000
                                  Base.
Tennessee......................  Arnold Air Force Base..     $22,000,000
Texas..........................  Dyess Air Force Base...     $11,000,000
                                 Lackland Air Force Base      $2,596,000
                                 Sheppard Air Force Base     $50,284,000
Utah...........................  Hill Air Force Base....     $20,813,000
Wyoming........................  F.E. Warren Air Force        $5,500,000
                                  Base.
                                                         ---------------
                                 Total..................    $452,023,000
------------------------------------------------------------------------

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

                  Air Force: Outside the United States
------------------------------------------------------------------------
                                     Installation or
            Country                      location             Amount
------------------------------------------------------------------------
Germany........................  Ramstein Air Base......     $25,404,000
Greenland......................  Thule Air Base.........     $19,800,000
Guam...........................  Andersen Air Base......     $19,593,000
Italy..........................  Aviano Air Base........      $6,760,000
Korea..........................  Kunsan Air Base........     $37,100,000
                                 Osan Air Base..........     $18,600,000
Portugal.......................  Lajes Field, Azores....      $5,689,000
United Kingdom.................  Royal Air Force,             $5,500,000
                                  Lakenheath.
                                                         ---------------
                                   Total................    $138,446,000
------------------------------------------------------------------------

       (c) Unspecified Worldwide.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(3), the Secretary of the Air Force may acquire real 
     property and carry out military construction projects for the 
     installations and locations, and in the amounts, set forth in 
     the following table:

                    Air Force: Unspecified Worldwide
------------------------------------------------------------------------
                                     Installation or
            Location                     location             Amount
------------------------------------------------------------------------
Worldwide Classified...........  Worldwide Unspecified       $28,794,000
                                  Classified.
Worldwide Unspecified..........  Worldwide Unspecified..     $26,121,000
                                                         ---------------
                                   Total................     $54,915,000
------------------------------------------------------------------------

     SEC. 2302. FAMILY HOUSING.

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

                                            Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location            Purpose                 Amount
----------------------------------------------------------------------------------------------------------------
Arizona...............................  Davis-Monthan Air Force     250 Units................        $48,500,000
                                         Base.....................
California............................  Edwards Air Force Base....  218 Units................        $41,202,000
                                        Vandenberg Air Force Base.  120 Units................        $30,906,000
Florida...............................  MacDill Air Force Base....  61 Units.................        $21,723,000
                                        MacDill Air Force Base....  Housing Maintenance               $1,250,000
                                                                     Facility.

[[Page S7662]]

 
Idaho.................................  Mountain Home Air Force     147 Units................        $39,333,000
                                         Base.....................
Mississippi...........................  Columbus Air Force Base...  Family Housing Management           $711,000
                                                                     Facility................
Missouri..............................  Whiteman Air Force Base...  160 Units................        $37,087,000
Montana...............................  Malmstrom Air Force Base..  115 Units................        $29,910,000
North Carolina........................  Seymour Johnson Air Force   167 Units................        $32,693,000
                                         Base.....................
North Dakota..........................  Grand Forks Air Force Base  90 Units.................        $26,169,000
                                        Minot Air Force Base......  142 Units................        $37,087,000
South Carolina........................  Charleston Air Force Base.  Fire Station.............         $1,976,000
South Dakota..........................  Ellsworth Air Force Base..  75 Units.................        $21,482,000
Texas.................................  Dyess Air Force Base......  127 Units................        $28,664,000
                                        Goodfellow Air Force Base.  127 Units................        $20,604,000
Germany...............................  Ramstein Air Base.........  144 Units................        $57,691,000
Italy.................................  Aviano Air Base...........  Family Housing Office....         $2,542,000
Korea.................................  Osan Air Base.............  117 Units................        $46,834,000
United Kingdom........................  Royal Air Force,            154 Units................        $43,976,000
                                         Lakenheath.
                                                                                              ------------------
                                                                      Total..................       $570,340,000
----------------------------------------------------------------------------------------------------------------

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

     SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

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

     SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

       (a) Authorization of Appropriation.--Funds are hereby 
     authorized to be appropriated for fiscal years beginning 
     after September 30, 2004, for military construction, land 
     acquisition, and military family housing functions of the 
     Department of the Air Force in the total amount of 
     $2,485,542,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2301(a), $452,023,000.
       (2) For military construction projects outside the United 
     States authorized by section 2301(b), $138,446,000.
       (3) For military construction projects at unspecified 
     worldwide locations authorized by section 2301(c), 
     $54,915,000.
       (4) For unspecified minor construction projects authorized 
     by section 2805 of title 10, United States Code, $13,000,000.
       (5) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $124,085,000.
       (6) For military housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $846,959,000.
       (B) For support of military family housing (including 
     functions described in section 2833 of title 10, United 
     States Code), $856,114,000.
       (b) Offset for Certain Military Construction Project.--The 
     amount authorized to be appropriated by section 421 for 
     military personnel is hereby reduced by $5,500,000, with the 
     amount of the reduction to be derived from excess amounts 
     authorized for military personnel of the Air Force.

                      TITLE XXIV--DEFENSE AGENCIES

     SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2404(a)(1), the Secretary of Defense may acquire real 
     property and carry out military construction projects for the 
     installations and locations inside the United States, and in 
     the amounts, set forth in the following table:

               Defense Agencies: Inside the United States
------------------------------------------------------------------------
                                     Installation or
             Agency                      location             Amount
------------------------------------------------------------------------
Defense Intelligence Agency....  Bolling Air Force Base,      $6,000,000
                                  District of Columbia..
Defense Logistics Agency.......  Defense Distribution        $22,300,000
                                  Depot, New Cumberland,
                                  Pennsylvania..........
                                 Defense Distribution        $10,100,000
                                  Depot, Richmond,
                                  Virginia..............
                                 Defense Fuel Support         $3,589,000
                                  Point, Naval Air
                                  Station Oceana,
                                  Virginia..............
                                 Marine Corps Air            $22,700,000
                                  Station, Cherry Point,
                                  North Carolina........
                                 Naval Air Station,           $3,900,000
                                  Kingsville, Texas.....
                                 Naval Station, Pearl         $3,500,000
                                  Harbor, Hawaii........
                                 Tinker Air Force Base,       $5,400,000
                                  Oklahoma..............
                                 Travis Air Force Base,      $15,100,000
                                  California............
Missile Defense Agency.........  Huntsville, Alabama....     $19,560,000
National Security Agency.......  Fort Meade, Maryland...     $15,007,000
Special Operations Command.....  Corona, California.....     $13,600,000
                                 Fleet Combat Training        $5,700,000
                                  Center, Dam Neck,
                                  Virginia..............
                                 Fort A.P. Hill,              $1,500,000
                                  Virginia..............
                                 Fort Bragg, North           $42,888,000
                                  Carolina..............
                                 Fort Campbell, Kentucky      $3,500,000
                                 Fort Stewart/Hunter         $17,600,000
                                  Army Air Field,
                                  Georgia...............
                                 Naval Air Station,           $1,000,000
                                  North Island,
                                  California............
                                 Naval Amphibious Base,      $33,200,000
                                  Little Creek, Virginia
                                 Stennis Center,              $6,000,000
                                  Mississippi...........
Tri-Care Management Activity...  Buckley Air Force Base,      $2,100,000
                                  Colorado..............
                                 Fort Belvoir, Virginia.    $100,000,000
                                 Fort Benning, Georgia..      $7,100,000
                                 Jacksonville, Florida..     $28,438,000
                                 Langley Air Force Base,     $50,800,000
                                  Virginia..............
                                 Marine Corps Recruit        $25,000,000
                                  Depot, Parris Island,
                                  South Carolina........
                                                         ---------------
                                   Total................    $465,582,000
------------------------------------------------------------------------


[[Page S7663]]

       (b) Outside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2404(a)(2), the Secretary of Defense may acquire real 
     property and carry out military construction projects for the 
     installations and locations outside the United States, and in 
     the amounts, set forth in the following table:

               Defense Agencies: Outside the United States
------------------------------------------------------------------------
                                     Installation or
             Agency                      location             Amount
------------------------------------------------------------------------
Defense Education Agency.......  Grafenwoehr, Germany...     $36,247,000
                                 Vilseck, Germany.......      $9,011,000
                                 Naval Station, Guam....     $26,964,000
Defense Logistics Agency.......  Defense Fuel Support        $19,113,000
                                  Point, Lajes Field,
                                  Portugal..............
Special Operations Command.....  Naval Station, Guam,         $2,200,000
                                  Marianas Islands......
Tri-Care Management Activity...  Diego Garcia...........      $3,800,000
                                 Grafenwoehr, Germany...     $13,000,000
                                                         ---------------
                                   Total................    $110,335,000
------------------------------------------------------------------------

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

                 Defense Agencies: Unspecified Worldwide
------------------------------------------------------------------------
                                     Installation or
            Location                     location             Amount
------------------------------------------------------------------------
Worldwide Classified...........  Worldwide Unspecified        $7,400,000
                                  Classified............
Worldwide Unspecified..........  Worldwide Unspecified..      $2,900,000
                                                         ---------------
                                   Total................     $10,300,000
------------------------------------------------------------------------

     SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2404(a)(9)(A), the Secretary of 
     Defense may improve existing military family housing units in 
     an amount not to exceed $49,000.

     SEC. 2403. ENERGY CONSERVATION PROJECTS.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2404(a)(7), the Secretary of 
     Defense may carry out energy conservation projects under 
     section 2865 of title 10, United States Code, in the amount 
     of $60,000,000.

     SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     2004, for military construction, land acquisition, and 
     military family housing functions of the Department of 
     Defense (other than the military departments) in the total 
     amount of $1,062,463,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2401(a), $408,582,000.
       (2) For military construction projects outside the United 
     States authorized by section 2401(b), $110,335,000.
       (3) For the military construction projects at unspecified 
     worldwide locations authorized by section 2401(c), 
     $10,300,000.
       (4) For unspecified minor military construction projects 
     under section 2805 of title 10, United States Code, 
     $20,938,000.
       (5) For contingency construction projects of the Secretary 
     of Defense under section 2804 of title 10, United States 
     Code, $10,000,000.
       (6) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $62,182,000.
       (7) For energy conservation projects authorized by section 
     2404, $60,000,000.
       (8) For base closure and realignment activities as 
     authorized by the Defense Base Closure and Realignment Act of 
     1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
     2687 note), $246,116,000.
       (9) For military family housing functions:
       (A) For improvement of military family housing and 
     facilities, $49,000.
       (B) For support of military family housing (including 
     functions described in section 2833 of title 10, United 
     States Code), $49,575,000.
       (C) For credit to the Department of Defense Family Housing 
     Improvement Fund established by section 2883(a)(1) of title 
     10, United States Code, $2,500,000.
       (10) For the construction of phase 6 of a munitions 
     demilitarization facility at Pueblo Chemical Activity, 
     Colorado, authorized by section 2401(a) of the Military 
     Construction Authorization Act for Fiscal Year 1997 (division 
     B of Public Law 104-201; 110 Stat. 2775), as amended by 
     section 2406 of the Military Construction Authorization Act 
     for Fiscal Year 2000 (division B of Public Law 106-65; 113 
     Stat. 839) and section 2407 of the Military Construction 
     Authorization Act for Fiscal Year 2003 (division B of Public 
     Law 107-314; 116 Stat. 2698), $44,792,000.
       (11) For the construction of phase 5 of a munitions 
     demilitarization facility at Blue Grass Army Depot, Kentucky, 
     authorized by section 2401(a) of the Military Construction 
     Authorization Act for Fiscal Year 2000 (division B of Public 
     Law 106-65; 113 Stat. 835), as amended by section 2405 of the 
     Military Construction Authorization Act of 2002 (division B 
     of Public Law 107-107; 115 Stat. 1298) and section 2405 of 
     the Military Construction Authorization Act for Fiscal Year 
     2003 (division B of Public Law 107-314; 116 Stat. 2698), 
     $37,094,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2401 of this Act may not exceed--
       (1) the total amount authorized to be appropriated under 
     paragraphs (1), (2), and (3) of subsection (a); and
       (2) $57,000,000 (the balance of the amount authorized under 
     section 2401(a) for the replacement of a hospital at Fort 
     Belvoir, Virginia).

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

     SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

       The Secretary of Defense may make contributions for the 
     North Atlantic Treaty Organization Security Investment 
     program as provided in section 2806 of title 10, United 
     States Code, in an amount not to exceed the sum of the amount 
     authorized to be appropriated for this purpose in section 
     2502 and the amount collected from the North Atlantic Treaty 
     Organization as a result of construction previously financed 
     by the United States.

     SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2004, for contributions 
     by the Secretary of Defense under section 2806 of title 10, 
     United States Code, for the share of the United States of the 
     cost of projects for the North Atlantic Treaty Organization 
     Security Investment program authorized by section 2501, in 
     the amount of $165,800,000.

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

     SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS.

       There are authorized to be appropriated for fiscal years 
     beginning after September 30, 2004, for the costs of 
     acquisition, architectural and engineering services, and 
     construction of facilities for the Guard and Reserve Forces, 
     and for contributions therefor, under chapter 1803 of title 
     10, United States Code (including the cost of acquisition of 
     land for those facilities), the following amounts:
       (1) For the Department of the Army--
       (A) for the Army National Guard of the United States, 
     $361,072,000; and
       (B) for the Army Reserve, $63,047,000.
       (2) For the Department of the Navy, for the Naval and 
     Marine Corps Reserve, $25,285,000.
       (3) For the Department of the Air Force--
       (A) for the Air National Guard of the United States, 
     $214,418,000; and
       (B) for the Air Force Reserve, $99,206,000.

        TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

     SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED 
                   TO BE SPECIFIED BY LAW.

       (a) Expiration of Authorizations After Three Years.--Except 
     as provided in subsection (b), all authorizations contained 
     in titles XXI through XXVI for military construction 
     projects, land acquisition, family

[[Page S7664]]

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

     SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
                   2002 PROJECTS.

       (a) Extension of Certain Projects.--Notwithstanding section 
     2701 of the National Defense Authorization Act for Fiscal 
     Year 2001 (division B of Public Law 107-107; 115 Stat. 1301), 
     authorizations set forth in the tables in subsection (b), as 
     provided in section 2101 or 2302 of that Act, shall remain in 
     effect until October 1, 2005, or the date of the enactment of 
     an Act authorizing funds for military construction for fiscal 
     year 2006, whichever is later.
       (b) Tables.--The tables referred to in subsection (a) are 
     as follows:

                                 Army: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................  Fort Wainwright..........  Power Plant Cooling Tower....     $23,000,000
Hawaii................................  Pohakuloa Training Area..  Parker Ranch Land Acquisition      $1,500,000
----------------------------------------------------------------------------------------------------------------



                               Air Force: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Colorado..............................  Buckley Air Force Base...  Construct Family Housing (55      $11,400,000
                                                                    Units)......................
Louisiana.............................  Barksdale Air Force Base.  Replace Family Housing (56         $7,300,000
                                                                    Units)......................
----------------------------------------------------------------------------------------------------------------

     SEC. 2703. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
                   2001 PROJECT.

       (a) Extension.--Notwithstanding section 2701 of the 
     Military Construction Authorization Act for Fiscal Year 2001 
     (division B of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-407)), authorizations 
     set forth in the table in subsection (b), as provided in 
     section 2102 of that Act and extended by section 2702 of the 
     Military Construction Authorization Act for Fiscal Year 2004 
     (division B of Public Law 108-136; 117 Stat. 1716), shall 
     remain in effect until October 1, 2005, or the date of the 
     enactment of an Act authorizing funds for military 
     construction for fiscal year 2006, whichever is later.
       (b) Table.--The table referred to in subsection (a) is as 
     follows:

                                  Army: Extension of 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
South Carolina........................  Fort Jackson.............  New Construction-Family              $250,000
                                                                    Housing (1 Unit)............
----------------------------------------------------------------------------------------------------------------

     SEC. 2704. EFFECTIVE DATE.

       Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this Act 
     shall take effect on the later of--
       (1) October 1, 2004; or
       (2) the date of the enactment of this Act.

                    TITLE XXVIII--GENERAL PROVISIONS

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

     SEC. 2801. INCREASE IN THRESHOLDS FOR UNSPECIFIED MINOR 
                   MILITARY CONSTRUCTION PROJECTS.

       (a) Increase.--Section 2805(a)(1) of title 10, United 
     States Code, is amended--
       (1) by striking ``$1,500,000'' and inserting 
     ``$2,500,000''; and
       (2) by striking ``$3,000,000'' and inserting 
     ``$4,000,000''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 2004.

     SEC. 2802. MODIFICATION OF APPROVAL AND NOTICE REQUIREMENTS 
                   FOR FACILITY REPAIR PROJECTS.

       (a) Increase in Threshold for Approval Requirement.--
     Subsection (b) of section 2811 of title 10, United States 
     Code, is amended by striking ``$5,000,000'' and inserting 
     ``$7,500,000''.
       (b) Information Required in Cost Estimate for Multi-Year 
     Projects.--Subsection (d)(1) of such section is amended by 
     inserting before the semicolon the following: ``, including, 
     in the case of a multi-year repair project to a single 
     facility, the total cost of all phases of such project''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2004.

     SEC. 2803. ADDITIONAL REPORTING REQUIREMENTS RELATING TO 
                   ALTERNATIVE AUTHORITY FOR ACQUISITION AND 
                   IMPROVEMENT OF MILITARY HOUSING.

       (a) Project Reports.--Paragraph (2) of subsection (a) of 
     section 2884 of title 10, United States Code, is amended to 
     read as follows:
       ``(2) The report on a proposed contract, conveyance, or 
     lease under paragraph (1) shall include the following:
       ``(A) A description of the contract, conveyance, or lease, 
     including a summary of the terms of the contract, conveyance, 
     or lease.
       ``(B) A description of the authorities to be utilized in 
     entering into the contract, conveyance, or lease and the 
     intended method of participation of the United States in the 
     contract, conveyance, or lease (including a justification of 
     the intended method of participation).
       ``(C) A statement of the scored cost of the contract, 
     conveyance, or lease (as determined by the Office of 
     Management and Budget).
       ``(D) A statement of the United States funds required for 
     the contract, conveyance, or lease and a description of the 
     source of such funds.
       ``(E) An economic assessment of the life cycle costs of the 
     contract, conveyance, or lease, including an estimate of the 
     amount of United States funds that would be paid over the 
     life of the contract, conveyance, or lease from amounts 
     derived from payments of government allowances (including 
     basic allowance for housing under section 403 of title 37)

[[Page S7665]]

     if the housing affected by the project were fully occupied by 
     military personnel over the life of the contract, conveyance, 
     or lease.''.
       (b) Annual Reports.--Subsection (b) of such section is 
     amended--
       (1) by redesignating paragraph (5) as paragraph (6); and
       (2) by inserting after paragraph (4) the following new 
     paragraph (5):
       ``(5) A report setting forth--
       ``(A) an estimate of the amounts of basic allowance for 
     housing under section 403 of title 37 that will be paid 
     during the fiscal year in which the budget is submitted to 
     members of the armed forces living in housing provided under 
     the authorities in this subchapter during such fiscal year, 
     set forth by armed force; and
       ``(B) an estimate of the amounts of basic allowance for 
     housing that will be paid during the fiscal year for which 
     the budget is submitted to members of the armed forces living 
     in such housing during such fiscal year, set forth by armed 
     force.''.

     SEC. 2804. MODIFICATION OF AUTHORITIES UNDER ALTERNATIVE 
                   AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF 
                   MILITARY HOUSING.

       (a) Requirements for Contracts for Leasing of Housing.--
     Section 2874 of title 10, United States Code, is amended by 
     striking subsection (b) and inserting the following new 
     subsection (b):
       ``(b) Contract Terms.--Any contract for the lease of 
     housing units under subsection (a) shall include the 
     following provisions:
       ``(1) That the obligation of the United States to make 
     payments under such contract in any fiscal year shall be 
     subject to appropriations being available for such fiscal 
     year and specifically for the project covered by such 
     contract.
       ``(2) A commitment to obligate the necessary amount for a 
     fiscal year covered by such contract when and to the extent 
     that funds are appropriated for the project covered by such 
     contract.
       ``(3) That the commitment described in paragraph (2) does 
     not constitute an obligation of the United States.''.
       (b) Investments Subject to Availability of 
     Appropriations.--Section 2875(a) of such title is amended by 
     inserting ``, subject to the availability of appropriations 
     for such purpose,'' after ``may''.
       (c) Repeal of Certain Authorities.--
       (1) Rental guarantees.--Section 2876 of such title is 
     repealed.
       (2) Differential lease payments.--Section 2877 of such 
     title is repealed.
       (3) Assignment of members of the armed forces to housing 
     units.--Section 2882 of such title is repealed.
       (d) Increase in Amount of Budget Authority for Military 
     Family Housing.--Section 2883(g)(1) of such title is amended 
     by striking ``$850,000,000'' and inserting ``$850,000,001''.
       (e) Clerical Amendments.--The table of sections at the 
     beginning of subchapter IV of chapter 169 of such title is 
     amended by striking the items relating to sections 2876, 
     2877, and 2882.

        Subtitle B--Real Property and Facilities Administration

     SEC. 2811. RECODIFICATION AND CONSOLIDATION OF CERTAIN 
                   AUTHORITIES AND LIMITATIONS RELATING TO REAL 
                   PROPERTY ADMINISTRATION.

       (a) Certain Provisions on Land Acquisition.--
       (1) Recodification.--Section 2661 of title 10, United 
     States Code, is amended by adding at the end the following 
     new subsections:
       ``(c) Commissions on Land Purchase Contracts.--The maximum 
     amount payable as a commission on a contract for the purchase 
     of land from funds appropriated for the Department of Defense 
     is 2 percent of the purchase price.
       ``(d) Availability of Funds for Acquisition of Certain 
     Interests in Lands.--Appropriations available to the 
     Department of Defense for operation and maintenance or 
     construction may be used for the following:
       ``(1) The acquisition of land or interests in land under 
     section 2672 of this title.
       ``(2) The acquisition of interests in land under section 
     2675 of this title.''.
       (2) Stylistic amendments.--Such section is further 
     amended--
       (A) in subsection (a), by inserting ``Availability of Funds 
     for Repair of Facilities and for Installation of Equipment.--
     '' after ``(a)''; and
       (B) in subsection (b), by inserting ``Leases; Defense 
     Access Roads.--'' after ``(b)''.
       (b) Certain Provisions on Use of Facilities.--Section 2679 
     of such title is amended to read as follows:

     ``Sec. 2679. Use of facilities: use by private organizations; 
       use as polling places

       ``(a) Use of Space and Equipment by Veterans Service 
     Organizations.--(1) Upon certification to the Secretary 
     concerned by the Secretary of Veterans Affairs, the Secretary 
     concerned shall allow accredited, paid, full-time 
     representatives of the organizations named in section 5902 of 
     title 38, or of other organizations recognized by the 
     Secretary of Veterans Affairs, to function on military 
     installations under the jurisdiction of the Secretary 
     concerned that are on land and from which persons are 
     discharged or released from active duty.
       ``(2) The commanding officer of a military installation 
     allowing representatives to function on the installation 
     under paragraph (1) shall allow the representatives to use 
     available space and equipment at the installation.
       ``(3) The regulations prescribed to carry out section 2679 
     of title 10, United States Code (as in effect on the day 
     before the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2005), that are in effect 
     on January 1, 1958, shall remain in effect until changed by 
     joint action of the Secretary concerned and the Secretary of 
     Veterans Affairs.
       ``(4) This subsection does not authorize the violation of 
     measures of military security.
       ``(b) Licenses to American National Red Cross for Erection 
     and Use of Buildings.--(1) Under such conditions as the 
     Secretary concerned may prescribe, such Secretary may issue a 
     revocable license to the American National Red Cross to--
       ``(A) erect and maintain, on any military installation 
     under the jurisdiction of such Secretary, buildings for the 
     storage of supplies; or
       ``(B) use, for the storage of supplies, buildings erected 
     by the United States.
       ``(2) Supplies stored in buildings erected or used under 
     this subsection are available to aid the civilian population 
     in a serious national disaster.
       ``(c) Use of Certain Facilities as Polling Places.--(1) 
     Notwithstanding chapter 29 of title 18 (including sections 
     592 and 593 of such title) or any other provision of law, the 
     Secretary of Defense or Secretary of a military department 
     may not (except as provided in paragraph (3)) prohibit the 
     designation or use of a qualifying facility under the 
     jurisdiction of such Secretary as an official polling place 
     for Federal, State, or local elections.
       ``(2) A Department of Defense facility is a qualifying 
     facility for purposes of this subsection if as of December 
     31, 2000--
       ``(A) the facility is designated as an official polling 
     place by a State or local election official; or
       ``(B) the facility has been used as such an official 
     polling place since January 1, 1996.
       ``(3) The limitation in paragraph (1) may be waived by the 
     Secretary of Defense or the Secretary of a military 
     department with respect to a particular Department of Defense 
     facility if such Secretary determines that local security 
     conditions require prohibition of the designation or use of 
     that facility as an official polling place for any 
     election.''.
       (c) Repeal of Superseded Provisions.--Sections 2666, 2670, 
     and 2673 of such title are repealed.
       (d) Clerical Amendments.--The table of sections for chapter 
     159 of such title is amended--
       (1) by striking the items relating to sections 2666, 2670, 
     and 2673; and
       (2) by striking the item relating to section 2679 and 
     inserting the following new item:

``Sec. 2679. Use of facilities: use by private organizations; use as 
              polling places.''.

     SEC. 2812. MODIFICATION AND ENHANCEMENT OF AUTHORITIES ON 
                   FACILITIES FOR RESERVE COMPONENTS.

       (a) Interests in Land.--
       (1) Definition of term.--Section 18232 of title 10, United 
     States Code, is amended--
       (A) by striking paragraph (2);
       (B) by redesignating paragraph (3) as paragraph (4); and
       (C) by inserting after paragraph (1) the following new 
     paragraphs:
       ``(2) The term `facility' includes any armory, readiness 
     center, building, structure, or other improvement of real 
     property needed for the administration and training of any 
     unit of the reserve components of the armed forces.
       ``(3) The term `interest in land' includes a fee title, 
     lease, easement, license, permit, or agreement on use of a 
     parcel of real property needed for the administration and 
     training of any unit of the reserve components of the armed 
     forces.''.
       (2) Utilization of term.--(A) Section 18231(1) of such 
     title is amended by inserting before the semicolon the 
     following: ``, and the acquisition of interests in land for 
     such purposes''.
       (B) Section 18233 of such title is amended--
       (i) in subsection (a), by inserting ``or interests in 
     land'' after ``facilities'' each place it appears; and
       (ii) in subsection (f)(2), by striking ``real property'' 
     and inserting ``interests in land''.
       (C) Section 18233a(a)(1) of such title is amended by 
     inserting ``or interest in land'' after ``facility''.
       (b) Modification and Enhancement of Acquisition 
     Authority.--Section 18233 of such title is further amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``and to'' and inserting ``chapters 159 and 169 of this 
     title, and''; and
       (B) in paragraph (1), by striking ``transfer,'' and 
     inserting ``transfer from a military department, another 
     department or agency of the Federal Government, or a State 
     agency,''; and
       (2) in subsection (f)(2), by striking ``exchange of 
     Government-owned land, or otherwise'' and inserting ``or 
     exchange of Government-owned land''.
       (c) Authority To Carry Out Small Projects.--
       (1) Modification of limitation on authority.--Section 
     18233a(a) of such title is further amended--
       (A) in paragraph (1), by striking ``$1,500,000'' and 
     inserting ``$750,000''; and
       (B) in paragraph (2), by adding at the end the following 
     new subparagraph:
       ``(D) A repair project (as that term is defined in section 
     2811(e) of this title) costing less than $10,000,000.''.

[[Page S7666]]

       (2) Recodification of authority to carry out with operation 
     and maintenance funds.--Chapter 1803 of title 10, United 
     States Code, is amended by inserting after section 18233a the 
     following new section:

     ``Sec. 18233b. Authority to carry out small projects with 
       operation and maintenance funds

       ``Under such regulations as the Secretary of Defense may 
     prescribe, the Secretary may spend, from appropriations 
     available for operation and maintenance, amounts necessary to 
     carry out any project authorized under section 18233(a) of 
     this title costing not more than--
       ``(1) the amount specified in section 2805(c)(1)(A) of this 
     title, in the case of a project intended solely to correct a 
     deficiency that is life-threatening, health-threatening, or 
     safety-threatening; or
       ``(2) the amount specified in section 2805(c)(1)(B) of this 
     title, in the case of any other project.''.
       (3) Repeal of superseded authority.--Section 18233a of such 
     title is amended by striking subsection (b).
       (4) Conforming amendments.--Section 18233a of such title is 
     further amended--
       (A) by striking ``(1) Except as provided in paragraph (2)'' 
     and inserting ``Except as provided in subsection (b)''; and
       (B) by redesignating paragraph (2) as subsection (b) and in 
     that subsection, as so redesignated--
       (i) by striking ``Paragraph (1)'' and inserting 
     ``Subsection (a)'';
       (ii) by redesignating subparagraphs (A), (B), (C), and (D) 
     as paragraphs (1), (2), (3), and (4), respectively; and
       (iii) in paragraph (2), as so redesignated--

       (I) by redesignating clauses (i) and (ii) as subparagraphs 
     (A) and (B), respectively; and
       (II) in subparagraph (B), as so redesignated, by striking 
     ``(I) 25 percent, or (II)'' and inserting ``(i) 25 percent, 
     or (ii)''.

       (5) Clerical amendments.--(A) The heading of section 18233a 
     of such title is amended to read as follows:

     ``Sec. 18233a. Limitation on certain projects''.

       (B) The table of sections at the beginning of chapter 1803 
     of such title is amended by striking the item relating to 
     section 18233a and inserting the following new items:

``18233a. Limitation on certain projects.
``18233b. Authority to carry out small projects with operation and 
              maintenance funds.''.

     SEC. 2813. AUTHORITY TO EXCHANGE OR SELL RESERVE COMPONENT 
                   FACILITIES AND LANDS TO OBTAIN NEW RESERVE 
                   COMPONENT FACILITIES AND LANDS.

       (a) In General.--The Secretary of Defense may authorize 
     each Secretary of a military department to carry out projects 
     to assess the feasibility and advisability of obtaining new 
     facilities and lands for the reserve components of such 
     department through the exchange or sale of existing 
     facilities or lands of such reserve components.
       (b) Transactions Authorized.--Pursuant to the authority 
     under subsection (a), the Secretary of a military department 
     may carry out any transaction as follows:
       (1) An exchange of an existing facility or existing 
     interest in land of a reserve component of such department 
     for a new facility, an interest in land, or an addition to an 
     existing facility for the reserve component.
       (2) A sale of an existing facility or existing interest in 
     land of a reserve component of such department with the 
     proceeds of sale used to acquire a new facility, an interest 
     in land, or an addition to an existing facility for the 
     reserve component.
       (3) A combination of an exchange and sale of an existing 
     facility, interest in land, or both of a reserve component of 
     such department with the use of the exchange allowance and 
     proceeds of sale to acquire a facility, an interest in land, 
     or an addition to an existing facility for the reserve 
     component.
       (c) Facilities and Lands Subject to Transaction.--A 
     facility or interest in land of a reserve component that may 
     be exchanged or sold pursuant to the authority under 
     subsection (a) is any facility or interest in land under the 
     control of the military department concerned that is not 
     excess property, as that term is defined in section 102(3) of 
     title 40, United States Code.
       (d) Fair Market Value To Be Obtained in Transaction.--In 
     any exchange or sale of an existing facility pursuant to the 
     authority under subsection (a), the United States shall 
     receive cash, a replacement facility or addition to an 
     existing facility, an interest in land, or a combination 
     thereof of in an amount not less than the fair market value 
     of the existing facility, as determined by the Secretary of 
     the military department concerned.
       (e) Requirements for Replacement Facilities.--(1) A 
     facility obtained as a replacement facility for an existing 
     facility, or as an addition to an existing facility, pursuant 
     to the authority under subsection (a) shall, as determined by 
     the Secretary of the military department concerned--
       (A) be complete and usable, fully functional, and ready for 
     occupancy, and satisfy fully all operational requirements of 
     the existing facility; and
       (B) meet all applicable Federal, State, and local 
     requirements relating to health, safety, fire, and the 
     environment.
       (2) A facility obtained as a replacement facility for an 
     existing facility, or as an addition to an existing facility, 
     pursuant to the authority under subsection (a) shall meet the 
     requirements specified in subparagraphs (A) and (B) of 
     paragraph (1) before the conclusion of the exchange or sale 
     of the existing facility concerned.
       (f) Agreement Required.--The Secretary of a military 
     department shall carry out each transaction pursuant to the 
     authority under subsection (a) through an agreement for that 
     purpose entered into by such Secretary and the person or 
     entity carrying out the transaction.
       (g) Selection Among Competing Participants.--(1) If more 
     than one person or entity notifies the Secretary of a 
     military department of an interest in carrying out a 
     transaction pursuant to the authority under subsection (a), 
     the Secretary shall, except as provided in paragraph (2), 
     select the person or entity to carry out the transaction 
     through the use of competitive procedures.
       (2) The Secretary of a military department may use 
     procedures other than competitive procedures to select among 
     persons and entities to carry out a transaction pursuant to 
     the authority under subsection (a), but only in accordance 
     with subsections (c) through (f) of section 2304 of title 10, 
     United States Code.
       (h) Notice and Wait Requirement.--(1) The Secretary of a 
     military department may not enter into an agreement pursuant 
     to the authority under subsection (a) until 30 days after the 
     date on which such Secretary submits to the congressional 
     defense committees a report on the agreement.
       (2) A report on an agreement under paragraph (1) shall 
     include the following:
       (A) A description of terms of the agreement, including a 
     description of any funds to be received by the United States 
     under the agreement and the proposed use of such funds.
       (B) A description of the existing facility, interest in 
     land, or both of a reserve component covered by the 
     agreement, including the fair market value of such facility, 
     interest in land, or both and the method of determination of 
     such fair market value.
       (C) Data on the facility or addition to an existing 
     facility, if any, to be received by the United States under 
     the agreement, which data shall meet requirements for data to 
     be provided Congress for military construction projects to 
     obtain a similar facility or addition to an existing 
     facility.
       (D) A certification that the existing facility, interest in 
     land, or both of a reserve component covered by the agreement 
     is not required by another military department.
       (3) Section 2662 of title 10, United States Code, shall not 
     apply to any transaction carried out pursuant to the 
     authority under subsection (a).
       (i) Treatment of Funds Received in Transactions.--(1) The 
     Secretary of a military department shall deposit in a special 
     account in the Treasury established for such purpose pursuant 
     to section 572(b) of title 40, United States Code, any 
     amounts received pursuant to an agreement entered into by 
     such Secretary pursuant to the authority under subsection 
     (a).
       (2) Amounts deposited by the Secretary of a military 
     department under paragraph (1) in the account established by 
     such Secretary under that paragraph with respect to an 
     agreement shall be available to such Secretary, without 
     further appropriation, as follows:
       (A) For the construction or acquisition of facilities, or 
     of additions to existing facilities, for the reserve 
     component concerned at the location to which such agreement 
     applies.
       (B) To the extent that such amounts are not required for 
     purposes of subparagraph (A), for maintenance, protection, 
     alteration, repair, improvement, or restoration (including 
     environmental restoration) of facilities or property of the 
     reserve component concerned at the location to which such 
     agreement applies.
       (3) Amounts available under paragraph (2) shall remain 
     available until expended.
       (j) Sole Authority for Exchanges of Facilities and Lands.--
     Except as otherwise specifically authorized by law, during 
     the period of the authority under subsection (a), the 
     authority under that subsection to exchange facilities or 
     interests in land of the reserve components to obtain 
     facilities, interests in land, or additions to facilities for 
     the reserve components is the sole authority available in law 
     for that purpose.
       (k) Construction With Other Military Construction Laws.--
     Transactions pursuant to the authority under subsection (a) 
     shall not be treated as military construction projects 
     requiring an authorization in law as otherwise required by 
     section 2802 of title 10, United States Code.
       (l) Report.--Not later than March 1, 2007, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report on the exercise of the authority under subsection 
     (a). The report shall include the following:
       (1) A description of the projects carried out under the 
     authority.
       (2) A description of the analysis and criteria used to 
     identify existing facilities and interests in land to be 
     exchanged or sold under the authority.
       (3) An assessment of the utility to the Department of 
     Defense of the authority, including recommendations for 
     modifications of such authority in order to enhance the 
     utility of such authority for the Department.
       (4) An assessment of interest in future exchanges or sales 
     in the event the authority is extended.

[[Page S7667]]

       (5) An assessment of the advisability of making the 
     authority, including any modifications of the authority 
     recommended under paragraph (3), permanent.
       (m) Definitions.--In this section:
       (1) The term ``facility'' includes an armory, readiness 
     center, or other structure, and storage or other facilities, 
     normally needed for the administration and training of a unit 
     of a reserve component.
       (2) The terms ``armory'' and ``readiness center'' have the 
     meanings given such terms in section 18232(3) of title 10, 
     United States Code.
       (n) Expiration Date.--No transaction may be commenced 
     pursuant to the authority under subsection (a) after 
     September 30, 2006.

     SEC. 2814. REPEAL OF AUTHORITY OF SECRETARY OF DEFENSE TO 
                   RECOMMEND THAT INSTALLATIONS BE PLACED IN 
                   INACTIVE STATUS DURING 2005 ROUND OF DEFENSE 
                   BASE CLOSURE AND REALIGNMENT.

       Section 2914 of the Defense Base Closure and Realignment 
     Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
     U.S.C. 2687 note) is amended by striking subsection (c).

                      Subtitle C--Land Conveyances

     SEC. 2821. TRANSFER OF ADMINISTRATIVE JURISDICTION, DEFENSE 
                   SUPPLY CENTER, COLUMBUS, OHIO.

       (a) Transfer Authorized.--The Secretary of the Army may 
     transfer, without reimbursement, to the Secretary of Veterans 
     Affairs administrative jurisdiction of a parcel of real 
     property consisting of approximately 20 acres and comprising 
     a portion of the Defense Supply Center in Columbus, Ohio.
       (b) Use of Property.--The Secretary of Veterans Affairs may 
     only use the property transferred under subsection (a) as the 
     site for the construction of a new outpatient clinic for the 
     provision of medical services to veterans.
       (c) Costs.--Any administrative costs in connection with the 
     transfer of property under subsection (a), including the 
     costs of the survey required by subsection (e), shall be 
     borne by the Secretary of Veterans Affairs.
       (d) Return of Jurisdiction to Army.--If at any time the 
     Secretary of the Army determines that the property 
     transferred under subsection (a) is not being utilized for 
     the outpatient clinic described in subsection (b), then, at 
     the election of the Secretary of the Army, the Secretary of 
     Veterans Affairs shall return to the Secretary of the Army 
     administrative jurisdiction of the property.
       (e) Exemption From Federal Screening.--The conveyance under 
     subsection (a) is exempt from the requirement to screen the 
     property for other Federal use pursuant to section 2693 of 
     title 10, United States Code.
       (f) Description of Property.--The exact acreage and legal 
     description of the real property to be transferred under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary of the Army.
       (g) Additional Terms and Conditions.--The Secretary of the 
     Army may require such additional terms and conditions in 
     connection with the transfer under subsection (a) as the 
     Secretary considers appropriate to protect the interests of 
     the United States.

     SEC. 2822. LAND CONVEYANCE, BROWNING ARMY RESERVE CENTER, 
                   UTAH.

       (a) Conveyance Authorized.--(1) The Secretary of the Army 
     may convey, without consideration, to the State of Utah (in 
     this section referred to as the ``State'') all right, title, 
     and interest of the United States in and to a parcel of 
     unimproved real property consisting of approximately 10 acres 
     and located at the Browning Army Reserve Center, Utah.
       (2) The purpose of the conveyance is to permit the 
     Department of Veterans Affairs of the State of Utah to 
     construct and operate a facility for the provision of nursing 
     care for veterans.
       (b) Payment of Costs of Conveyance.--(1) The Secretary may 
     require the State to cover costs to be incurred by the 
     Secretary, or to reimburse the Secretary for costs incurred 
     by the Secretary, to carry out the conveyance under 
     subsection (a), including survey costs, costs related to 
     environmental documentation, and other administrative costs 
     related to the conveyance. If amounts paid to the Secretary 
     in advance exceed the costs actually incurred by the 
     Secretary to carry out the conveyance, the Secretary shall 
     refund the excess amount to the State.
       (2) Amounts received under paragraph (1) shall be credited 
     to the fund or account that was used to cover the costs 
     incurred by the Secretary. Amounts so credited shall be 
     merged with amounts in such fund or account, and shall be 
     available for the same purposes, and subject to the same 
     conditions and limitations, as amounts in such fund or 
     account.
       (c) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under subsection 
     (a) shall be determined by a survey satisfactory to the 
     Secretary.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2823. LAND EXCHANGE, ARLINGTON COUNTY, VIRGINIA.

       (a) Exchange Authorized.--(1) The Secretary of Defense may 
     convey to Arlington County, Virginia (in this section 
     referred to as the ``County''), all right, title, and 
     interest of the United States in and to a parcel of real 
     property, together with any improvements thereon, consisting 
     of not more than 4.5 acres and located along the western 
     boundary of the Navy Annex property, Virginia, for the 
     purpose of the construction of a freedmen heritage museum and 
     an Arlington history museum.
       (2) The size of the parcel of real property conveyed under 
     paragraph (1) shall be such that the acreage of the parcel 
     shall be equivalent to the acreage of the parcel of real 
     property conveyed under subsection (b). The Secretary shall 
     determine the acreage of the parcels, and such determination 
     shall be final.
       (b) Consideration.--As consideration for the conveyance of 
     property under subsection (a), the County shall convey to the 
     United States all right, title, and interest of the County in 
     and to a parcel of real property, together with any 
     improvements thereon, consisting of not more than 4.5 acres 
     and known as the Southgate Road right-of-way between 
     Arlington National Cemetery, Virginia, and the Navy Annex 
     property.
       (c) Description of Property.--The exact acreage and legal 
     description of the parcels of real property to be conveyed 
     under this section shall be determined by surveys 
     satisfactory to the Secretary.
       (d) Payment of Costs of Conveyances.--(1) The Secretary may 
     require the County to cover costs to be incurred by the 
     Secretary, or to reimburse the Secretary for costs incurred 
     by the Secretary, to carry out the conveyances under 
     subsections (a) and (b), including survey costs, costs 
     related to environmental documentation, and other 
     administrative costs related to the conveyances. If amounts 
     are collected from the County in advance of the Secretary 
     incurring the actual costs, and the amount collected exceeds 
     the costs actually incurred by the Secretary to carry out the 
     conveyance, the Secretary shall refund the excess amount to 
     the County.
       (2) Amounts received as reimbursement under paragraph (1) 
     shall be credited to the fund or account that was used to 
     cover the costs incurred by the Secretary in carrying out the 
     conveyances. Amounts so credited shall be merged with amounts 
     in such fund or account, and shall be available for the same 
     purposes, and subject to the same conditions and limitations, 
     as amounts in such fund or account.
       (e) Reversionary Interest.--(1) If at any time the 
     Secretary determines that the property conveyed to the County 
     under subsection (a) is not being used for the purposes 
     stated in that subsection, then, at the option of the 
     Secretary, all right, title, and interest in and to the 
     property, including any improvements thereon, shall revert to 
     the United States, and the United States shall have the right 
     of immediate entry onto the property.
       (2) If the Secretary exercises the reversionary interest 
     provided for in paragraph (1), the Secretary shall pay the 
     County, from amounts available to the Secretary for military 
     construction for the Defense Agencies, an amount equal to the 
     fair market value of the property covered by the reversionary 
     interest, as determined by the Secretary.
       (f) Exemption From Federal Screening.--The conveyance under 
     subsection (a) is exempt from the requirement to screen the 
     property for other Federal use pursuant to sections 2693 and 
     2696 of title 10, United States Code.
       (g) Inclusion of Southgate Road Right-of-Way Property in 
     Transfer of Navy Annex Property for Arlington National 
     Cemetery.--Subsection (a) of section 2881 of the Military 
     Construction Authorization Act for Fiscal Year 2000 (division 
     B of Public Law 106-65; 113 Stat. 879) is amended by striking 
     ``three parcels of real property consisting of approximately 
     36 acres'' and inserting ``four parcels of real property 
     consisting of approximately 40 acres''.
       (h) Termination of Reservation of Certain Navy Annex 
     Property for Memorials or Museums.--Subsection (b) of such 
     section, as amended by section 2863(f) of the Military 
     Construction Authorization Act for Fiscal Year 2002 (division 
     B of Public Law 107-107; 115 Stat. 1332) and section 
     2851(a)(1) of the Military Construction Authorization Act for 
     Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 
     2726), is further amended--
       (1) by striking ``(1) Subject to paragraph (2), the 
     Secretary'' and inserting ``The Secretary''; and
       (2) by striking paragraph (2).
       (i) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyances under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2824. LAND CONVEYANCE, HAMPTON, VIRGINIA.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, to the Hampton City School 
     Board, Hampton, Virginia (in this section referred to as the 
     ``Board''), all right, title, and interest of the United 
     States in and to a parcel of real property, including any 
     improvements thereon, that consists of approximately 29.8 
     acres, is located on Downey Farm Road in Hampton, Virginia, 
     and is known as the Butler Farm United States Army Reserve 
     Center in order to permit the Board to utilize the property 
     for public education purposes.
       (b) Condition of Conveyance.--The conveyance under 
     subsection (a) shall be subject to the condition that the 
     Board accept the real property described in subsection (a) in 
     its condition at the time of the conveyance, commonly known 
     as conveyance ``as is''.

[[Page S7668]]

       (c) Payment of Costs of Conveyance.--(1) The Secretary may 
     require the Board to cover costs to be incurred by the 
     Secretary, or to reimburse the Secretary for costs incurred 
     by the Secretary, to carry out the conveyance under 
     subsection (a), including survey costs, costs related to 
     environmental documentation, and other administrative costs 
     related to the conveyance. If amounts are collected from the 
     Board in advance of the Secretary incurring the actual costs, 
     and the amount collected exceeds the costs actually incurred 
     by the Secretary to carry out the conveyance, the Secretary 
     shall refund the excess amount to the Board.
       (2) Amounts received as reimbursement under paragraph (1) 
     shall be credited to the fund or account that was used to 
     cover the costs incurred by the Secretary in carrying out the 
     conveyance. Amounts so credited shall be merged with amounts 
     in such fund or account, and shall be available for the same 
     purposes, and subject to the same conditions and limitations, 
     as amounts in such fund or account.
       (d) Exemption From Federal Screening.--The conveyance 
     authorized by subsection (a) is exempt from the requirement 
     to screen the property for other Federal use pursuant to 
     section 2693 and 2696 of title 10, United States Code.
       (e) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under subsection 
     (a) shall be determined by a survey satisfactory to the 
     Secretary.
       (f) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2825. LAND CONVEYANCE, SEATTLE, WASHINGTON.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, to the State of Washington (in 
     this section referred to as the ``State'') all right, title, 
     and interest of the United States in and to a parcel of real 
     property, including any improvements thereon, consisting of 
     approximately 9.747 acres in Seattle, Washington, and 
     comprising a portion of the National Guard Facility, Pier 91, 
     for the purpose of permitting the State to convey the 
     facility unencumbered for economic development purposes.
       (b) Condition of Conveyance.--The conveyance under 
     subsection (a) shall be subject to the condition that the 
     State accept the real property in its condition at the time 
     of the conveyance, commonly known as conveyance ``as is''.
       (c) Administrative Expenses.--(1) The State shall reimburse 
     the Secretary for the administrative expenses incurred by the 
     Secretary in carrying out the conveyance under subsection 
     (a), including expenses related to surveys and legal 
     descriptions, boundary monumentation, environmental surveys, 
     necessary documentation, travel, and deed preparation.
       (2) Section 2695(c) of title 10, United States Code, shall 
     apply to any amounts received by the Secretary as 
     reimbursement under this subsection.
       (d) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under subsection 
     (a) shall be determined by a survey satisfactory to the 
     Secretary. The cost of the survey shall be borne by the 
     United States, subject to the requirement for reimbursement 
     under subsection (c).
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2826. TRANSFER OF JURISDICTION, NEBRASKA AVENUE NAVAL 
                   COMPLEX, DISTRICT OF COLUMBIA.

       (a) Transfer Required.--The Secretary of the Navy shall 
     transfer to the administrative jurisdiction of the 
     Administrator of General Services the parcel of Department of 
     the Navy real property in the District of Columbia known as 
     the Nebraska Avenue Complex for the purpose of permitting the 
     Administrator to use the Complex to accommodate the 
     Department of Homeland Security. The Complex shall be 
     transferred in its existing condition.
       (b) Authority To Retain Military Family Housing.--The 
     Secretary of the Navy may retain administrative jurisdiction 
     over the portion of the Complex that the Secretary considers 
     to be necessary for continued use as Navy family housing.
       (c) Time for Transfer.--The transfer of administrative 
     jurisdiction over the Complex to the Administrator under 
     subsection (c) shall be completed not later than January 1, 
     2005.
       (d) Relocation of Navy Activities.--As part of the transfer 
     of the Complex under this section, the Secretary of the Navy 
     shall relocate Department of the Navy activities at the 
     Complex to other locations.
       (e) Payment of Relocation Costs.--Subject to the 
     availability of appropriations for this purpose, the 
     Secretary of Homeland Security shall be responsible for the 
     payment of--
       (1) all reasonable costs, including costs to move 
     furnishings and equipment, related to the relocation of 
     Department of the Navy activities from the Complex under 
     subsection (d);
       (2) all reasonable costs, including rent, incident to the 
     occupancy by such activities of interim leased space; and
       (3) all reasonable costs incident to the acquisition of 
     permanent facilities for Department of the Navy activities 
     relocated from the Complex.
       (f) Submission of Cost Estimates.--As soon as practicable 
     after the date of the enactment of this Act, but not later 
     than January 1, 2005, the Secretary of the Navy shall submit 
     to the congressional defense committees an initial estimate 
     of the amounts that will be necessary to cover the costs to 
     permanently relocate Department of the Navy activities from 
     the Complex. The Secretary shall include in the estimate 
     anticipated land acquisition and facility construction costs. 
     The Secretary shall revise the estimate as necessary whenever 
     information regarding the actual costs for the relocation is 
     obtained.
       (g) Certification of Relocation Costs.--At the end of the 
     three-year period beginning on the date of the transfer of 
     the Complex under subsection (a), the Secretary of the Navy 
     shall submit to Congress written notice--
       (1) specifying the total amount expended under subsection 
     (e) to cover the costs of relocating Department of the Navy 
     activities from the Complex;
       (2) specifying the total amount expended to acquire 
     permanent facilities for Department of the Navy activities 
     relocated from the Complex; and
       (3) certifying whether the amounts paid are sufficient to 
     complete all relocation actions.

     SEC. 2827. LAND CONVEYANCE, HONOLULU, HAWAII.

       (a) Conveyance Authorized.--The Secretary of the Navy may 
     convey, without consideration but subject to the conditions 
     specified in subsection (b), to the City and County of 
     Honolulu, Hawaii, all right, title, and interest of the 
     United States in and to a parcel of real property, including 
     improvements thereon, consisting of approximately 5.16 acres 
     located at 890 Valkenberg Avenue, Honolulu, Hawaii, and 
     currently used by the City and County of Honolulu as the site 
     of a fire station and firefighting training facility. The 
     purpose of the conveyance is to enhance the capability of the 
     City and County of Honolulu to provide fire protection and 
     firefighting services to the civilian and military properties 
     in the area and to provide a location for firefighting 
     training for civilian and military personnel.
       (b) Conditions of Conveyance.--The conveyance under 
     subsection (a) shall be subject to the following conditions:
       (1) That the City and County of Honolulu accept the real 
     property in its condition at the time of the conveyance, 
     commonly known as conveyance ``as is''.
       (2) That the City and County of Honolulu make the 
     firefighting training facility available to the fire 
     protection and firefighting units of the military departments 
     for training not less than 2 days per week on terms 
     satisfactory to the Secretary.
       (c) Payment of Costs of Conveyance.--(1) The Secretary 
     shall require the City and County of Honolulu to cover costs 
     to be incurred by the Secretary, or to reimburse the 
     Secretary for costs incurred by the Secretary, to carry out 
     the conveyance under subsection (a), including survey costs, 
     costs related to environmental documentation, and other 
     administrative costs related to the conveyance. If amounts 
     are collected from the City and County of Honolulu in advance 
     of the Secretary incurring the actual costs, and the amount 
     collected exceeds the costs actually incurred by the 
     Secretary to carry out the conveyance, the Secretary shall 
     refund the excess amount, without interest, to the City and 
     County of Honolulu.
       (2) Amounts received under paragraph (1) shall be credited 
     to the fund or account that was used to cover the costs 
     incurred by the Secretary in carrying out the conveyance. 
     Amounts so credited shall be merged with amounts in such fund 
     or account, and shall be available for the same purposes, and 
     subject to the same conditions and limitations, as amounts in 
     such fund or account.
       (d) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under subsection 
     (a) shall be determined by a survey satisfactory to the 
     Secretary.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2828. LAND CONVEYANCE, PORTSMOUTH, VIRGINIA.

       (a) Conveyance Authorized.--The Secretary of the Navy may 
     convey, without consideration, to the City of Portsmouth, 
     Virginia (in this section referred to as the ``City''), all 
     right, title, and interest of the United States in and to a 
     parcel of real property, including any improvements thereon, 
     consisting of approximately 0.49 acres located at 517 King 
     Street, Portsmouth, Virginia, and known as the ``Navy YMCA 
     Building'', for economic revitalization purposes.
       (b) Conditions of Conveyance.--The conveyance under 
     subsection (a) shall be subject to the following conditions:
       (1) That the City accept the real property described in 
     subsection (a) in its condition at the time of the 
     conveyance, commonly known as conveyance ``as is''.
       (2) That the City bear all costs related to the 
     environmental remediation, use, and redevelopment of the real 
     property.
       (c) Payment of Costs of Conveyance.--(1) The Secretary may 
     require the City to cover

[[Page S7669]]

     costs to be incurred by the Secretary, or to reimburse the 
     Secretary for costs incurred by the Secretary, to carry out 
     the conveyance under subsection (a), including survey costs, 
     costs related to environmental documentation, and other 
     administrative costs related to the conveyance. If amounts 
     paid to the Secretary in advance exceed the costs actually 
     incurred by the Secretary to carry out the conveyance, the 
     Secretary shall refund the excess amount to the City.
       (2) Amounts received under paragraph (1) shall be credited 
     to the fund or account that was used to cover the costs 
     incurred by the Secretary. Amounts so credited shall be 
     merged with amounts in such fund or account, and shall be 
     available for the same purposes, and subject to the same 
     conditions and limitations, as amounts in such fund or 
     account.
       (d) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under subsection 
     (a) shall be determined by a survey satisfactory to the 
     Secretary.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2829. LAND CONVEYANCE, FORMER GRIFFISS AIR FORCE BASE, 
                   NEW YORK.

       (a) Conveyance Authorized.--(1) The Secretary of the Air 
     Force may convey to the Oneida County Industrial Development 
     Agency, New York, the local reuse authority for the former 
     Griffiss Air Force Base (in this section referred to as the 
     ``Authority''), all right, title and interest of the United 
     States in and to a parcel of real property consisting of 
     9.639 acres and including four buildings described in 
     paragraph (2) that were vacated by the Air Force in 
     conjunction with its relocation to the Consolidated 
     Intelligence and Reconnaissance Laboratory at Air Force 
     Research Laboratory--Rome Research Site, Rome, New York.
       (2) The buildings described in this paragraph are the 
     buildings located on the real property referred in paragraph 
     (1) as follows:
       (A) Building 240 (117,323 square feet).
       (B) Building 247 (13,199 square feet).
       (C) Building 248 (4,000 square feet).
       (D) Building 302 (20,577 square feet).
       (3) The purpose of the conveyance under this subsection is 
     to permit the Authority to develop the parcel and structures 
     conveyed for economic purposes in a manner consistent with 
     the Defense Base Closure and Realignment Act of 1990 (part A 
     of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
       (b) Condition of Conveyance.--The conveyance under 
     subsection (a) shall be subject to the condition that the 
     Authority accept the real property in its condition at the 
     time of the conveyance, commonly known as conveyance ``as 
     is''.
       (c) Consideration.--As consideration for the conveyance of 
     property under subsection (a), the Authority shall pay the 
     United States an amount equal to the fair market of value, as 
     determined by the Secretary.
       (d) Treatment of Proceeds.--Any consideration received 
     under subsection (c) shall be deposited in the Department of 
     Defense Base Closure Account 1990 established by section 2906 
     of the Defense Base Closure and Realignment Act of 1990, and 
     shall be available for use in accordance with subsection (b) 
     of such section.
       (e) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary. The cost of the survey shall be borne by 
     the Authority.
       (f) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2830. LAND EXCHANGE, MAXWELL AIR FORCE BASE, ALABAMA.

       (a) Conveyance Authorized.--The Secretary of the Air Force 
     may convey to the City of Montgomery, Alabama (in this 
     section referred to as the ``City''), all right, title, and 
     interest of the United States in and to a parcel of real 
     property, including any improvements thereon, consisting of 
     approximately 28 acres and including all of the Maxwell 
     Heights Housing site and located at Maxwell Air Force Base, 
     Alabama.
       (b) Consideration.--(1) As consideration for the conveyance 
     of property under subsection (a), the City shall convey to 
     the United States all right, title, and interest of the City 
     to a parcel of real property, including any improvements 
     thereon, consisting of approximately 35 acres and designated 
     as project AL 6-4, that is owned by the City and is 
     contiguous to Maxwell Air Force Base, for the purpose of 
     allowing the Secretary to incorporate such property into a 
     project for the acquisition or improvement of military 
     housing under subchapter IV of chapter 169 of title 10, 
     United States Code. The Secretary shall have administrative 
     jurisdiction over the real property received under this 
     subsection.
       (2) If the fair market value of the real property received 
     under paragraph (1) is less than the fair market value of the 
     real property conveyed under subsection (a) (as determined 
     pursuant to an appraisal acceptable to the Secretary), the 
     Secretary may require the City to provide, pursuant to 
     negotiations between the Secretary and the City, in-kind 
     consideration the value of which when added to the fair 
     market value of the property conveyed under subsection (b) 
     equals the fair market value of the property conveyed under 
     subsection (a).
       (c) Payment of Costs of Conveyance.--(1) The Secretary may 
     require the City to cover costs to be incurred by the 
     Secretary, or to reimburse the Secretary for costs incurred 
     by the Secretary, to carry out the conveyances under 
     subsections (a) and (b), including survey costs, costs 
     related to environmental documentation, and other 
     administrative costs related to the conveyances. If amounts 
     are collected from the City in advance of the Secretary 
     incurring the actual costs, and the amount collected exceeds 
     the costs actually incurred by the Secretary to carry out the 
     conveyance, the Secretary shall refund the excess amount to 
     the City.
       (2) Amounts received as reimbursement under paragraph (1) 
     shall be credited to the fund or account that was used to 
     cover the costs incurred by the Secretary in carrying out the 
     conveyances. Amounts so credited shall be merged with amounts 
     in such fund or account, and shall be available for the same 
     purposes, and subject to the same conditions and limitations, 
     as amounts in such fund or account.
       (d) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under subsections 
     (a) and (b) shall be determined by surveys satisfactory to 
     the Secretary.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyances under subsections (a) and (b) as the 
     Secretary considers appropriate to protect the interests of 
     the United States.

     SEC. 2831. LAND EXCHANGE, NAVAL AIR STATION, PATUXENT RIVER, 
                   MARYLAND.

       (a) Conveyance Authorized.--The Secretary of the Navy may 
     convey to the State of Maryland (in this section referred to 
     as ``State''), all right, title, and interest of the United 
     States in and to a parcel of real property, including 
     improvements thereon, consisting of approximately five acres 
     at Naval Air Station, Patuxent River, Maryland, and 
     containing the Point Lookout Lighthouse, other structures 
     related to the lighthouse, and an archaeological site 
     pertaining to the military hospital that was located on the 
     property during the Civil War. The conveyance shall include 
     artifacts pertaining to the military hospital recovered by 
     the Navy and held at the installation.
       (b) Property Received in Exchange.--As consideration for 
     the conveyance of the real property under subsection (a), the 
     State shall convey to the United States a parcel of real 
     property consisting of approximately five acres located in 
     Point Lookout State Park, St. Mary's County, Maryland.
       (c) Payment of Costs of Conveyance.--(1) The Secretary may 
     require the State to cover costs to be incurred by the 
     Secretary, or to reimburse the Secretary for costs incurred 
     by the Secretary, to carry out the conveyance under 
     subsection (a), including survey costs, costs related to 
     environmental documentation, relocation expenses incurred 
     under subsection (b), and other administrative costs related 
     to the conveyance. If amounts are collected from the State in 
     advance of the Secretary incurring the actual costs, and the 
     amount collected exceeds the costs actually incurred by the 
     Secretary to carry out the conveyance, the Secretary shall 
     refund the excess amount to State.
       (2) Amounts received as reimbursement under paragraph (1) 
     shall be credited to the fund or account that was used to 
     cover the costs incurred by the Secretary in carrying out the 
     conveyance. Amounts so credited shall be merged with amounts 
     in such fund or account, and shall be available for the same 
     purposes, and subject to the same conditions and limitations, 
     as amounts in such fund or account.
       (d) Description of Property.--The exact acreage and legal 
     description of the properties to be conveyed under this 
     section shall be determined by surveys satisfactory to the 
     Secretary.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyances under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2832. LAND CONVEYANCE, MARCH AIR FORCE BASE, CALIFORNIA.

       (a) Conveyance Authorized.--The Secretary of the Air Force 
     may convey to the March Joint Powers Authority (in this 
     section referred to as the ``MJPA'') all right, title, and 
     interest of the United States in and to a parcel of real 
     property, including any improvements thereon, consisting of 
     approximately 15 acres located in Riverside County, 
     California, and containing the former Defense Reutilization 
     and Marketing Office facility for March Air Force Base, which 
     is also known as Parcel A-6, for the purpose of economic 
     development and revitalization.
       (b) Consideration.--(1) As consideration for the conveyance 
     of property under subsection (a), the MJPA shall pay the 
     United States an amount equal to the fair market value, as 
     determined by the Secretary, of the property to be conveyed 
     under such subsection.
       (2) The consideration received under this subsection shall 
     be deposited in the special account in the Treasury 
     established under section 572(b) of title 40, United States 
     Code, and available in accordance with the provisions of 
     paragraph (5)(B)(ii).
       (c) Description of Property.--The exact acreage and legal 
     description of the real

[[Page S7670]]

     property to be conveyed under subsection (a) shall be 
     determined by a survey satisfactory to the Secretary. The 
     cost of the survey shall be borne by the MJPA.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2833. LAND CONVEYANCE, SUNFLOWER ARMY AMMUNITION PLANT, 
                   KANSAS.

       (a) Conveyance Authorized.--The Secretary of the Army, in 
     consultation with the Administrator of General Services, may 
     convey to an entity selected by the Board of Commissioners of 
     Johnson County, Kansas (in this section referred to as the 
     ``entity'' and the ``Board'', respectively), all right, 
     title, and interest of the United States in and to a parcel 
     of real property, including any improvements thereon, 
     consisting of approximately 9,065 acres and containing the 
     Sunflower Army Ammunition Plant. The purpose of the 
     conveyance is to facilitate the re-use of the property for 
     economic development and revitalization.
       (b) Consideration.--(1) As consideration for the conveyance 
     under subsection (a), the entity shall provide the United 
     States, whether by cash payment, in-kind contribution, or a 
     combination thereof, an amount that is not less than the fair 
     market value, as determined by an appraisal of the property 
     acceptable to the Administrator and the Secretary. The 
     Secretary may authorize the entity to carry out, as in-kind 
     consideration, environmental remediation activities for the 
     property conveyed under such subsection.
       (2) The Secretary shall deposit any cash received as 
     consideration under this subsection in a special account 
     established pursuant to section 572(b) of title 40, United 
     States Code, to pay for environmental remediation and 
     explosives cleanup of the property conveyed under subsection 
     (a).
       (c) Construction With Previous Land Conveyance Authority on 
     Sunflower Army Ammunition Plant.--The authority in subsection 
     (a) to make the conveyance described in that subsection is in 
     addition to the authority under section 2823 of the Military 
     Construction Authorization Act for Fiscal Year 2003 (division 
     B of Public Law 107-314; 116 Stat. 2712) to make the 
     conveyance described in that section.
       (d) Environmental Remediation and Explosives Cleanup.--(1) 
     Notwithstanding any other provision of law, the Secretary may 
     enter into a multi-year cooperative agreement or contract 
     with the entity to undertake environmental remediation and 
     explosives cleanup of the property, and may utilize amounts 
     authorized to be appropriated for the Secretary for purposes 
     of environmental remediation and explosives cleanup under the 
     agreement.
       (2) The terms of the cooperative agreement or contract may 
     provide for advance payments on an annual basis or for 
     payments on a performance basis. Payments may be made over a 
     period of time agreed to by the Secretary and the entity or 
     for such time as may be necessary to perform the 
     environmental remediation and explosives cleanup of the 
     property, including any long-term operation and maintenance 
     requirements.
       (e) Payment of Costs of Conveyance.--(1) The Secretary may 
     require the entity or other persons to cover costs to be 
     incurred by the Secretary, or to reimburse the Secretary for 
     costs incurred by the Secretary, to carry out the conveyance 
     under subsection (a), including survey costs, costs related 
     to environmental, and other administrative costs related to 
     the conveyance.
       (2) Amounts received under paragraph (1) shall be credited 
     to the appropriation, fund, or account from which the costs 
     were paid. Amounts so credited shall be merged with funds in 
     such appropriation, fund, or account, and shall be available 
     for the same purposes, and subject to the same limitations, 
     as the funds with which merged.
       (f) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey jointly 
     satisfactory to the Secretary and the Administrator.
       (g) Additional Terms and Conditions.--The Secretary and the 
     Administrator may require such additional terms and 
     conditions in connection with the conveyance of real property 
     under subsection (a), and the environmental remediation and 
     explosives cleanup under subsection (d), as the Secretary and 
     the Administrator jointly consider appropriate to protect the 
     interests of the United States.

     SEC. 2834. LAND CONVEYANCE, NAVAL WEAPONS STATION, 
                   CHARLESTON, SOUTH CAROLINA.

       (a) Conveyance Authorized.--The Secretary of the Navy may 
     convey to the Berkeley County Sanitation Authority, South 
     Carolina (in this section referred to as the ``Authority''), 
     all right, title, and interest of the United States in and to 
     a parcel of real property, including any improvements 
     thereon, consisting of not more than 38 acres and comprising 
     a portion of the Naval Weapons Station, Charleston, South 
     Carolina, for the purpose of allowing the Authority to expand 
     an existing sewage treatment plant.
       (b) Consideration.--As consideration for the conveyance of 
     property under subsection (a), the Authority shall provide 
     the United States, whether by cash payment, in-kind services, 
     or a combination thereof, an amount that is not less than the 
     fair market value, as determined by an appraisal acceptable 
     to the Secretary, of the property conveyed under such 
     subsection.
       (c) Payment of Costs of Conveyance.--(1) The Secretary may 
     require the Authority to cover costs incurred by the 
     Secretary, or to reimburse the Secretary for costs incurred 
     by the Secretary, to carry out the conveyance under 
     subsection (a), including appraisal costs, survey costs, 
     costs related to compliance with the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) and environmental 
     remediation, and other administrative costs related to the 
     conveyance. If the amounts are collected from the Authority 
     in advance of the Secretary incurring the actual costs, and 
     the amount collected exceeds the costs actually incurred by 
     the Secretary to carry out the conveyance, the Secretary 
     shall refund the excess amount to the Authority.
       (2) Amounts received as reimbursement under paragraph (1) 
     shall be credited to the fund or account that was used to 
     cover the costs incurred by the Secretary in carrying out the 
     conveyance. Amounts so credited shall be merged with amounts 
     in such fund or account, and shall be made available for the 
     same purposes, and subject to the same conditions and 
     limitations, as amounts in such fund or account.
       (d) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under subsection 
     (a) shall be determined by a survey satisfactory to the 
     Secretary. The cost of the survey shall be borne by the 
     Authority.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2835. LAND CONVEYANCE, LOUISIANA ARMY AMMUNITION PLANT, 
                   DOYLINE, LOUISIANA.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey to the State of Louisiana (in this section referred to 
     as the ``State'') all right, title, and interest of the 
     United States in and to a parcel of real property, including 
     any improvements thereon, consisting of approximately 14,949 
     acres located at the Louisiana Army Ammunition Plant, 
     Doyline, Louisiana.
       (b) Consideration.--As consideration for the conveyance of 
     property under subsection (a), the State shall--
       (1) maintain at least 13,500 acres of such property for the 
     purpose of military training, unless the Secretary determines 
     that fewer acres are required for such purpose;
       (2) ensure that any other uses that are made of the 
     property conveyed under subsection (a) do not adversely 
     impact military training;
       (3) accommodate the use of such property, at no cost or 
     fee, for meeting the present and future training needs of 
     Armed Forces units, including units of the Louisiana National 
     Guard and the other active and reserve components of the 
     Armed Forces;
       (4) assume, starting on the date that is five years after 
     the date of the conveyance of such property, responsibility 
     for any monitoring, sampling, or reporting requirements that 
     are associated with the environmental restoration activities 
     of the Army on the Louisiana Army Ammunition Plant, and shall 
     bear such responsibility until such time as such monitoring, 
     sampling, or reporting is no longer required; and
       (5) assume the rights and responsibilities of the Army 
     under the armaments retooling manufacturing support agreement 
     between the Army and the facility use contractor with respect 
     to the Louisiana Army Ammunition Plant in accordance with the 
     terms of such agreement in effect at the time of the 
     conveyance.
       (c) Payment of Costs of Conveyance.--(1) The Secretary may 
     require the State to cover costs to be incurred by the 
     Secretary, or to reimburse the Secretary for costs incurred 
     by the Secretary, to carry out the conveyance under 
     subsection (a), including survey costs, costs related to 
     environmental documentation, and other administrative costs 
     related to the conveyance. If amounts are collected from the 
     State in advance of the Secretary incurring the actual costs, 
     and the amount collected exceeds the costs actually incurred 
     by the Secretary to carry out the conveyance, the Secretary 
     shall refund the excess amount to State.
       (2) Amounts received as reimbursement under paragraph (1) 
     shall be credited to the fund or account that was used to 
     cover the costs incurred by the Secretary in carrying out the 
     conveyance. Amounts so credited shall be merged with amounts 
     in such fund or account, and shall be available for the same 
     purposes, and subject to the same conditions and limitations, 
     as amounts in such fund or account.
       (d) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by surveys satisfactory to 
     the Secretary. The cost of each survey shall be borne by the 
     State.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

[[Page S7671]]

     SEC. 2836. MODIFICATION OF AUTHORITY FOR LAND CONVEYANCE, 
                   EQUIPMENT AND STORAGE YARD, CHARLESTON, SOUTH 
                   CAROLINA.

       Section 563(h) of the Water Resources Development Act of 
     1999 (Public Law 106-53; 113 Stat. 360) is amended to read as 
     follows:
       ``(h) Charleston, South Carolina.--
       ``(1) In general.--The Secretary may convey to the City of 
     Charleston, South Carolina (in this section referred to as 
     the `City'), all right, title, and interest of the United 
     States in and to a parcel of real property of the Corps of 
     Engineers, together with any improvements thereon, that is 
     known as the Equipment and Storage Yard and consists of 
     approximately 1.06 acres located on Meeting Street in 
     Charleston, South Carolina, in as-is condition.
       ``(2) Consideration.--As consideration for the conveyance 
     of property under paragraph (1), the City shall provide the 
     United States, whether by cash payment, in-kind contribution, 
     or a combination thereof, an amount that is not less than the 
     fair market value of the property conveyed, as determined by 
     the Secretary.
       ``(3) Use of proceeds.--Amounts received as consideration 
     under this subsection may be used by the Corps of Engineers, 
     Charleston District, as follows:
       ``(A) Any amounts received as consideration may be used to 
     carry out activities under this Act, notwithstanding any 
     requirements associated with the Plant Replacement and 
     Improvement Program (PRIP), including--
       ``(i) leasing, purchasing, or constructing an office 
     facility within the boundaries of Charleston, Berkeley, and 
     Dorchester Counties, South Carolina; and
       ``(ii) satisfying any PRIP balances.
       ``(B) Any amounts received as consideration that are in 
     excess of the fair market value of the property conveyed 
     under paragraph (1) may be used for any authorized activities 
     of the Corps of Engineers, Charleston District.
       ``(4) Description of property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     paragraph (1) and any property transferred to the United 
     States as consideration under paragraph (2) shall be 
     determined by surveys satisfactory to the Secretary.
       ``(5) Additional terms and conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under paragraph (1) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.''.

                       Subtitle D--Other Matters

     SEC. 2841. DEPARTMENT OF DEFENSE FOLLOW-ON LABORATORY 
                   REVITALIZATION DEMONSTRATION PROGRAM.

       (a) Follow-On Program Authorized.--(1) The Secretary of 
     Defense may carry out a program (to be known as the 
     ``Department of Defense Follow-On Laboratory Revitalization 
     Demonstration Program'') for the revitalization of Department 
     of Defense laboratories. Under the program, the Secretary may 
     carry out minor military construction projects in accordance 
     with subsection (b) and other applicable law to improve 
     laboratories covered by the program.
       (2) The program under this section is the successor program 
     to the Department of Defense Laboratory Revitalization 
     Demonstration Program carried out under section 2892 of the 
     Military Construction Authorization Act for Fiscal Year 1996 
     (division B of Public Law 104-106; 10 U.S.C. 2805 note).
       (b) Increased Maximum Amounts Applicable to Minor 
     Construction Projects.--For purpose of any military 
     construction project carried out under the program--
       (1) the amount provided in the second sentence of 
     subsection (a)(1) of section 2805 of title 10, United States 
     Code, shall be deemed to be $3,000,000;
       (2) the amount provided in subsection (b)(1) of such 
     section shall be deemed to be $1,500,000; and
       (3) the amount provided in subsection (c)(1)(B) of such 
     section shall be deemed to be $1,000,000.
       (c) Program Requirements.--(1) Not later than 30 days 
     before commencing the program, the Secretary shall--
       (A) designate the Department laboratories at which 
     construction may be carried out under the program; and
       (B) establish procedures for the review and approval of 
     requests from Department laboratories to carry out such 
     construction.
       (2) The laboratories designated under paragraph (1)(A) may 
     not include Department laboratories that are contractor 
     owned.
       (3) The Secretary shall notify Congress of the Department 
     laboratories designated under paragraph (1)(A).
       (d) Report.--Not later than September 30, 2005, the 
     Secretary shall submit to the congressional defense 
     committees a report on the program under this section. The 
     report shall include--
       (1) a list and description of the construction projects 
     carried out under the program, and of any projects carried 
     out under the program referred to in subsection (a) during 
     the period beginning on October 1, 2003, and ending on the 
     date of the enactment of this Act, including the location and 
     costs of each such project; and
       (2) the assessment of the Secretary of the advisability of 
     extending or expanding the authority for the program under 
     this section.
       (e) Construction of Authority.--Nothing in this section may 
     be construed to limit any other authority provided by law for 
     any military construction project at a Department laboratory 
     covered by the program.
       (f) Definitions.--In this section:
       (1) The term ``laboratory'' includes--
       (A) a research, engineering, and development center;
       (B) a test and evaluation activity owned, funded, and 
     operated by the Federal Government through the Department of 
     Defense; and
       (C) a supporting facility of a laboratory.
       (2) The term ``supporting facility'', with respect to a 
     laboratory, means any building or structure that is used in 
     support of research, development, test, and evaluation at the 
     laboratory.
       (g) Expiration of Authority.--The authority to carry out a 
     project under the program under this section expires on 
     September 30, 2006.

     SEC. 2842. JURISDICTION AND UTILIZATION OF FORMER PUBLIC 
                   DOMAIN LANDS, UMATILLA CHEMICAL DEPOT, OREGON.

       (a) Jurisdiction.--The various parcels of real property 
     consisting of approximately 8,300 acres and located within 
     the boundaries of Umatilla Chemical Depot, Oregon, that were 
     previously withdrawn from the public domain are determined to 
     be no longer suitable for return to the public domain and are 
     hereby transferred to the administrative jurisdiction of the 
     Secretary of the Army.
       (b) Utilization.--The Secretary shall combine the real 
     property transferred under subsection (a) with other lands 
     and lesser interests comprising the Umatilla Chemical Depot 
     for purposes of their management and disposal pursuant to 
     title II of the Defense Authorization Amendments and Base 
     Closure and Realignment Act of 1988 (Public Law 100-526; 10 
     U.S.C. 2687 note) and other applicable law.

     SEC. 2843. DEVELOPMENT OF HERITAGE CENTER FOR THE NATIONAL 
                   MUSEUM OF THE UNITED STATES ARMY.

       (a) Authority To Enter Into Agreement.--(1) The Secretary 
     of the Army may enter into an agreement with the Army 
     Historical Foundation, a nonprofit organization, for the 
     design, construction, and operation of a facility or group of 
     facilities at Fort Belvoir, Virginia (in this section 
     referred to as the ``center''), for the National Museum of 
     the United States Army.
       (2) The center shall be used for the identification, 
     curation, storage, and public viewing of artifacts and 
     artwork of significance to the United States Army, as agreed 
     to by the Secretary.
       (3) The center may also be used to support such education, 
     training, research, and associated purposes as the Secretary 
     considers appropriate.
       (b) Design and Construction.--(1) The design of the center 
     shall be subject to the approval of the Secretary.
       (2) For each phase of the development of the center, the 
     Secretary may--
       (A) accept funds from the Army Historical Foundation for 
     the design and construction of such phase of the center; or
       (B) permit the Army Historical Foundation to contract for 
     the design and construction of such phase of the center.
       (c) Acceptance of Facility.--(1) Upon satisfactory 
     completion, as determined by the Secretary, of any phase of 
     the center, and upon the satisfaction of any and all 
     financial obligations incident thereto by the Army Historical 
     Foundation, the Secretary shall accept such phase of the 
     center from the Army Historical Foundation, and all right, 
     title, and interest in and to such phase of the center shall 
     vest in the United States.
       (2) Upon becoming property of the United States, a phase of 
     the center accepted under paragraph (1) shall be under the 
     jurisdiction of the Secretary.
       (d) Use of Certain Gifts.--(1) Under regulations prescribed 
     by the Secretary, the Commander of the United States Army 
     Center of Military History may, without regard to section 
     2601 of title 10, United States Code, accept, hold, 
     administer, invest, and spend any gift, devise, or bequest of 
     personal property of a value of $250,000 or less made to the 
     United States if such gift, devise, or bequest is for the 
     benefit of the National Museum of the United States Army or 
     the center.
       (2) The Secretary may pay or authorize the payment of any 
     reasonable and necessary expense in connection with the 
     conveyance or transfer of a gift, devise, or bequest under 
     this subsection.
       (e) Lease of Facility.--(1) The Secretary may lease, under 
     such terms and conditions as the Secretary considers 
     appropriate for the agreement authorized by subsection (a), 
     portions of the center developed under that subsection to the 
     Army Historical Foundation for use by the public, commercial 
     and nonprofit entities, State and local governments, and 
     other departments and agencies of the Federal Government for 
     use in generating revenue for activities of the center and 
     for such administrative purposes as may be necessary for the 
     support of the center.
       (2) The amount of consideration paid to the Secretary by 
     the Army Historical Foundation for a lease under paragraph 
     (1) may not exceed an amount equal to the actual cost, as 
     determined by the Secretary, of the operations and 
     maintenance of the center.
       (3) Notwithstanding any other provision of law, the 
     Secretary shall use amounts paid under paragraph (2) to cover 
     the costs of operation of the center.
       (f) Additional Terms and Conditions.--The Secretary may 
     require such additional

[[Page S7672]]

     terms and conditions in connection with the agreement 
     authorized by subsection (a) as the Secretary considers 
     appropriate to protect the interests of the United States.

     SEC. 2844. AUTHORITY TO SETTLE CLAIM OF OAKLAND BASE REUSE 
                   AUTHORITY AND REDEVELOPMENT AGENCY OF THE CITY 
                   OF OAKLAND, CALIFORNIA.

       (a) Authority.--The Secretary of the Navy may pay funds as 
     agreed to by both parties, in the amount of $2,100,000, to 
     the Oakland Base Reuse Authority and Redevelopment Agency of 
     the City of Oakland, California, in settlement of Oakland 
     Base Reuse Authority and Redevelopment Agency of the City of 
     Oakland v. the United States, Case No. C02-4652 MHP, United 
     States District Court, Northern District of California, 
     including any appeal.
       (b) Consideration.--As consideration, the Oakland Base 
     Reuse Authority and Redevelopment Agency shall agree that the 
     payment constitutes a final settlement of all claims against 
     the United States related to said case and give to the 
     Secretary a release of all claims to the eighteen officer 
     housing units located at the former Naval Medical Center 
     Oakland, California. The release shall be in a form that is 
     satisfactory to the Secretary.
       (c) Source of Funds.--The Secretary may use funds in the 
     Department of Defense Base Closure Account 1990 established 
     pursuant to section 2906 of the Defense Base Closure and 
     Realignment Act of 1990 (part A of title XXIX of Public Law 
     101-510; 10 U.S.C. 2687 note) for the payment authorized by 
     subsection (a) or the proceeds of sale from the eighteen 
     housing units and property described in subsection (b).

     SEC. 2845. COMPTROLLER GENERAL REPORT ON CLOSURE OF 
                   DEPARTMENT OF DEFENSE DEPENDENT ELEMENTARY AND 
                   SECONDARY SCHOOLS AND COMMISSARY STORES.

       (a) Comptroller General Report.--Not later than 180 days 
     after the date of the enactment of this Act, the Comptroller 
     General of the United States shall submit to the appropriate 
     committees of Congress a report that includes the following:
       (1) With respect to Department of Defense dependent 
     elementary and secondary schools--
       (A) an assessment by the Comptroller General of the policy 
     of the Department of Defense, and the criteria utilized by 
     the Department, regarding the closure of schools, including 
     whether or not such policy and criteria are consistent with 
     Department policies and procedures on the preservation of the 
     quality of life of members of the Armed Forces; and
       (B) an assessment by the Comptroller General of any current 
     or on-going studies or assessments of the Department with 
     respect to any of the schools.
       (2) With respect to commissary stores--
       (A) an assessment by the Comptroller General of the policy 
     of the Department of Defense, and the criteria utilized by 
     the Department, regarding the closure of commissary stores, 
     including whether or not such policy and criteria are 
     consistent with Department policies and procedures on the 
     preservation of the quality of life of members of the Armed 
     Forces; and
       (B) an assessment by the Comptroller General of any current 
     or on-going studies or assessments of the Department with 
     respect to any of the commissary stores.
       (b) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services of the Senate; and
       (2) the Committee on Armed Services of the House of 
     Representatives.

                  TITLE XXIX--MARITIME ADMINISTRATION

     SEC. 2901. MODIFICATION OF PRIORITY AFFORDED APPLICATIONS FOR 
                   NATIONAL DEFENSE TANK VESSEL CONSTRUCTION 
                   ASSISTANCE.

       Section 3542(d) of the Maritime Security Act of 2003 (title 
     XXXV of Public Law 108-136; 117 Stat. 1821; 46 U.S.C. 53101 
     note) is amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) shall give priority consideration to a proposal 
     submitted by an applicant who has been accepted for 
     participation in the Shipboard Technology Evaluation Program 
     as outlined in Navigation and Vessel Inspection Circular 01-
     04, issued by the Commandant of the United States Coast Guard 
     on January 2, 2004; and''.

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

     SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated to the Department of Energy for 
     fiscal year 2005 for the activities of the National Nuclear 
     Security Administration in carrying out programs necessary 
     for national security in the amount of $9,165,145,000, to be 
     allocated as follows:
       (1) For weapons activities, $6,674,898,000.
       (2) For defense nuclear nonproliferation activities, 
     $1,348,647,000.
       (3) For naval reactors, $797,900,000.
       (4) For the Office of the Administrator for Nuclear 
     Security, $343,700,000.
       (b) Authorization of New Plant Projects.--From funds 
     referred to in subsection (a) that are available for carrying 
     out plant projects, the Secretary of Energy may carry out new 
     plant projects for weapons activities, as follows:
       (1) For readiness in technical base and facilities:
       Project 05-D-140, Readiness in Technical Base and 
     Facilities Program (RTBF), project engineering and design 
     (PED), various locations, $11,600,000.
       Project 05-D-401, Building 12-64 production bays upgrade, 
     Pantex Plant, Amarillo, Texas, $25,000,000.
       Project 05-D-402, Beryllium Capability (BeC) Project, Y-12 
     National Security Complex, Oak Ridge, Tennessee, $3,627,000.
       (2) For facilities and infrastructure recapitalization:
       Project 05-D-160, Facilities and Infrastructure 
     Recapitalization Program (FIRP), project engineering and 
     design (PED), various locations, $8,700,000.
       Project 05-D-601, compressed air upgrades, Y-12 National 
     Security Complex, Oak Ridge, Tennessee, $4,400,000.
       Project 05-D-602, power grid infrastructure upgrade (PGIU), 
     Los Alamos National Laboratory, Los Alamos, New Mexico, 
     $10,000,000.
       Project 05-D-603, new master substation, technical areas I 
     and IV, Sandia National Laboratories, Albuquerque, New 
     Mexico, $600,000.
       (3) For safeguards and security:
       Project 05-D-170, safeguards and security, project 
     engineering and design (PED), various locations, $17,000,000.
       Project 05-D-701, security perimeter, Los Alamos National 
     Laboratory, Los Alamos, New Mexico, $20,000,000.
       (4) For naval reactors:
       Project 05-N-900, materials development facility building, 
     Schenectady, New York, $6,200,000.

     SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated to the Department of Energy for 
     fiscal year 2005 for environmental management activities in 
     carrying out programs necessary for national security in the 
     amount of $6,954,402,000, to be allocated as follows:
       (1) For defense site acceleration completion, 
     $5,971,932,000.
       (2) For defense environmental services, $982,470,000.
       (b) Authorization of New Plant Project.--From funds 
     referred to in subsection (a)(2) that are available for 
     carrying out plant projects, the Secretary of Energy may 
     carry out, for environmental management activities, the 
     following new plant project:
       Project 05-D-405, salt waste processing facility, Savannah 
     River Site, Aiken, South Carolina, $52,000,000.

     SEC. 3103. OTHER DEFENSE ACTIVITIES.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2005 for other defense 
     activities in carrying out programs necessary for national 
     security in the amount of $568,096,000.

     SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2005 for defense nuclear 
     waste disposal for payment to the Nuclear Waste Fund 
     established in section 302(c) of the Nuclear Waste Policy Act 
     of 1982 (42 U.S.C. 10222(c)) in the amount of $108,000,000.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

     SEC. 3111. LIMITATION ON AVAILABILITY OF FUNDS FOR MODERN PIT 
                   FACILITY.

       (a) Limitation.--Of the amount authorized to be 
     appropriated by section 3101(a)(1) for the National Nuclear 
     Security Administration for weapons activities and available 
     for the Modern Pit Facility, not more than 50 percent of such 
     amount may be obligated or expended until 30 days after the 
     latter of the following:
       (1) The date of the submittal of the revised nuclear 
     weapons stockpile plan specified in the joint explanatory 
     statement to accompany the report of the Committee on 
     Conference on the bill H.R. 2754 of the 108th Congress.
       (2) The date on which the Administrator for Nuclear 
     Security submits to the congressional defense committees a 
     report setting forth the validated pit production 
     requirements for the Modern Pit Facility.
       (b) Validated Pit Production Requirements.--(1) The 
     validated pit production requirements in the report under 
     subsection (a)(2) shall be established by the Administrator 
     in conjunction with the Chairman of the Nuclear Weapons 
     Council.
       (2) The validated pit production requirements shall--
       (A) include specifications regarding the number of pits 
     that will be required to be produced in order to support the 
     weapons that will be retained in the nuclear weapons 
     stockpile, set forth by weapon type and by year; and
       (B) take into account any surge capacity that may be 
     included in the annual pit production capability.
       (c) Form of Report.--The report described in subsection 
     (a)(2) shall be submitted in unclassified form, but may 
     include a classified annex.

[[Page S7673]]

     SEC. 3112. LIMITATION ON AVAILABILITY OF FUNDS FOR ADVANCED 
                   NUCLEAR WEAPONS CONCEPTS INITIATIVE.

       (a) Limitation.--None of the funds authorized to be 
     appropriated by this title may be obligated or expended for 
     purposes of additional or exploratory studies under the 
     Advanced Nuclear Weapons Concepts Initiative until 30 days 
     after the date on which the Administrator for Nuclear 
     Security submits to the congressional defense committees a 
     detailed report on the activities for such studies under the 
     Initiative that are planned for fiscal year 2005.
       (b) Form of Report.--The report under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 3113. LIMITED AUTHORITY TO CARRY OUT NEW PROJECTS UNDER 
                   FACILITIES AND INFRASTRUCTURE RECAPITALIZATION 
                   PROGRAM AFTER PROJECT SELECTION DEADLINE.

       (a) Limited Authority To Carry Out New Projects.--Section 
     3114(a) of the National Defense Authorization Act for Fiscal 
     Year 2004 (Public Law 108-136; 117 Stat. 1744; 50 U.S.C. 2453 
     note) is amended--
       (1) in the subsection caption, by striking ``Deadline 
     for'';
       (2) in paragraph (2), by striking ``No project'' and 
     inserting ``Except as provided in paragraph (3), no 
     project''; and
       (3) by adding at the end the following new paragraph:
       ``(3)(A) Subject to the provisions of this paragraph, a 
     project described in subparagraph (B) may be carried out 
     under the Facilities and Infrastructure Recapitalization 
     Program after December 31, 2004, if the Administrator 
     approves the project. The Administrator may not delegate the 
     authority to approve projects under the preceding sentence.
       ``(B) A project described in this subparagraph is a project 
     that consists of a specific building, facility, or other 
     improvement (including fences, roads, or similar 
     improvements).
       ``(C) Funds may not be obligated or expended for a project 
     under this paragraph until 60 days after the date on which 
     the Administrator submits to the congressional defense 
     committees a notice on the project, including a description 
     of the project and the nature of the project, a statement 
     explaining why the project was not included in the Facilities 
     and Infrastructure Recapitalization Program under paragraph 
     (1), and a statement explaining why the project was not 
     included in any other program under the jurisdiction of the 
     Administrator.
       ``(D) The total number of projects that may be carried out 
     under this paragraph in any fiscal year may not exceed five 
     projects.
       ``(E) The Administrator may not utilize the authority in 
     this paragraph until 60 days after the later of--
       ``(i) the date of the submittal to the congressional 
     defense committees of a list of the projects selected for 
     inclusion in the Facilities and Infrastructure 
     Recapitalization Program under paragraph (1); or
       ``(ii) the date of the submittal to the congressional 
     defense committees of the report required by subsection (c).
       ``(F) A project may not be carried out under this paragraph 
     unless the project will be completed by September 30, 
     2011.''.
       (b) Construction of Authority.--The amendments made by 
     subsection (a) may not be construed to authorize any delay in 
     either of the following:
       (1) The selection of projects for inclusion in the 
     Facilities and Infrastructure Recapitalization Program under 
     subsection (a) of section 3114 of the National Defense 
     Authorization Act for Fiscal Year 2004.
       (2) The submittal of the report required by subsection (c) 
     of such section.

     SEC. 3114. MODIFICATION OF MILESTONE AND REPORT REQUIREMENTS 
                   FOR NATIONAL IGNITION FACILITY.

       (a) Notification on Milestones To Achieve Ignition.--
     Subsection (a) of section 3137 of the National Defense 
     Authorization Act for Fiscal Year 2002 (Public Law 107-107; 
     115 Stat. 1369) is amended by striking ``each Level I 
     milestone and Level II milestone for the National Ignition 
     Facility.'' and inserting the following: ``each milestone for 
     the National Ignition Facility as follows:
       ``(1) Each Level I milestone.
       ``(2) Each Level II milestone.
       ``(3) Each milestone to achieve ignition.''.
       (b) Report on Failure of Timely Achievement of 
     Milestones.--Subsection (b) of such section is amended by 
     striking ``a Level I milestone or Level II milestone for the 
     National Ignition Facility'' and inserting ``a milestone for 
     the National Ignition Facility referred to in subsection 
     (a)''.
       (c) Milestones To Achieve Ignition.--Subsection (c) of such 
     section is amended to read as follows:
       ``(c) Milestones.--For purposes of this section:
       ``(1) The Level I and Level II milestones for the National 
     Ignition Facility are as established in the August 2000 
     revised National Ignition Facility baseline document.
       ``(2) The milestones of the National Ignition Facility to 
     achieve ignition are such milestones (other than the 
     milestones referred to in paragraph (1)) as the Administrator 
     shall establish on any activities at the National Ignition 
     Facility that are required to enable the National Ignition 
     Facility to achieve ignition and be a fully functioning user 
     facility by December 31, 2011.''.
       (d) Submittal to Congress of Milestones To Achieve 
     Ignition.--Not later than January 31, 2005, the Administrator 
     for Nuclear Security shall submit to the congressional 
     defense committees a report setting forth the milestones of 
     the National Ignition Facility to achieve ignition as 
     established by the Administration under subsection (c)(2) of 
     section 3137 of the National Defense Authorization Act for 
     Fiscal Year 2002, as amended by subsection (c) of this 
     section. The report shall include--
       (1) a description of each milestone established; and
       (2) a proposal for the funding to be required to meet each 
     such milestone.
       (e) Extension of Sunset.--Subsection (d) of section 3137 of 
     such Act is amended by striking ``September 30, 2004'' and 
     inserting ``December 31, 2011''.

     SEC. 3115. MODIFICATION OF SUBMITTAL DATE OF ANNUAL PLAN FOR 
                   STEWARDSHIP, MANAGEMENT, AND CERTIFICATION OF 
                   WARHEADS IN THE NUCLEAR WEAPONS STOCKPILE.

       Section 4203(c) of the Atomic Energy Defense Act (50 U.S.C. 
     2523(c)) is amended is amended by striking ``March 15 of each 
     year thereafter'' and inserting ``May 1 of each year 
     thereafter''.

     SEC. 3116. DEFENSE SITE ACCELERATION COMPLETION.

       (a) In General.--Notwithstanding any other provision of 
     law, with respect to material stored at a Department of 
     Energy site at which activities are regulated by the State 
     pursuant to approved closure plans or permits issued by the 
     State, high-level radioactive waste does not include 
     radioactive material resulting from the reprocessing of spent 
     nuclear fuel that the Secretary of Energy determines--
       (1) does not require permanent isolation in a deep geologic 
     repository for spent fuel or highly radioactive waste 
     pursuant to criteria promulgated by the Department of Energy 
     by rule approved by the Nuclear Regulatory Commission;
       (2) has had highly radioactive radionuclides removed to the 
     maximum extent practical in accordance with the Nuclear 
     Regulatory Commission-approved criteria; and
       (3) in the case of material derived from the storage tanks, 
     is disposed of in a facility (including a tank) within the 
     State pursuant to a State-approved closure plan or a State-
     issued permit, authority for the approval or issuance of 
     which is conferred on the State outside of this Act.
       (b) Inapplicability to Certain Materials.--Subsection (a) 
     shall not apply to any material otherwise covered by that 
     subsection that is transported from the State.
       (c) Scope of Authority To Carry Out Actions.--The 
     Department of Energy may implement any action authorized--
       (1) by a State-approved closure plan or State-issued permit 
     in existence on the date of enactment of this section; or
       (2) by a closure plan approved by the State or a permit 
     issued by the State during the pendency of the rulemaking 
     provided for in subsection (a).

     Any such action may be completed pursuant to the terms of the 
     closure plan or the State-issued permit notwithstanding the 
     final criteria adopted by the rulemaking pursuant to 
     subsection (a).
       (d) State Defined.--In this section, the term ``State'' 
     means the State of South Carolina.
       (e) Construction.--(1) Nothing in this section shall 
     affect, alter, or modify the full implementation of--
       (A) the settlement agreement entered into by the United 
     States with the State of Idaho in the actions captioned 
     Public Service Co. of Colorado v. Batt, Civil No. 91-0035-S-
     EJL, and United States v. Batt, Civil No. 91-0054-S-EJL, in 
     the United States District Court for the District of Idaho, 
     and the consent order of the United States District Court for 
     the District of Idaho, dated October 17, 1995, that 
     effectuates the settlement agreement;
       (B) the Idaho National Engineering Laboratory Federal 
     Facility Agreement and Consent Order; or
       (C) the Hanford Federal Facility Agreement and Consent 
     Order.
       (2) Nothing in this section establishes any precedent or is 
     binding on the State of Idaho, the State of Washington, the 
     State of Oregon, or any other State for the management, 
     storage, treatment, and disposition of radioactive and 
     hazardous materials.

     SEC. 3117. NATIONAL ACADEMY OF SCIENCES STUDY.

       (a) Review by National Research Council.--Not later than 30 
     days after the date of the enactment of this Act, the 
     Secretary of Energy shall enter into a contract with the 
     National Research Council of the National Academies to 
     conduct a study of the necessary technologies and research 
     gaps in the Department of Energy's program to remove high-
     level radioactive waste from the storage tanks at the 
     Department's sites in South Carolina, Washington and Idaho.
       (b) Matters To Be Addressed in Study.--The study shall 
     address the following:
       (1) the quantities and characteristics of waste in each 
     high-level waste storage tank described in paragraph (a), 
     including data uncertainties;
       (2) the technologies by which high-level radioactive waste 
     is currently being removed from the tanks for final disposal 
     under the Nuclear Waste Policy Act;
       (3) technologies currently available but not in use in 
     removing high-level radioactive waste from the tanks;
       (4) any technology gaps that exist to effect the removal of 
     high-level radioactive waste from the tanks;

[[Page S7674]]

       (5) other matters that in the judgement of the National 
     Research Council directly relate to the focus of this study.
       (c) Time Limitation.--The National Research Council shall 
     conduct the review over a one year period beginning upon 
     execution of the contract described in subsection (a).
       (d) Reports.--(1) The National Research Council shall 
     submit its findings, conclusions and recommendations to the 
     Secretary of Energy and to the relevant Committees of 
     jurisdiction of the United States Senate and House of 
     Representatives.
       (2) The final report shall be submitted in unclassified 
     form with classified annexes as necessary.
       (e) Provision of Information.--The Secretary of Energy 
     shall make available to the National Research Council all of 
     the information necessary to complete its report in a timely 
     manner.
       (f) Expedited Processing of Security Clearances.--For 
     purposes of facilitating the commencement of the study under 
     this section, the Secretary of Energy shall expedite to the 
     fullest degree possible the processing of security clearances 
     that are necessary for the National Research Council to 
     conduct the study.
       (g) Funding.--Of the amount authorized to be appropriated 
     in section 3102(a)(1) for environmental management for 
     defense site acceleration completion, $750,000 shall be 
     available for the study authorized under this section.

     SEC. 3118. ANNUAL REPORT ON EXPENDITURES FOR SAFEGUARDS AND 
                   SECURITY.

       (a) Annual Report Required.--Subtitle C of title XLVII of 
     the Atomic Energy Defense Act (50 U.S.C. 2771 et seq.) is 
     amended by adding at the end the following new section:

     ``SEC. 4732. ANNUAL REPORT ON EXPENDITURES FOR SAFEGUARDS AND 
                   SECURITY.

       ``The Secretary of Energy shall submit to Congress each 
     year, in the budget justification materials submitted to 
     Congress in support of the budget of the President for the 
     fiscal year beginning in such year (as submitted under 
     section 1105(a) of title 31, United States Code), the 
     following:
       ``(1) A detailed description and accounting of the proposed 
     obligations and expenditures by the Department of Energy for 
     safeguards and security in carrying out programs necessary 
     for the national security for the fiscal year covered by such 
     budget, including any technologies on safeguards and security 
     proposed to be deployed or implemented during such fiscal 
     year.
       ``(2) With respect to the fiscal year ending in the year 
     before the year in which such budget is submitted, a detailed 
     description and accounting of--
       ``(A) the policy on safeguards and security, including any 
     modifications in such policy adopted or implemented during 
     such fiscal year;
       ``(B) any initiatives on safeguards and security in effect 
     or implemented during such fiscal year;
       ``(C) the amount obligated and expended for safeguards and 
     security during such fiscal year, set forth by total amount, 
     by amount per program, and by amount per facility; and
       ``(D) the technologies on safeguards and security deployed 
     or implemented during such fiscal year.''.
       (b) Clerical Amendment.--The table of contents for that Act 
     is amended by inserting after the item relating to section 
     4731 the following new item:

``Sec. 4732. Annual report on expenditures for safeguards and 
              security.''.

     SEC. 3119. AUTHORITY TO CONSOLIDATE COUNTERINTELLIGENCE 
                   OFFICES OF DEPARTMENT OF ENERGY AND NATIONAL 
                   NUCLEAR SECURITY ADMINISTRATION WITHIN NATIONAL 
                   NUCLEAR SECURITY ADMINISTRATION.

       (a) Authority.--The Secretary of Energy may consolidate the 
     counterintelligence programs and functions referred to in 
     subsection (b) within the Office of Defense Nuclear 
     Counterintelligence of the National Nuclear Security 
     Administration and provide for their discharge by that 
     Office.
       (b) Covered Programs and Functions.--The programs and 
     functions referred to in this subsection are as follows:
       (1) The functions and programs of the Office of 
     Counterintelligence of the Department of Energy under section 
     215 of the Department of Energy Organization Act (42 U.S.C. 
     7144b).
       (2) The functions and programs of the Office of Defense 
     Nuclear Counterintelligence of the National Nuclear Security 
     Administration under section 3232 of the National Nuclear 
     Security Administration Act (50 U.S.C. 2422), including the 
     counterintelligence programs under section 3233 of that Act 
     (50 U.S.C. 2423).
       (c) Establishment of Policy.--The Secretary shall have the 
     responsibility to establish policy for the discharge of the 
     counterintelligence programs and functions consolidated 
     within the National Nuclear Security Administration under 
     subsection (a) as provided for under section 213 of the 
     Department of Energy Organization Act (42 U.S.C. 7144).
       (d) Preservation of Counterintelligence Capability.--In 
     consolidating counterintelligence programs and functions 
     within the National Nuclear Security Administration under 
     subsection (a), the Secretary shall ensure that the 
     counterintelligence capabilities of the Department of Energy 
     and the National Nuclear Security Administration are in no 
     way degraded or compromised.
       (e) Report on Exercise of Authority.--In the event the 
     Secretary exercises the authority in subsection (a), the 
     Secretary shall submit to the congressional defense 
     committees a report on the exercise of the authority. The 
     report shall include--
       (1) a description of the manner in which the 
     counterintelligence programs and functions referred to in 
     subsection (b) shall be consolidated within the Office of 
     Defense Nuclear Counterintelligence of the National Nuclear 
     Security Administration and discharged by that Office;
       (2) a notice of the date on which that Office shall 
     commence the discharge of such programs and functions, as so 
     consolidated; and
       (3) a proposal for such legislative action as the Secretary 
     considers appropriate to effectuate the discharge of such 
     programs and functions, as so consolidated, by that Office.
       (f) Deadline for Exercise of Authority.--The authority in 
     subsection (a) may be exercised, if at all, not later than 
     one year after the date of the enactment of this Act.

     SEC. 3120. TREATMENT OF WASTE MATERIAL.

       (a) Availability of Funds for Treatment.--Of the amount 
     authorized to be appropriated by section 3102(a)(1) for 
     environmental management for defense site acceleration 
     completion, $350,000,000 shall be available for the following 
     purposes at the sites referred to in subsection (b):
       (1) The safe management of tanks or tank farms used to 
     store waste from reprocessing activities.
       (2) The on-site treatment and storage of wastes from 
     reprocessing activities and related waste.
       (3) The consolidation of tank waste.
       (4) The emptying and cleaning of storage tanks.
       (5) Actions under section 3116.
       (b) Sites.--The sites referred to in this subsection are as 
     follows:
       (1) The Idaho National Engineering and Environmental 
     Laboratory, Idaho.
       (2) The Savannah River Site, Aiken, South Carolina.
       (3) The Hanford Site, Richland, Washington.
       (c) Effective Date.--This section shall become effective 1 
     day after enactment.

     SEC. 3121. LOCAL STAKEHOLDER ORGANIZATIONS FOR DEPARTMENT OF 
                   ENERGY ENVIRONMENTAL MANAGEMENT 2006 CLOSURE 
                   SITES.

       (a) Establishment.--(1) The Secretary of Energy shall 
     establish for each Department of Energy Environmental 
     Management 2006 closure site a local stakeholder organization 
     having the responsibilities set forth in subsection (c).
       (2) The local stakeholder organization shall be established 
     in consultation with interested elected officials of local 
     governments in the vicinity of the closure site concerned.
       (b) Composition.--A local stakeholder organization for a 
     Department of Energy Environmental Management 2006 closure 
     site under subsection (a) shall be composed of such elected 
     officials of local governments in the vicinity of the closure 
     site concerned as the Secretary considers appropriate to 
     carry out the responsibilities set forth in subsection (c) 
     who agree to serve on the organization, or the designees of 
     such officials.
       (c) Responsibilities.--A local stakeholder organization for 
     a Department of Energy Environmental Management 2006 closure 
     site under subsection (a) shall--
       (1) solicit and encourage public participation in 
     appropriate activities relating to the closure and post-
     closure operations of the site;
       (2) disseminate information on the closure and post-closure 
     operations of the site to the State government of the State 
     in which the site is located, local and Tribal governments in 
     the vicinity of the site, and persons and entities having a 
     stake in the closure or post-closure operations of the site;
       (3) transmit to appropriate officers and employees of the 
     Department of Energy questions and concerns of governments, 
     persons, and entities referred to paragraph (2) on the 
     closure and post-closure operations of the site; and
       (4) perform such other duties as the Secretary and the 
     local stakeholder organization jointly determine appropriate 
     to assist the Secretary in meeting post-closure obligations 
     of the Department at the site.
       (d) Deadline for Establishment.--The local stakeholder 
     organization for a Department of Energy Environmental 
     Management 2006 closure site shall be established not later 
     than six months before the closure of the site.
       (e) Inapplicability of Federal Advisory Committee Act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to local stakeholder organizations under this section.
       (f) Department of Energy Environmental Management 2006 
     Closure Site Defined.--In this section, the term ``Department 
     of Energy Environmental Management 2006 closure site'' means 
     each clean up site of the Department of Energy scheduled by 
     the Department as of January 1, 2004, for closure in 2006.

     SEC. 3122. REPORT ON MAINTENANCE OF RETIREMENT BENEFITS FOR 
                   CERTAIN WORKERS AT 2006 CLOSURE SITES AFTER 
                   CLOSURE OF SITES.

       (a) Report Required.--Not later than 60 days after the date 
     of the enactment of this Act, the Assistant Secretary of 
     Energy for

[[Page S7675]]

     Environmental Management shall submit to the Secretary of 
     Energy a report on the maintenance of retirements benefits 
     for workers at Department of Energy 2006 closure sites after 
     the closure of such sites.
       (b) Elements.--The report under subsection (a) shall 
     include the following:
       (1) The number of workers at Department of Energy 2006 
     closure sites that could lose retirement benefits as a result 
     of the early closure of such a site.
       (2) The impact on collective bargaining agreements with 
     workers at Department of Energy 2006 closure sites of the 
     loss of their retirement benefits as described in paragraph 
     (1).
       (3) The cost of providing retirement benefits, after the 
     closure of Department of Energy 2006 closure sites, to 
     workers at such sites who would otherwise lose their benefits 
     as described in paragraph (1) after the closure of such 
     sites.
       (c) Transmittal to Congress.--Not later than 30 days after 
     receiving the report under subsection (a), the Secretary 
     shall transmit the report to Congress, together with such 
     recommendations, including recommendations for legislative 
     action, as the Secretary considers appropriate.
       (d) Definitions.--In this section:
       (1) The term ``Department of Energy 2006 closure site'' 
     means the following:
       (A) The Rocky Flats Environmental Technology Site, 
     Colorado.
       (B) The Fernald Plant, Ohio.
       (C) The Mound Plant, Ohio.
       (2) The term ``worker'' means any employee who is employed 
     by contract to perform cleanup, security, or administrative 
     duties or responsibilities at a Department of Energy 2006 
     closure site.
       (3) The term ``retirement benefits'' means health, pension, 
     and any other retirement benefits.

     SEC. 3123. REPORT ON EFFORTS OF NATIONAL NUCLEAR SECURITY 
                   ADMINISTRATION TO UNDERSTAND PLUTONIUM AGING.

       (a) Study.--(1) The Administrator for Nuclear Security 
     shall enter into a contract with a Federally Funded Research 
     and Development Center (FFRDC) providing for a study to 
     assess the efforts of the National Nuclear Security 
     Administration to understand the aging of plutonium in 
     nuclear weapons.
       (2) The Administrator shall make available to the FFRDC 
     contractor under this subsection all information that is 
     necessary for the contractor to successfully complete a 
     meaningful study on a timely basis.
       (b) Report Required.--(1) Not later than two years after 
     the date of the enactment of this Act, the Administrator 
     shall submit to Congress a report on the findings of the 
     study on the efforts of the Administration to understand the 
     aging of plutonium in nuclear weapons.
       (2) The report shall include the recommendations of the 
     study for improving the knowledge, understanding, and 
     application of the fundamental and applied sciences related 
     to the study of plutonium aging.
       (3) The report shall be submitted in unclassified form, but 
     may include a classified annex.

                   Subtitle C--Proliferation Matters

     SEC. 3131. MODIFICATION OF AUTHORITY TO USE INTERNATIONAL 
                   NUCLEAR MATERIALS PROTECTION AND COOPERATION 
                   PROGRAM FUNDS OUTSIDE THE FORMER SOVIET UNION.

       (a) Applicability of Authority Limited to Projects Not 
     Previously Authorized.--Subsection (a) of section 3124 of the 
     National Defense Authorization Act for Fiscal Year 2004 
     (Public Law 108-136; 117 Stat. 1747) is amended by inserting 
     ``that has not previously been authorized by Congress'' after 
     ``states of the former Soviet Union''.
       (b) Repeal of Limitation on Total Amount of Obligation.--
     Such section is further amended--
       (1) by striking subsection (c); and
       (2) by redesignating subsections (d), (e), and (f) as 
     subsections (c), (d), and (e), respectively.

     SEC. 3132. ACCELERATION OF REMOVAL OR SECURITY OF FISSILE 
                   MATERIALS, RADIOLOGICAL MATERIALS, AND RELATED 
                   EQUIPMENT AT VULNERABLE SITES WORLDWIDE.

       (a) Sense of Congress.--(1) It is the sense of Congress 
     that the security, including the rapid removal or secure 
     storage, of high-risk, proliferation-attractive fissile 
     materials, radiological materials, and related equipment at 
     vulnerable sites worldwide should be a top priority among the 
     activities to achieve the national security of the United 
     States.
       (2) It is the sense of Congress that the President may 
     establish in the Department of Energy a task force to be 
     known as the Task Force on Nuclear Materials to carry out the 
     program authorized by subsection (b).
       (b) Program Authorized.--The Secretary of Energy may carry 
     out a program to undertake an accelerated, comprehensive 
     worldwide effort to mitigate the threats posed by high-risk, 
     proliferation-attractive fissile materials, radiological 
     materials, and related equipment located at sites potentially 
     vulnerable to theft or diversion.
       (c) Program Elements.--(1) Activities under the program 
     under subsection (b) may include the following:
       (A) Accelerated efforts to secure, remove, or eliminate 
     proliferation-attractive fissile materials or radiological 
     materials in research reactors, other reactors, and other 
     facilities worldwide.
       (B) Arrangements for the secure shipment of proliferation-
     attractive fissile materials, radiological materials, and 
     related equipment to other countries willing to accept such 
     materials and equipment, or to the United States if such 
     countries cannot be identified, and the provision of secure 
     storage or disposition of such materials and equipment 
     following shipment.
       (C) The transportation of proliferation-attractive fissile 
     materials, radiological materials, and related equipment from 
     sites identified as proliferation risks to secure facilities 
     in other countries or in the United States.
       (D) The processing and packaging of proliferation-
     attractive fissile materials, radiological materials, and 
     related equipment in accordance with required standards for 
     transport, storage, and disposition.
       (E) The provision of interim security upgrades for 
     vulnerable, proliferation-attractive fissile materials and 
     radiological materials and related equipment pending their 
     removal from their current sites.
       (F) The utilization of funds to upgrade security and 
     accounting at sites where proliferation-attractive fissile 
     materials or radiological materials will remain for an 
     extended period of time in order to ensure that such 
     materials are secure against plausible potential threats and 
     will remain so in the future.
       (G) The management of proliferation-attractive fissile 
     materials, radiological materials, and related equipment at 
     secure facilities.
       (H) Actions to ensure that security, including security 
     upgrades at sites and facilities for the storage or 
     disposition of proliferation-attractive fissile materials, 
     radiological materials, and related equipment, continues to 
     function as intended.
       (I) The provision of technical support to the International 
     Atomic Energy Agency (IAEA), other countries, and other 
     entities to facilitate removal of, and security upgrades to 
     facilities that contain, proliferation-attractive fissile 
     materials, radiological materials, and related equipment 
     worldwide.
       (J) The development of alternative fuels and irradiation 
     targets based on low-enriched uranium to convert research or 
     other reactors fueled by highly-enriched uranium to such 
     alternative fuels, as well as the conversion of reactors and 
     irradiation targets employing highly-enriched uranium to 
     employment of such alternative fuels and targets.
       (K) Accelerated actions for the blend down of highly-
     enriched uranium to low-enriched uranium.
       (L) The provision of assistance in the closure and 
     decommissioning of sites identified as presenting risks of 
     proliferation of proliferation-attractive fissile materials, 
     radiological materials, and related equipment.
       (M) Programs to--
       (i) assist in the placement of employees displaced as a 
     result of actions pursuant to the program in enterprises not 
     representing a proliferation threat; and
       (ii) convert sites identified as presenting risks of 
     proliferation regarding proliferation-attractive fissile 
     materials, radiological materials, and related equipment to 
     purposes not representing a proliferation threat to the 
     extent necessary to eliminate the proliferation threat.
       (2) The Secretary of Energy shall, in coordination with the 
     Secretary of State, carry out the program in consultation 
     with, and with the assistance of, appropriate departments, 
     agencies, and other entities of the United States Government.
       (3) The Secretary of Energy shall, with the concurrence of 
     the Secretary of State, carry out activities under the 
     program in collaboration with such foreign governments, non-
     governmental organizations, and other international entities 
     as the Secretary considers appropriate for the program.
       (d) Reports.--(1) Not later than March 15, 2005, the 
     Secretary shall submit to Congress a classified interim 
     report on the program under subsection (b).
       (2) Not later than January 1, 2006, the Secretary shall 
     submit to Congress a classified final report that includes 
     the following:
       (A) A survey by the Secretary of the facilities and sites 
     worldwide that contain proliferation-attractive fissile 
     materials, radiological materials, or related equipment.
       (B) A list of sites determined by the Secretary to be of 
     the highest priority, taking into account risk of theft from 
     such sites, for removal or security of proliferation-
     attractive fissile materials, radiological materials, or 
     related equipment, organized by level of priority.
       (C) A plan, including activities under the program under 
     this section, for the removal, security, or both of 
     proliferation-attractive fissile materials, radiological 
     materials, or related equipment at vulnerable facilities and 
     sites worldwide, including measurable milestones, metrics, 
     and estimated costs for the implementation of the plan.
       (3) A summary of each report under this subsection shall 
     also be submitted to Congress in unclassified form.
       (e) Funding.--Amounts authorized to be appropriated to the 
     Secretary of Energy for defense nuclear nonproliferation 
     activities shall be available for purposes of the program 
     under this section.
       (f) Definitions.--In this section:
       (1) The term ``fissile materials'' means plutonium, highly-
     enriched uranium, or other material capable of sustaining an 
     explosive nuclear chain reaction, including irradiated items 
     containing such materials if the radiation field from such 
     items is not sufficient to prevent the theft or misuse of 
     such items.

[[Page S7676]]

       (2) The term ``radiological materials'' includes Americium-
     241, Californium-252, Cesium-137, Cobalt-60, Iridium-192, 
     Plutonium-238, Radium-226 and Strontium-90, Curium-244, 
     Strontium-90, and irradiated items containing such materials, 
     or other materials designated by the Secretary of Energy for 
     purposes of this paragraph.
       (3) The term ``related equipment'' includes equipment 
     useful for enrichment of uranium in the isotope 235 and for 
     extraction of fissile materials from irradiated fuel rods and 
     other equipment designated by the Secretary of Energy for 
     purposes of this section.
       (4) The term ``highly-enriched uranium'' means uranium 
     enriched to or above 20 percent in isotope 235.
       (5) The term ``low-enriched uranium'' means uranium 
     enriched below 20 percent in isotope 235.
       (6) The term ``proliferation-attractive'', in the case of 
     fissile materials and radiological materials, means 
     quantities and types of such materials that are determined by 
     the Secretary of Energy to present a significant risk to the 
     national security of the United States if diverted to a use 
     relating to proliferation.

                       Subtitle D--Other Matters

     SEC. 3141. INDEMNIFICATION OF DEPARTMENT OF ENERGY 
                   CONTRACTORS.

       Section 170 d.(1)(A) of the Atomic Energy Act of 1954 (42 
     U.S.C. 2210(d)(1)(A)) is amended by striking ``until December 
     31, 2004'' and inserting ``until December 31, 2006''.

     SEC. 3142. TWO-YEAR EXTENSION OF AUTHORITY FOR APPOINTMENT OF 
                   CERTAIN SCIENTIFIC, ENGINEERING, AND TECHNICAL 
                   PERSONNEL.

       Section 4601(c)(1) of the Atomic Energy Defense Act (50 
     U.S.C. 2701(c)(1)) is amended by striking ``September 30, 
     2004'' and inserting ``September 30, 2006''.

     SEC. 3143. ENHANCEMENT OF ENERGY EMPLOYEES OCCUPATIONAL 
                   ILLNESS COMPENSATION PROGRAM AUTHORITIES.

       (a) State Agreements.--Section 3661 of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (as 
     enacted into law by Public Law 106-394) (42 U.S.C. 7385o) is 
     amended--
       (1) in subsection (b), by striking ``Pursuant to agreements 
     under subsection (a), the'' and inserting ``The'';
       (2) in subsection (c), by striking ``provided in an 
     agreement under subsection (a), and if''; and
       (3) in subsection (e), by striking ``If provided in an 
     agreement under subsection (a)'' and inserting ``If a panel 
     has reported a determination under subsection (d)(5)''.
       (b) Physician Panels.--Subsection (d) of such section is 
     amended by striking paragraph (2) and inserting the following 
     new paragraph (2):
       ``(2) The Secretary of Health and Human Services shall, in 
     consultation with the Secretary of Energy, select the 
     individuals to serve as panel members based on experience and 
     competency in diagnosing occupational illnesses. The 
     Secretary shall appoint the individuals so selected as panel 
     members or shall obtain by contract the services of such 
     individuals as panel members.''.

     SEC. 3144. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF 
                   LOS ALAMOS NATIONAL LABORATORY, NEW MEXICO.

       The Secretary of Energy shall require that the primary 
     management and operations contract for Los Alamos National 
     Laboratory, New Mexico, that involves Laboratory operations 
     after September 30, 2005, shall contain terms requiring the 
     contractor under such contract to provide support to the Los 
     Alamos Public School District, New Mexico, for the elementary 
     and secondary education of students by the School District in 
     the amount of $8,000,000 in each fiscal year.

     SEC. 3145. REVIEW OF WASTE ISOLATION PILOT PLANT, NEW MEXICO, 
                   PURSUANT TO COMPETITIVE CONTRACT.

       (a) Contract Requirement.--The Secretary of Energy shall 
     use competitive procedures to enter into a contract to 
     conduct independent reviews and evaluations of the design, 
     construction, and operations of the Waste Isolation Pilot 
     Plant in New Mexico (hereafter in this section referred as 
     the ``WIPP'') as they relate to the protection of the public 
     health and safety and the environment. The contract shall be 
     for a period of one year, beginning on October 1, 2004, and 
     shall be renewable for four additional one-year periods with 
     the consent of the contractor and subject to the 
     authorization and appropriation of funds for such purpose.
       (b) Content of Contract.--A contract entered into under 
     subsection (a) shall require the following:
       (1) The contractor shall appoint a Director and Deputy 
     Director, who shall be scientists of national eminence in the 
     field of nuclear waste disposal, shall be free from any 
     biases related to the activities of the WIPP, and shall be 
     widely known for their integrity and scientific expertise.
       (2) The Director shall appoint staff. The professional 
     staff shall consist of scientists and engineers of recognized 
     integrity and scientific expertise who represent scientific 
     and engineering disciplines needed for a thorough review of 
     the WIPP, including disciplines such as geology, hydrology, 
     health physics, environmental engineering, probability risk 
     analysis, mining engineering, and radiation chemistry. The 
     disciplines represented in the staff shall change as may be 
     necessary to meet changed needs in carrying out the contract 
     for expertise in any certain scientific or engineering 
     discipline. Scientists employed under the contract shall have 
     qualifications and experience equivalent to the 
     qualifications and experience required for scientists 
     employed by the Federal Government in grades GS-13 through 
     GS-15.
       (3) Scientists employed under the contract shall have an 
     appropriate support staff.
       (4) The Director and Deputy Director shall each be 
     appointed for a term of 5 years, subject to contract renewal, 
     and may be removed only for misconduct or incompetence. The 
     staff shall be appointed for such terms as the Director 
     considers appropriate.
       (5) The rates of pay of professional staff and the 
     procedures for increasing the rates of pay of professional 
     staff shall be equivalent to those rates and procedures 
     provided for the General Schedule pay system under chapter 53 
     of title 5, United States Code.
       (6) The results of reviews and evaluations carried out 
     under the contract shall be published.
       (c) Administration.--The contractor shall establish general 
     policies and guidelines to be used by the Director in 
     carrying out the work under the contract.

     SEC. 3146. COMPENSATION OF PAJARITO PLATEAU, NEW MEXICO, 
                   HOMESTEADERS FOR ACQUISITION OF LANDS FOR 
                   MANHATTAN PROJECT IN WORLD WAR II.

       (a) Establishment of Compensation Fund.--There is 
     established in the Treasury of the United States a fund to be 
     known as the Pajarito Plateau Homesteaders Compensation Fund 
     (in this section referred to as the ``Fund''). The Fund shall 
     be dedicated to the settlement of the two lawsuits in the 
     United States District Court for the District of New Mexico 
     consolidated as Civ. No. 00-60.
       (b) Elements of Fund.--The Fund shall consist of the 
     following:
       (1) Amounts available for deposit in the Fund under 
     subsection (j).
       (2) Interest earned on amounts in the Fund under subsection 
     (g).
       (c) Use of Fund.--The Fund shall be available for the 
     settlement of the consolidated lawsuits in accordance with 
     the following requirements:
       (1) The settlement shall be subject to preliminary and 
     final approval by the Court in accordance with rule 23(e) of 
     the Federal Rules of Civil Procedure.
       (2) Lead Counsel and Counsel for the United States of 
     America shall recommend to the Court reasonable procedures by 
     which the claims for monies from the Fund shall be 
     administered, which recommendations shall include 
     mechanisms--
       (A) to identify class members;
       (B) to receive claims from class members so identified;
       (C) to determine in accordance with subsection (d) eligible 
     claimants from among class members submitting claims; and
       (D) to resolve contests, if any, among eligible claimants 
     with respect to a particular eligible tract regarding the 
     disbursement of monies in the Fund with respect to such 
     eligible tract.
       (3) Lead Counsel and Counsel for the United States of 
     America shall provide evidence to the Court to assist the 
     Court in--
       (A) identifying each class member by name and whereabouts;
       (B) providing notice of the settlement process for the 
     consolidated lawsuits to each class member so identified; and
       (C) providing the forms, and describing the procedure, for 
     making claims to each class member so identified.
       (4) After the provision of notice to class members under 
     paragraph (3), if, within a time period to be established by 
     the Court, more than 10 percent of the class members submit 
     to the Court written notice of their determination to be 
     excluded from participation in the settlement of the 
     consolidated lawsuits--
       (A) the Fund shall not serve as the basis for the 
     settlement of the consolidated lawsuits and the provisions of 
     this section shall have no further force or effect; and
       (B) amounts in the Fund shall not be disbursed, but shall 
     be retained in the Treasury as miscellaneous receipts.
       (5) The Court may award attorney fees and expenses from the 
     Fund pursuant to rule 23 of the Federal Rules of Civil 
     Procedure, except that the award of attorney fees may not 
     exceed 20 percent of the Fund and the award of expenses may 
     not exceed 2 percent of the Fund. Any attorney fees and 
     expenses so paid shall be paid from the Fund before 
     distribution of the amount in the Fund to eligible claimants 
     entitled thereto.
       (6) The Fund shall be available to pay settlement awards in 
     accordance with the following:
       (A) The balance of the amount of the Fund that is available 
     for disbursement after any award of attorney fees and 
     expenses under paragraph (5) shall be allocated 
     proportionally by eligible tract according to its acreage as 
     compared with all eligible tracts.
       (B) The allocation for each eligible tract shall be 
     allocated pro rata among all eligible claimants having an 
     interest in such eligible tract according to the extent of 
     their interest in such eligible tract, as determined under 
     the laws of the State of New Mexico.
       (C) Payments from the Fund under this paragraph shall be 
     made by the Secretary of the Treasury.
       (7) Any amounts available for disbursement with respect to 
     an eligible tract that are not awarded to eligible claimants 
     with respect to that tract by reason of paragraph (6)(B) 
     shall be retained in the Treasury as miscellaneous receipts.

[[Page S7677]]

       (d) Eligible Claimants.--(1) For purposes of this section, 
     an eligible claimant is any class member determined by the 
     Court, by a preponderance of evidence and pursuant to 
     procedures established under subsection (c)(2), to be a 
     person or entity who held a fee simple ownership in an 
     eligible tract at the time of its acquisition by the United 
     States during World War II for use in the Manhattan Project, 
     or the heir, successor in interest, assignee, or beneficiary 
     of such a person or entity.
       (2) The status of a person or entity as an heir, successor 
     in interest, assignee, or beneficiary for purposes of this 
     subsection shall be determined under the laws of the State of 
     New Mexico, including the descent and distribution law of the 
     State of New Mexico.
       (e) Full Resolution of Claims Against United States.--(1) 
     The acceptance of a disbursement from the Fund by an eligible 
     claimant under this section shall constitute a final and 
     complete release of the defendants in the consolidated 
     lawsuits with respect to such eligible claimant, and shall be 
     in full satisfaction of any and all claims of such eligible 
     claimant against the United States arising out of acts 
     described in the consolidated lawsuits.
       (2) Upon the disbursement of the amount in the Fund to 
     eligible claimants entitled thereto under this section, the 
     Court shall, subject to the provisions of rule 23(e) of the 
     Federal Rules of Civil Procedure, enter a final judgment 
     dismissing with prejudice the consolidated lawsuits and all 
     claims and potential claims on matters covered by the 
     consolidated lawsuits.
       (f) Compensation Limited to Amounts in Fund.--(1) An 
     eligible claimant may be paid under this section only from 
     amounts in the Fund.
       (2) Nothing in this section shall authorize the payment to 
     a class member by the United States Government of any amount 
     authorized by this section from any source other than the 
     Fund.
       (g) Investment of Fund.--(1) The Secretary of the Treasury 
     shall, in accordance with the requirements of section 9702 of 
     title 31, United States Code, and the provisions of this 
     subsection, direct the form and manner by which the Fund 
     shall be safeguarded and invested so as to maximize its 
     safety while earning a return comparable to other common 
     funds in which the United States Treasury is the source of 
     payment.
       (2) Interest on the amount deposited in the Fund shall 
     accrue from the date of the enactment of the Act 
     appropriating amounts for deposit in the Fund until the date 
     on which the Secretary of the Treasury disburses the amount 
     in the Fund to eligible claimants who are entitled thereto 
     under subsection (c).
       (h) Preservation of Records.--(1) All documents, personal 
     testimony, and other records created or received by the Court 
     in the consolidated lawsuits shall be kept and maintained by 
     the Archivist of the United States, who shall preserve such 
     documents, testimony, and records in the National Archives of 
     the United States.
       (2) The Archivist shall make available to the public the 
     materials kept and maintained under paragraph (1).
       (i) Definitions.--In this section:
       (1) The term ``Court'' means the United States District 
     Court for the District of New Mexico having jurisdiction over 
     the consolidated lawsuits.
       (2) The term ``consolidated lawsuits'' means the two 
     lawsuits in the United States District Court for the District 
     of New Mexico consolidated as Civ. No. 00-60.
       (3)(A) The term ``eligible tract'' means private real 
     property located on the Pajarito Plateau of what is now Los 
     Alamos County, New Mexico, that was acquired by the United 
     States during World War II for use in the Manhattan Project 
     and which is the subject of the consolidated lawsuits.
       (B) The term does not include lands of the Los Alamos Ranch 
     School and of the A.M. Ross Estate (doing business as Anchor 
     Ranch).
       (4) The term ``class member'' means the following:
       (A) Any person or entity who claims to have held a fee 
     simple ownership in an eligible tract at the time of its 
     acquisition by the United States during World War II for use 
     in the Manhattan Project.
       (B) Any person or entity claiming to be the heir, successor 
     in interest, assignee, or beneficiary of a person or entity 
     who held a fee simple ownership in an eligible tract at the 
     time of its acquisition by the United States during World War 
     II for use in the Manhattan Project.
       (j) Funding.--Of the amount authorized to be appropriated 
     by section 3101(a)(4) for the National Nuclear Security 
     Administration for the Office of the Administrator for 
     Nuclear Security, $10,000,000 shall be available for deposit 
     in the Fund under subsection (b)(1).

 Subtitle E--Energy Employees Occupational Illness Compensation Program

     SEC. 3151. COVERAGE OF INDIVIDUALS EMPLOYED AT ATOMIC WEAPONS 
                   EMPLOYER FACILITIES DURING PERIODS OF RESIDUAL 
                   CONTAMINATION.

       (a) Coverage.--Paragraph (3) of section 3621 of the Energy 
     Employees Occupational Illness Compensation Program Act of 
     2000 (title XXXVI of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398); 42 U.S.C. 7384l) is amended to read 
     as follows:
       ``(3) The term `atomic weapons employee' means any of the 
     following:
       ``(A) An individual employed by an atomic weapons employer 
     during a period when the employer was processing or 
     producing, for the use by the United States, material that 
     emitted radiation and was used in the production of an atomic 
     weapon, excluding uranium mining and milling.
       ``(B) An individual employed--
       ``(i) at a facility with respect to which the National 
     Institute for Occupational Safety and Health, in its report 
     dated October 2003 and titled `Report on Residual Radioactive 
     and Beryllium Contamination at Atomic Weapons Employer 
     Facilities and Beryllium Vendor Facilities', or any update to 
     that report, found that there is a potential for significant 
     residual contamination outside of the period in which 
     weapons-related production occurred;
       ``(ii) by an atomic weapons employer or subsequent owner or 
     operators of a facility described in clause (i); and
       ``(ii) during a period, as specified in such report or any 
     update to such report, of potential for significant residual 
     radioactive contamination at such facility.''.

     SEC. 3152. UPDATE OF REPORT ON RESIDUAL CONTAMINATION OF 
                   FACILITIES.

       (a) Update of Report.--Not later than December 31, 2006, 
     the Director of the National Institute for Occupational 
     Safety and Health shall submit to Congress an update to the 
     report required by section 3151(b) of the National Defense 
     Authorization Act for Fiscal Year 2002 (Public Law 107-107; 
     42 U.S.C. 7384 note).
       (b) Elements.--The update shall--
       (1) for each facility for which such report found that 
     insufficient information was available to determine whether 
     significant residual contamination was present, determine 
     whether significant residual contamination was present;
       (2) for each facility for which such report found that 
     significant residual contamination remained present as of the 
     date of the report, determine the date on which such 
     contamination ceased to be present;
       (3) for each facility for which such report found that 
     significant residual contamination was present but for which 
     the Director has been unable to determine the extent to which 
     such contamination is attributable to atomic weapons-related 
     activities, identify the specific dates of coverage 
     attributable to such activities and, in so identifying, 
     presume that such contamination is attributable to such 
     activities until there is evidence of decontamination of 
     residual contamination identified with atomic weapons-related 
     activities; and
       (4) if new information that pertains to the report has been 
     made available to the Director since that report was 
     submitted, identify and describe such information.
       (c) Publication.--The Director shall ensure that the report 
     referred to in subsection (a) is published in the Federal 
     Register not later than 15 days after being released.

     SEC. 3153. WORKERS COMPENSATION.

       (a) In General.--Subtitle D of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (title 
     XXXVI of the Floyd D. Spence National Defense Authorization 
     Act for Fiscal Year 2001 (as enacted into law by Public Law 
     106-398); 42 U.S.C. 7385o) is amended to read as follows:

                   ``Subtitle D--Workers Compensation

     ``SEC. 3661. COVERED DEPARTMENT OF ENERGY CONTRACTOR 
                   EMPLOYEES.

       ``(a) In General.--In this subtitle, the term `covered 
     Department of Energy contractor employee' means any 
     Department of Energy contractor employee determined under 
     section 3663 to have contracted an occupational illness or 
     covered illness through exposure at a Department of Energy 
     facility.
       ``(b) Exclusion of Illness Through Exposure After 
     Commencement of New Program.--For purposes of this subtitle, 
     an occupational illness or covered illness shall not include 
     any illness contracted by a Department of Energy contractor 
     employee through exposure at a Department of Energy facility 
     if the exposure occurs after the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2005.

     ``SEC. 3662. WORKERS COMPENSATION.

       ``(a) In General.--Except as provided in subsection (b), a 
     covered Department of Energy contractor employee, or the 
     survivor of a covered Department of Energy contractor 
     employee if the covered Department of Energy contractor 
     employee is deceased, shall receive workers compensation in 
     an amount determined under section 3664.
       ``(b) Election To Proceed Under State Workers' Compensation 
     System.--(1) A Department of Energy contractor employee 
     otherwise covered by this section may elect to seek workers' 
     compensation under the appropriate State workers' 
     compensation system for the occupational illness or covered 
     illness of the covered Department of Energy contractor 
     employee rather than seek workers compensation for the 
     occupational illness or covered illness, as the case may be, 
     under this subtitle.
       ``(2) Any Department of Energy contractor employee making 
     an election under paragraph (1) who becomes entitled to 
     workers' compensation under the appropriate State workers' 
     compensation system following an election under that 
     paragraph is not entitled to receive workers compensation 
     under this subtitle.
       ``(c) Funding.--The Secretary of Labor shall make payments 
     of workers compensation under this section from amounts 
     authorized to be appropriated for such purpose under section 
     3670.

[[Page S7678]]

     ``SEC. 3663. DETERMINATIONS REGARDING CONTRACTION OF 
                   OCCUPATIONAL OR COVERED ILLNESSES.

       ``(a) Employees Covered by Previous Determination of 
     Entitlement to Compensation and Benefits.--(1) A Department 
     of Energy contractor employee who has been determined to be 
     entitled to compensation and benefits for an occupational 
     illness contracted in the performance of duty at a Department 
     of Energy facility under subtitle B shall be treated as 
     having contracted the occupational illness through exposure 
     at the Department of Energy facility for purposes of this 
     subtitle.
       ``(2) A determination, pursuant to activities under 
     paragraph (2) of section 3163(d) of the National Defense 
     Authorization Act for Fiscal Year 2005 before or during the 
     period of transition of administration of this subtitle to 
     the Department of Labor under paragraph (1) of such section, 
     that an individual contracted an occupational illness through 
     exposure at a Department of Energy facility for purposes of 
     this subtitle shall be valid for purposes of this subtitle.
       ``(b) Other Employees.--In the case of a Department of 
     Energy contractor employee not previously covered by a 
     determination described in subsection (a) with respect to an 
     occupational illness, the Department of Energy contractor 
     employee shall be determined to have contracted an illness 
     (in this subtitle referred to as a `covered illness') through 
     exposure at a Department of Energy facility for purposes of 
     this subtitle if--
       ``(1) it is at least as likely as not that exposure to a 
     toxic substance was a significant factor in aggravating, 
     contributing to, or causing the illness; and
       ``(2) it is at least as likely as not that the exposure to 
     such toxic substance was related to employment at a 
     Department of Energy facility.
       ``(c) Determinations Regarding Employees Not Previously 
     Covered by Determination of Entitlement.--(1) The Secretary 
     of Labor shall make each determination under subsection (b) 
     as to whether or not a Department of Energy contractor 
     employee described in that subsection contracted a covered 
     illness related to employment at a Department of Energy 
     facility.
       ``(2) The Secretary may utilize the services of physicians 
     for purposes of making determinations under this subsection. 
     Any physicians so utilized shall possess appropriate 
     expertise and experience in the evaluation and diagnosis of 
     illnesses aggravated, contributed to, or caused by exposure 
     to toxic substances.
       ``(3) The Secretary may secure the services of physicians 
     under this subsection through the appointment of physicians 
     or by contract.
       ``(4) The Secretary shall consult with the Secretary of 
     Health and Human Services before utilizing the services of 
     physicians for purposes of making determinations under this 
     subsection.

     ``SEC. 3664. AMOUNT OF WORKERS COMPENSATION.

       ``(a) In General.--The amount of workers compensation 
     payable to a covered Department of Energy contractor 
     employee, or the eligible survivors of a covered Department 
     of Energy contractor employee, for an occupational illness or 
     covered illness under section 3662 is the amount of workers' 
     compensation to which the Department of Energy contractor 
     employee, or the eligible survivors, respectively, would 
     otherwise be entitled for the occupational illness or covered 
     illness, as the case may be, under the appropriate State 
     workers' compensation system.
       ``(b) Inapplicability of Certain State Workers' 
     Compensation System Limitations.--The amount of workers' 
     compensation to which a covered Department of Energy 
     contractor employee would otherwise be entitled under 
     subsection (a) shall be determined without regard to any 
     requirements under the appropriate State workers' 
     compensation system for each of the following:
       ``(1) Statutes of limitation, or other rules limiting 
     compensation to claims filed within a specified period after 
     last exposure to a toxic substance or after last employment 
     by an employer where the employee was exposed to a toxic 
     substance.
       ``(2) Exposure rules, including minimum periods of exposure 
     to toxic substances.
       ``(3) Causation rules more stringent that the standard in 
     section 3663(b).
       ``(4) Burdens of proof, quantum of proof standards, or both 
     more stringent than the standard in section 3663(b).
       ``(5) Return to work requirements, including obligations to 
     participate in vocational rehabilitation and medical 
     examinations connected with the ability to return to work.
       ``(6) Medical examinations in addition to medical 
     examinations required by the Secretary of Labor for the 
     application of section 3663 in determining causation or 
     required by the Secretary of Labor for the application of 
     subsection (c) in determining the amount of workers' 
     compensation payable.
       ``(c) Determination of Amount.--(1) The Secretary of Labor 
     shall determine the amount of workers compensation payable to 
     each covered Department of Energy contractor employee under 
     section 3662.
       ``(2)(A) The Secretary may utilize the assistance of the 
     workers' compensation system personnel of any State in making 
     determinations under paragraph (1).
       ``(B) The utilization of assistance under subparagraph (A) 
     shall be in accordance with an agreement entered into by the 
     Secretary and the chief executive officer of the State 
     concerned.
       ``(C) An agreement under subparagraph (B) may provide for 
     the Secretary to reimburse the State concerned for the costs 
     of the State in providing assistance under the agreement.
       ``(3)(A) The Secretary may utilize the services of 
     physicians for purposes of making determinations under this 
     subsection.
       ``(B) Any physicians utilized under subparagraph (A) shall 
     possess appropriate expertise and experience in the 
     evaluation and determination of the extent of permanent 
     physical impairments.
       ``(C) The Secretary may secure the services of physicians 
     under subparagraph (A) through the appointment of physicians 
     or by contract.

     ``SEC. 3665. MEDICAL BENEFITS.

       ``(a) In General.--A Department of Energy contractor 
     employee eligible for workers compensation for an 
     occupational illness or covered illness under this subtitle 
     shall be furnished medical benefits specified in section 3629 
     for the occupational illness or covered illness, as the case 
     may be, to the same extent, and under the same conditions and 
     limitations, as an individual eligible for medical benefits 
     under that section is furnished medical benefits under that 
     section.
       ``(b) Funding.--Amounts for payments for medical benefits 
     under this section shall be derived from amounts authorized 
     to be appropriated for such purpose under section 3670.

     ``SEC. 3666. REVIEW OF CERTAIN DETERMINATIONS.

       ``(a) Status as Department of Energy Contractor Employee.--
     An individual may seek the review of a determination that the 
     individual is not a Department of Energy contractor employee.
       ``(b) Eligibility and Amount of Workers Compensation.--A 
     Department of Energy contractor employee may seek the review 
     of any determination as follows:
       ``(1) A determination under section 3663(b) that the 
     Department of Energy contractor employee is not a covered 
     Department of Energy contractor employee.
       ``(2) A determination under 3664 of the amount of workers 
     compensation payable to the Department of Energy contractor 
     employee under section 3662.
       ``(c) Review.--(1) The review of a determination under 
     subsection (a) or (b) shall be conducted by the Secretary of 
     Labor in accordance with procedures applicable for the review 
     of claims under sections 30.310 through 30.320 of title 20, 
     Code of Federal Regulations, or any successor regulations.
       ``(2)(A) The review of a determination under subsection 
     (b)(1) shall include review by a physician or physician 
     panel.
       ``(B) Each physician or physician on a panel under 
     subparagraph (A) shall be a physician with experience and 
     competency in diagnosing illnesses aggravated, contributed 
     to, or caused by exposure to toxic substances.
       ``(C) The Secretary of Labor may investigate any allegation 
     that a physician appointed under this paragraph has a 
     conflict of interest. If the Secretary of Labor determines 
     that a conflict of interest exists, the Secretary shall 
     notify the Secretary of Health and Human Services, who shall 
     review the allegation.
       ``(D) Each review by a physician or physician panel under 
     subparagraph (A) shall be conducted in accordance with such 
     procedures as the Secretary shall prescribe.
       ``(3)(A) The results of each review under this subsection 
     shall be submitted to the Secretary.
       ``(B) The Secretary shall accept the results of any portion 
     of a review under this subsection that consists of a review 
     by a physician or physician panel under paragraph (2) unless 
     there is substantial evidence to the contrary.
       ``(d) Reversal of Determinations.--Except as provided in 
     subsection (c)(3)(B), the Secretary of Labor may vacate or 
     reverse any determination described in subsection in 
     subsection (a) or (b) if the Secretary determines, as the 
     result of a review of such determination under subsection 
     (c), that such determination was erroneous.

     ``SEC. 3667. ATTORNEY FEES.

       ``(a) In General.--Except as provided in subsection (b), 
     the provisions of section 3648 shall apply to the 
     availability of attorney fees for assistance on a claim under 
     this subtitle to the same extent, and subject to the same 
     conditions and limitations, that such provisions apply to the 
     availability of attorney fees for assistance on a claim under 
     subtitle B.
       ``(b) Attorney Fee Schedule.--(1) The Secretary of Labor 
     may, by regulation, modify the application of section 3648 to 
     the availability of attorney fees under this subtitle to 
     establish a schedule for attorney fees under this subtitle 
     that will ensure representation of claimants and appropriate 
     compensation for such representation.
       ``(2) The amount of attorney fees for assistance on claims 
     under the schedule of attorney fees shall take into 
     appropriate account the nature and complexity of the legal 
     issues involved in such claims and the procedural level at 
     which assistance is given.

     ``SEC. 3668. ADMINISTRATIVE MATTERS.

       ``(a) In General.--The Secretary of Labor shall administer 
     the provisions of this subtitle.
       ``(b) Contract Authority.--(1) The Secretary may enter into 
     contracts with appropriate persons and entities in order to 
     administer the provisions of this subtitle.

[[Page S7679]]

       ``(2) The authority of the Secretary to enter into 
     contracts under this subtitle shall be effective in any 
     fiscal year only to the extent and in such amount as are 
     provided in advance in appropriations Acts.
       ``(c) Records.--(1)(A) The Secretary of Energy shall 
     provide to the Secretary of Labor all records, files, and 
     other data, whether paper, electronic, imaged, or otherwise, 
     developed by the Secretary of Energy that are applicable to 
     the administration of the provisions of this subtitle by the 
     Secretary of Labor, including records, files, and data on 
     facility industrial hygiene, employment of individuals or 
     groups, exposure and medical records, and claims 
     applications.
       ``(B) In providing records, files, and other data under 
     this paragraph, the Secretary of Energy shall preserve the 
     current organization of such records, files, and other data, 
     and shall provide such description and indexing of such 
     records, files, and other data as the Secretary of Energy and 
     the Secretary of Labor jointly consider appropriate to 
     facilitate their use by the Secretary of Labor for purposes 
     of this subtitle.
       ``(2) The Secretary of Energy and the Secretary of Labor 
     shall jointly undertake such actions as are appropriate to 
     retrieve records applicable to the claims of Department of 
     Energy contractor employees for workers compensation under 
     this subtitle, including employment records, records of 
     exposure to beryllium, radiation, silicon, or metals or 
     volatile organic chemicals, and records regarding medical 
     treatment.
       ``(d) Regulations.--The Secretary of Labor shall prescribe 
     regulations necessary for the administration of the 
     provisions of this subtitle.

     ``SEC. 3669. OFFICE OF OMBUDSMAN.

       ``(a) Establishment.--There is established in the 
     Department of Labor an office to be known as the `Office of 
     the Ombudsman' (in this section referred to as the `Office').
       ``(b) Head.--The head of the Office shall be the Ombudsman. 
     The individual serving as Ombudsman shall be either of the 
     following:
       ``(1) An officer or employee of the Department of Labor 
     designated by the Secretary for purposes of this section from 
     among officers and employees of the Department who have 
     experience and expertise necessary to carry out the duties of 
     the Office specified in subsection (c).
       ``(2) An individual employed by the Secretary from the 
     private sector from among individuals in the private sector 
     who have experience and expertise necessary to carry out the 
     duties of the Office specified in subsection (c).
       ``(c) Duties.--The duties of the Office shall be as 
     follows:
       ``(1) To assist individuals in making claims under this 
     subtitle.
       ``(2) To provide information on the benefits available 
     under this subtitle and on the requirements and procedures 
     applicable to the provision of such benefits.
       ``(3) To act as an advocate on behalf of individuals 
     seeking benefits under this subtitle.
       ``(4) To make recommendations to the Secretary regarding 
     the location of centers (to be known as `resource centers') 
     for the acceptance and development of claims for benefits 
     under this subtitle.
       ``(5) To carry out such other duties with respect to this 
     subtitle as the Secretary shall specify for purposes of this 
     section.
       ``(d) Independent Office.--The Secretary shall take 
     appropriate actions to ensure the independence of the Office 
     within the Department of Labor, including independence from 
     other officers and employees of the Department engaged in 
     activities relating to the administration of the provisions 
     of this subtitle.
       ``(e) Annual Report.--(1) Not later than February 15 each 
     year, the Ombudsman shall submit to Congress a report on 
     activities under this subtitle.
       ``(2) Each report under paragraph (1) shall set forth the 
     following:
       ``(A) The number and types of complaints, grievances, and 
     requests for assistance received by the Ombudsman under this 
     subtitle during the preceding year.
       ``(B) An assessment of the most common difficulties 
     encountered by claimants and potential claimants under this 
     subtitle during the preceding year.
       ``(C) Such recommendations as the Ombudsman considers 
     appropriate for the improvement of the practices of the 
     Department of Labor in administering this subtitle.
       ``(D) Such recommendations at the Ombudsman considers 
     appropriate for modifying the authorities and requirements of 
     this subtitle in order to better address the workers 
     compensation interests of covered Department of Energy 
     contractor employees and others, as determined by the 
     Ombudsman, meriting benefits under this subtitle.
       ``(3) No official of the Department of Labor, or of any 
     other department or agency of the Federal Government, may 
     require the review or approval of a report of the Ombudsman 
     under this subsection before the submittal of such report to 
     Congress.
       ``(f) Outreach.--The Secretary of Labor and the Secretary 
     of Health and Human Services shall each undertake outreach to 
     advise the public of the existence and duties of the Office.

     ``SEC. 3670. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Labor for fiscal year 
     2005 and each fiscal year thereafter such sums as may be 
     necessary in such fiscal year for--
       ``(1) the provision of compensation and benefits under this 
     subtitle; and
       ``(2) the administration of the provisions of this 
     subtitle.
       ``(b) Availability Without Fiscal Year Limitation.--Amounts 
     authorized to be appropriated by subsection (a) shall remain 
     available without fiscal year limitation.
       ``(c) Availability of Amounts Subject to Appropriations 
     Acts.--The authority to provide compensation and benefits 
     under this subtitle shall be effective in any fiscal year 
     only to the extent and in such amounts as are provided in 
     advance in appropriations Acts.''.
       (b) Conforming Amendment.--Section 3643 of the Energy 
     Employees Occupational Illness Compensation Program Act of 
     2000 (42 U.S.C. 7385b) is amended by striking ``The 
     acceptance'' and inserting ``Except as provided in subtitle 
     D, the acceptance''.
       (c) Regulations.--The Secretary of Labor shall prescribe 
     the regulations required by section 3668(d) of the Energy 
     Employees Occupational Illness Compensation Program Act of 
     2000, as amended by this section, not later than 120 days 
     after the date of the enactment of this Act. The Secretary 
     may prescribe interim final regulations necessary to meet the 
     deadlines specified in the preceding sentence and subsection 
     (d)(1).
       (d) Transition.--(1) The Secretary of Labor shall commence 
     the administration of the provisions of subtitle D of the 
     Energy Employees Occupational Illness Compensation Program 
     Act of 2000, as amended by this section, not later than 180 
     days after the date of the enactment of this Act.
       (2) The Secretary of Energy and the Secretary of Labor 
     shall jointly take such actions as are appropriate--
       (A) to identify the activities under subtitle D of the 
     Energy Employees Occupational Illness Compensation Program 
     Act of 2000, as in effect on the day before the date of the 
     enactment of this Act, that will continue under that 
     subtitle, as amended by this section, upon the commencement 
     of the administration of that subtitle, as so amended, by the 
     Secretary of Labor under paragraph (1); and
       (B) to ensure the continued discharge of such activities 
     until the commencement of the administration of that 
     subtitle, as so amended, by the Secretary of Labor under 
     paragraph (1).
       (3)(A) In carrying out activities under paragraph (2), the 
     Secretary of Energy shall only conduct a causation review on 
     a claim if the claim is completely prepared and awaiting 
     review as of the date of the enactment of this Act.
       (B) Activities under paragraph (2) on any claim covered by 
     such activities that is not described by subparagraph (A) 
     shall be carried out by the Secretary of Labor.
       (e) Provision of Records.--The Secretary of Energy shall, 
     to the maximum extent practicable, complete the provision of 
     records to the Secretary of Labor under section 3668(c)(1) of 
     the Energy Employees Occupational Illness Compensation 
     Program Act of 2000, as amended by this section, not later 
     than 60 days after the date of the enactment of this Act.
       (f) Site Profiles.--(1)(A) The Secretary of Labor shall 
     prepare a site profile for each of the 14 Department of 
     Energy facilities that have received the most number of 
     claims for compensation and benefits under subtitle D of the 
     Energy Employees Occupational Illness Compensation Program 
     Act of 2000 as of the date of the enactment of this Act.
       (B) The Secretary of Labor shall prepare a site profile 
     under subparagraph (A) utilizing the former worker medical 
     screening programs of the Department of Energy.
       (2) If the Secretary of Labor determines that the 
     preparation of a site profile for a facility cannot be 
     performed under paragraph (1) because no worker medical 
     screening activities occurred for the facility, or that 
     preparation of the profile is otherwise impracticable, the 
     site profile for the facility shall be prepared by the 
     National Institute of Occupational Safety and Health.
       (3) All site profiles required by this subsection shall be 
     completed not later than 210 days after the date of the 
     enactment of this Act.
       (4) The Secretary of Energy shall provide the Secretary of 
     Labor with any support that the Secretary of Labor considers 
     necessary for carrying out this subsection.
       (5) In this subsection, the term ``site profile'', in the 
     case of a Department of Energy facility, means an exposure 
     assessment that--
       (A) identifies any processes and toxic substances used in 
     the facility;
       (B) establishes the times in which such toxic substances 
     were used in the facility; and
       (C) establishes the degree of exposure to such toxic 
     substances taking into account available records and studies 
     and information on such processes and toxic substances.
       (g) Sense of Congress.--It is the sense of Congress that 
     the Secretary of Energy should--
       (1) adopt a policy not to oppose any final positive 
     determinations with respect to injured workers at Department 
     of Energy facilities and atomic weapons employer facilities 
     under State adjudication systems unless such determinations 
     are frivolous; and
       (2) incorporate the policy referred to in paragraph (1) in 
     all Department of Energy contracts with non-Federal 
     government entities to which such policy could apply.
       (h) Funding for Administration in Fiscal Year 2005.--(1) Of 
     the amount authorized to

[[Page S7680]]

     be appropriated for fiscal year 2005 by section 3102(a)(1) 
     for environmental management for defense site acceleration 
     completion, $2,000,000 shall be available for purposes of the 
     administration of the provisions of subtitle D of the Energy 
     Employees Occupational Illness Compensation Program Act of 
     2000, as amended by this section, during fiscal year 2005.
       (2) The Secretary of Energy shall transfer to the Secretary 
     of Labor the amount available under paragraph (1) for the 
     purposes specified in that paragraph.
       (3) The Secretary of Labor shall utilize amounts 
     transferred to the Secretary under paragraph (2) for the 
     purposes specified in paragraph (1).

     SEC. 3154. TERMINATION OF EFFECT OF OTHER ENHANCEMENTS OF 
                   ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 
                   COMPENSATION PROGRAM.

       Notwithstanding any other provision of this Act, section 
     3143, relating to enhancements of the Energy Employees 
     Occupational Illness Compensation Program, shall have no 
     force or effect, and the amendments specified in such section 
     shall not be made.

     SEC. 3155. SENSE OF SENATE ON RESOURCE CENTER FOR ENERGY 
                   EMPLOYEES UNDER ENERGY EMPLOYEE OCCUPATIONAL 
                   ILLNESS COMPENSATION PROGRAM IN WESTERN NEW 
                   YORK AND WESTERN PENNSYLVANIA REGION.

       (a) Findings.--The Senate makes the following findings:
       (1) New York has 36 current or former Department of Energy 
     facilities involved in nuclear weapons production-related 
     activities statewide, mostly atomic weapons employer 
     facilities, and 14 such facilities in western New York. 
     Despite having one of the greatest concentrations of such 
     facilities in the United States, western New York, and 
     abutting areas of Pennsylvania, continue to be severely 
     underserved by the Energy Employees Occupational Illness 
     Compensation Program under the Energy Employees Occupational 
     Illness Compensation Program Act of 2000 (title XXXVI of the 
     Floyd D. Spence National Defense Authorization Act for Fiscal 
     Year 2001 (as enacted into law by Public Law 106-398); 42 
     U.S.C. 7384 et seq.).
       (2) The establishment of a permanent resource center in 
     western New York would represent a substantial step toward 
     improving services under the Energy Employees Occupational 
     Illness Compensation Program for energy employees in this 
     region.
       (3) The number of claims submitted to the Department under 
     subtitle B of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 from the western New York 
     region, including western Pennsylvania, exceeds the number of 
     such claims filed at resource centers in Hanford, Washington, 
     Portsmouth, Ohio, Los Alamos, New Mexico, the Nevada Test 
     Site, Nevada, the Rocky Flats Environmental Technology Site, 
     Colorado, the Idaho National Engineering Laboratory, Idaho, 
     and the Amchitka Test Site, Alaska.
       (4) Energy employees in the western New York region, 
     including western Pennsylvania, deserve assistance under 
     subtitle B of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 commensurate with the 
     assistance provided energy employees at other locations in 
     the United States.
       (b) Sense of Senate.--It is the sense of the Senate to 
     encourage the Office of Ombudsman of the Department of Labor, 
     as established by section 3669 of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (as 
     amended by section 3163 of this Act), to--
       (1) review the availability of assistance under subtitle B 
     of the Energy Employees Occupational Illness Compensation 
     Program Act of 2000 for energy employees in the western New 
     York region, including western Pennsylvania; and
       (2) recommend a location in that region for a resource 
     center to provide such assistance to such energy employees.

     SEC. 3156. REVIEW BY CONGRESS OF INDIVIDUALS DESIGNATED BY 
                   PRESIDENT AS MEMBERS OF COHORT.

       Section 3621(14)(C)(ii) of that Act (42 U.S.C. 10 
     7384l(14)(C)(ii)) is amended by striking ``180 days'' and 
     inserting ``60 days.''

     SEC. 3157. INCLUSION OF CERTAIN FORMER NUCLEAR WEAPONS 
                   PROGRAM WORKERS IN SPECIAL EXPOSURE COHORT 
                   UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 
                   COMPENSATION PROGRAM.

       (a) Findings.--Congress makes the following findings:
       (1) Energy workers at the former Mallinkrodt facilities 
     (including the St. Louis downtown facility and the Weldon 
     Springs facility) were exposed to levels of radionuclides and 
     radioactive materials that were much greater than the current 
     maximum allowable Federal standards.
       (2) The Mallinkrodt workers at the St. Louis site were 
     exposed to excessive levels of airborne uranium dust relative 
     to the standards in effect during the time, and many workers 
     were exposed to 200 times the preferred levels of exposure.
       (3)(A) The chief safety officer for the Atomic Energy 
     Commission during the Mallinkrodt-St. Louis operations 
     described the facility as 1 of the 2 worst plants with 
     respect to worker exposures.
       (B) Workers were excreting in excess of a milligram of 
     uranium per day causing kidney damage.
       (C) A recent epidemiological study found excess levels of 
     nephritis and kidney cancer from inhalation of uranium dusts.
       (4) The Department of Energy has admitted that those 
     Mallinkrodt workers were subjected to risks and had their 
     health endangered as a result of working with these highly 
     radioactive materials.
       (5) The Department of Energy reported that workers at the 
     Weldon Springs feed materials plant handled plutonium and 
     recycled uranium, which are highly radioactive.
       (6) The National Institute of Occupational Safety and 
     Health admits that--
       (A) the operations at the St. Louis downtown site consisted 
     of intense periods of processing extremely high levels of 
     radionuclides; and
       (B) the Institute has virtually no personal monitoring data 
     for Mallinkrodt workers prior to 1948.
       (7) The National Institute of Occupational Safety and 
     Health has informed claimants and their survivors at those 3 
     Mallinkrodt sites that if they are not interviewed as a part 
     of the dose reconstruction process, it--
       (A) would hinder the ability of the Institute to conduct 
     dose reconstruction for the claimant; and
       (B) may result in a dose reconstruction that incompletely 
     or inaccurately estimates the radiation dose to which the 
     energy employee named in the claim had been exposed.
       (8) Energy workers at the Iowa Army Ammunition Plant (also 
     known as the Burlington Atomic Energy Commission Plant and 
     the Iowa Ordnance Plant) between 1947 and 1975 were exposed 
     to levels of radionuclides and radioactive material, 
     including enriched uranium, plutonium, tritium, and depleted 
     uranium, in addition to beryllium and photon radiation, that 
     are greater than the current maximum Federal standards for 
     exposure.
       (9) According to the National Institute of Occupational 
     Safety and Health--
       (A) between 1947 and 1975, no records, including bioassays 
     or air samples, have been located that indicate any 
     monitoring occurred of internal doses of radiation to which 
     workers described in paragraph (8) were exposed;
       (B) between 1947 and 1955, no records, including dosimetry 
     badges, have been located to indicate that any monitoring 
     occurred of the external doses of radiation to which such 
     workers were exposed;
       (C) between 1955 and 1962, records indicate that only 8 to 
     23 workers in a workforce of over 1,000 were monitored for 
     external radiation doses; and
       (D) between 1970 and 1975, the high point of screening at 
     the Iowa Army Ammunition Plant, only 25 percent of the 
     workforce was screened for exposure to external radiation.
       (10) The Department of Health and Human Services published 
     the first notice of proposed rulemaking concerning the 
     Special Exposure Cohort on June 25, 2002, and the final rule 
     published on May 26, 2004.
       (11) Many of those former workers have died while waiting 
     for the proposed rule to be finalized, including some 
     claimants who were waiting for dose reconstruction to be 
     completed.
       (12) Because of the aforementioned reasons, including the 
     serious lack of records and the death of many potential 
     claimants, it is not feasible to conduct valid dose 
     reconstructions for the Iowa Army Ammunition Plant facility 
     or the Mallinkrodt facilities.
       (b) Inclusion of Certain Former Workers in Cohort.--Section 
     3621(14) of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 (title XXXVI of the Floyd D. 
     Spence National Defense Authorization Act for Fiscal Year 
     2001 (as enacted into law by Public Law 106-398); 42 U.S.C. 
     7384l(14)) is amended--
       (1) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (2) by inserting after subparagraph (B) the following new 
     subparagraph (C):
       ``(C) Subject to the provisions of section 3612A and 
     section 3146(e) of the National Defense Authorization Act for 
     Fiscal Year 2005, the employee was so employed for a number 
     of work days aggregating at least 45 workdays at a facility 
     operated under contract to the Department of Energy by 
     Mallinkrodt Incorporated or its successors (including the St. 
     Louis downtown or `Destrehan' facility during any of calendar 
     years 1942 through 1958 and the Weldon Springs feed materials 
     plant facility during any of calendar years 1958 through 
     1966), or at a facility operated by the Department of Energy 
     or under contract by Mason & Hangar-Silas Mason Company at 
     the Iowa Army Ammunition Plant (also known as the Burlington 
     Atomic Energy Commission Plant and the Iowa Ordnance Plant) 
     during any of the calendar years 1947 through 1975, and 
     during the employment--
       ``(i)(I) was monitored through the use of dosimetry badges 
     for exposure at the plant of the external parts of an 
     employee's body to radiation; or
       ``(II) was monitored through the use of bioassays, in vivo 
     monitoring, or breath samples for exposure at the plant to 
     internal radiation; or
       ``(ii) worked in a job that had exposures comparable to a 
     job that is monitored, or should have been monitored, under 
     standards of the Department of Energy in effect on the date 
     of enactment of this subparagraph through the use of 
     dosimetry badges for monitoring external radiation exposures, 
     or bioassays, in vivo monitoring, or breath samples for 
     internal radiation exposures, at a facility.''.

[[Page S7681]]

       (c) Funding of Compensation and Benefits.--(1) Such Act is 
     further amended by inserting after section 3612 the following 
     new section:

     ``SEC. 3612A. FUNDING FOR COMPENSATION AND BENEFITS FOR 
                   CERTAIN MEMBERS OF THE SPECIAL EXPOSURE COHORT.

       ``(a) Authorization of Appropriations.--There is hereby 
     authorized to be appropriated to the Department of Labor for 
     each fiscal year after fiscal year 2004 such sums as may be 
     necessary for the provision of compensation and benefits 
     under the compensation program for members of the Special 
     Exposure Cohort described in section 3621(14)(C) in such 
     fiscal year.
       ``(b) Prohibition on Use for Administrative Costs.--(1) No 
     amount authorized to be appropriated by subsection (a) may be 
     utilized for purposes of carrying out the compensation 
     program for the members of the Special Exposure Cohort 
     referred to in that subsection or administering the amount 
     authorized to be appropriated by subsection (a).
       ``(2) Amounts for purposes described in paragraph (1) shall 
     be derived from amounts authorized to be appropriated by 
     section 3614(a).
       ``(c) Provision of Compensation and Benefits Subject to 
     Appropriations Acts.--The provision of compensation and 
     benefits under the compensation program for members of the 
     Special Exposure Cohort referred to in subsection (a) in any 
     fiscal year shall be subject to the availability of 
     appropriations for that purpose for such fiscal year and to 
     applicable provisions of appropriations Acts.''.
       (2) Section 3612(d) of such Act (42 U.S.C. 7384e(d)) is 
     amended--
       (A) by inserting ``(1)'' before ``Subject''; and
       (B) by adding at the end the following new paragraph:
       ``(2) Amounts for the provision of compensation and 
     benefits under the compensation program for members of the 
     Special Exposure Cohort described in section 3621(14)(C) may 
     be derived from amounts authorized to be appropriated by 
     section 3612A(a).''.
       (d) Offset.--The total amount authorized to be appropriated 
     under subtitle A of this title is hereby reduced by 
     $61,000,000.
       (e) Certification.--Funds shall be available to pay claims 
     approved by the National Institute of Occupational Safety and 
     Health for a facility by reason of section 3621(14)(C) of the 
     Energy Employees Occupational Illness Compensation Program 
     Act of 2000, as amended by subsection (b)(2), if the Director 
     of the National Institute of Occupational Safety and Health 
     certifies with respect to such facility each of the 
     following:
       (1) That no atomic weapons work or related work has been 
     conducted at such facility after 1976.
       (2) That fewer than 50 percent of the total number of 
     workers engaged in atomic weapons work or related work at 
     such facility were accurately monitored for exposure to 
     internal and external ionizing radiation during the term of 
     their employment.
       (3) That individual internal and external exposure records 
     for employees at such facility are not available, or the 
     exposure to radiation of at least 40 percent of the exposed 
     workers at such facility cannot be determined from the 
     individual internal and external exposure records that are 
     available.
       (f) Sense of the Senate.--It is the sense of the Senate 
     that all employees who are eligible to apply for benefits 
     under the compensation program established by the Energy 
     Employees Occupational Illness Compensation Act should be 
     treated fairly and equitably with regard to inclusion under 
     the special exposure cohort provisions of this Act.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

     SEC. 3201. AUTHORIZATION.

       There are authorized to be appropriated for fiscal year 
     2005, $21,268,000 for the operation of the Defense Nuclear 
     Facilities Safety Board under chapter 21 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2286 et seq.).

                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

     SEC. 3301. DISPOSAL OF FERROMANGANESE.

       (a) Disposal Authorized.--The Secretary of Defense may 
     dispose of up to 50,000 tons of ferromanganese from the 
     National Defense Stockpile during fiscal year 2005.
       (b) Contingent Authority for Additional Disposal.--After 
     the disposal of ferromanganese authorized by subsection (a)--
       (1) the Secretary may dispose of up to an additional 25,000 
     tons of ferromanganese from the National Defense Stockpile 
     before September 30, 2005; and
       (2) if the Secretary completes the disposal authorized by 
     paragraph (1) before September 30, 2005, the Secretary may 
     dispose of up to an additional 25,000 tons of ferromanganese 
     from the National Defense Stockpile before that date.
       (c) Certification.--The Secretary may dispose of 
     ferromanganese under paragraph (1) or (2) of subsection (b) 
     only if the Secretary, with the concurrence of the Secretary 
     of Commerce, certifies to the congressional defense 
     committees not later than 30 days before the commencement of 
     disposal under the applicable paragraph that--
       (1) the disposal of ferromanganese under such paragraph is 
     in the national interest due to extraordinary circumstances 
     in markets for ferromanganese;
       (2) the disposal of ferromanganese under such paragraph 
     will not cause undue harm to domestic manufacturers of 
     ferroalloys; and
       (3) the disposal of ferromanganese under such paragraph is 
     consistent with the requirements and purpose of the National 
     Defense Stockpile under the Strategic and Critical Materials 
     Stock Piling Act (50 U.S.C. 98 et seq.).
       (d) Delegation of Responsibility.--The Secretary of Defense 
     and the Secretary of Commerce may each delegate the 
     responsibility of such Secretary under subsection (c) to an 
     appropriate official within the Department of Defense or the 
     Department of Commerce, as the case may be.
       (e) National Defense Stockpile Defined.--In this section, 
     the term ``National Defense Stockpile'' means the stockpile 
     provided for in section 4 of the Strategic and Critical 
     Materials Stock Piling Act (50 U.S.C. 98c).

     SEC. 3302. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR 
                   CERTAIN PREVIOUSLY AUTHORIZED DISPOSALS FROM 
                   THE NATIONAL DEFENSE STOCKPILE.

       Section 3303(a) of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (50 U.S.C. 98d note) 
     is amended--
       (1) in paragraph (4), by striking ``and'' at the end;
       (2) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(6) $870,000,000 by the end of fiscal year 2014.''.

     SEC. 3303. PROHIBITION ON STORAGE OF MERCURY AT CERTAIN 
                   FACILITIES.

       (a) Prohibition.--The Secretary of Defense may not store 
     mercury from the National Defense Stockpile at any facility 
     that is not owned or leased by the United States.
       (b) National Defense Stockpile Defined.--In this section, 
     the term ``National Defense Stockpile'' means the stockpile 
     provided for in section 4 of the Strategic and Critical 
     Materials Stock Piling Act (50 U.S.C. 98c).

          TITLE XXXIV--LOCAL LAW ENFORCEMENT ENHANCEMENT ACT.

     SEC. 3401. SHORT TITLE.

       This title may be cited as the ``Local Law Enforcement 
     Enhancement Act of 2004''.

     SEC. 3402. FINDINGS.

       Congress makes the following findings:
       (1) The incidence of violence motivated by the actual or 
     perceived race, color, religion, national origin, gender, 
     sexual orientation, or disability of the victim poses a 
     serious national problem.
       (2) Such violence disrupts the tranquility and safety of 
     communities and is deeply divisive.
       (3) State and local authorities are now and will continue 
     to be responsible for prosecuting the overwhelming majority 
     of violent crimes in the United States, including violent 
     crimes motivated by bias. These authorities can carry out 
     their responsibilities more effectively with greater Federal 
     assistance.
       (4) Existing Federal law is inadequate to address this 
     problem.
       (5) The prominent characteristic of a violent crime 
     motivated by bias is that it devastates not just the actual 
     victim and the family and friends of the victim, but 
     frequently savages the community sharing the traits that 
     caused the victim to be selected.
       (6) Such violence substantially affects interstate commerce 
     in many ways, including--
       (A) by impeding the movement of members of targeted groups 
     and forcing such members to move across State lines to escape 
     the incidence or risk of such violence; and
       (B) by preventing members of targeted groups from 
     purchasing goods and services, obtaining or sustaining 
     employment, or participating in other commercial activity.
       (7) Perpetrators cross State lines to commit such violence.
       (8) Channels, facilities, and instrumentalities of 
     interstate commerce are used to facilitate the commission of 
     such violence.
       (9) Such violence is committed using articles that have 
     traveled in interstate commerce.
       (10) For generations, the institutions of slavery and 
     involuntary servitude were defined by the race, color, and 
     ancestry of those held in bondage. Slavery and involuntary 
     servitude were enforced, both prior to and after the adoption 
     of the 13th amendment to the Constitution of the United 
     States, through widespread public and private violence 
     directed at persons because of their race, color, or 
     ancestry, or perceived race, color, or ancestry. Accordingly, 
     eliminating racially motivated violence is an important means 
     of eliminating, to the extent possible, the badges, 
     incidents, and relics of slavery and involuntary servitude.
       (11) Both at the time when the 13th, 14th, and 15th 
     amendments to the Constitution of the United States were 
     adopted, and continuing to date, members of certain religious 
     and national origin groups were and are perceived to be 
     distinct ``races''. Thus, in order to eliminate, to the 
     extent possible, the badges, incidents, and relics of 
     slavery, it is necessary to prohibit assaults on the basis of 
     real or perceived religions or national origins, at least to 
     the extent such religions or national origins were regarded 
     as races at the time of the adoption of the 13th, 14th, and 
     15th amendments to the Constitution of the United States.

[[Page S7682]]

       (12) Federal jurisdiction over certain violent crimes 
     motivated by bias enables Federal, State, and local 
     authorities to work together as partners in the investigation 
     and prosecution of such crimes.
       (13) The problem of crimes motivated by bias is 
     sufficiently serious, widespread, and interstate in nature as 
     to warrant Federal assistance to States and local 
     jurisdictions.

     SEC. 3403. DEFINITION OF HATE CRIME.

       In this title, the term ``hate crime'' has the same meaning 
     as in section 280003(a) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (28 U.S.C. 994 note).

     SEC. 3404. SUPPORT FOR CRIMINAL INVESTIGATIONS AND 
                   PROSECUTIONS BY STATE AND LOCAL LAW ENFORCEMENT 
                   OFFICIALS.

       (a) Assistance Other Than Financial Assistance.--
       (1) In general.--At the request of a law enforcement 
     official of a State or Indian tribe, the Attorney General may 
     provide technical, forensic, prosecutorial, or any other form 
     of assistance in the criminal investigation or prosecution of 
     any crime that--
       (A) constitutes a crime of violence (as defined in section 
     16 of title 18, United States Code);
       (B) constitutes a felony under the laws of the State or 
     Indian tribe; and
       (C) is motivated by prejudice based on the race, color, 
     religion, national origin, gender, sexual orientation, or 
     disability of the victim, or is a violation of the hate crime 
     laws of the State or Indian tribe.
       (2) Priority.--In providing assistance under paragraph (1), 
     the Attorney General shall give priority to crimes committed 
     by offenders who have committed crimes in more than 1 State 
     and to rural jurisdictions that have difficulty covering the 
     extraordinary expenses relating to the investigation or 
     prosecution of the crime.
       (b) Grants.--
       (1) In general.--The Attorney General may award grants to 
     assist State, local, and Indian law enforcement officials 
     with the extraordinary expenses associated with the 
     investigation and prosecution of hate crimes.
       (2) Office of justice programs.--In implementing the grant 
     program, the Office of Justice Programs shall work closely 
     with the funded jurisdictions to ensure that the concerns and 
     needs of all affected parties, including community groups and 
     schools, colleges, and universities, are addressed through 
     the local infrastructure developed under the grants.
       (3)  Application.--
       (A) In general.--Each State that desires a grant under this 
     subsection shall submit an application to the Attorney 
     General at such time, in such manner, and accompanied by or 
     containing such information as the Attorney General shall 
     reasonably require.
       (B) Date for submission.--Applications submitted pursuant 
     to subparagraph (A) shall be submitted during the 60-day 
     period beginning on a date that the Attorney General shall 
     prescribe.
       (C) Requirements.--A State or political subdivision of a 
     State or tribal official applying for assistance under this 
     subsection shall--
       (i) describe the extraordinary purposes for which the grant 
     is needed;
       (ii) certify that the State, political subdivision, or 
     Indian tribe lacks the resources necessary to investigate or 
     prosecute the hate crime;
       (iii) demonstrate that, in developing a plan to implement 
     the grant, the State, political subdivision, or tribal 
     official has consulted and coordinated with nonprofit, 
     nongovernmental victim services programs that have experience 
     in providing services to victims of hate crimes; and
       (iv) certify that any Federal funds received under this 
     subsection will be used to supplement, not supplant, non-
     Federal funds that would otherwise be available for 
     activities funded under this subsection.
       (4) Deadline.--An application for a grant under this 
     subsection shall be approved or disapproved by the Attorney 
     General not later than 30 business days after the date on 
     which the Attorney General receives the application.
       (5) Grant amount.--A grant under this subsection shall not 
     exceed $100,000 for any single jurisdiction within a 1 year 
     period.
       (6) Report.--Not later than December 31, 2005, the Attorney 
     General shall submit to Congress a report describing the 
     applications submitted for grants under this subsection, the 
     award of such grants, and the purposes for which the grant 
     amounts were expended.
       (7) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $5,000,000 
     for each of fiscal years 2005 and 2006.

     SEC. 3405. GRANT PROGRAM.

       (a) Authority To Make Grants.--The Office of Justice 
     Programs of the Department of Justice shall award grants, in 
     accordance with such regulations as the Attorney General may 
     prescribe, to State and local programs designed to combat 
     hate crimes committed by juveniles, including programs to 
     train local law enforcement officers in identifying, 
     investigating, prosecuting, and preventing hate crimes.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 3406. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST 
                   STATE AND LOCAL LAW ENFORCEMENT.

       There are authorized to be appropriated to the Department 
     of the Treasury and the Department of Justice, including the 
     Community Relations Service, for fiscal years 2005, 2006, and 
     2007 such sums as are necessary to increase the number of 
     personnel to prevent and respond to alleged violations of 
     section 249 of title 18, United States Code, as added by 
     section __07.

     SEC. 3407. PROHIBITION OF CERTAIN HATE CRIME ACTS.

       (a) In General.--Chapter 13 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 249. Hate crime acts

       ``(a) In General.--
       ``(1) Offenses involving actual or perceived race, color, 
     religion, or national origin.--Whoever, whether or not acting 
     under color of law, willfully causes bodily injury to any 
     person or, through the use of fire, a firearm, or an 
     explosive or incendiary device, attempts to cause bodily 
     injury to any person, because of the actual or perceived 
     race, color, religion, or national origin of any person--
       ``(A) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both; and
       ``(B) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if--
       ``(i) death results from the offense; or
       ``(ii) the offense includes kidnaping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.
       ``(2) Offenses involving actual or perceived religion, 
     national origin, gender, sexual orientation, or disability.--
       ``(A) In general.--Whoever, whether or not acting under 
     color of law, in any circumstance described in subparagraph 
     (B), willfully causes bodily injury to any person or, through 
     the use of fire, a firearm, or an explosive or incendiary 
     device, attempts to cause bodily injury to any person, 
     because of the actual or perceived religion, national origin, 
     gender, sexual orientation, or disability of any person--
       ``(i) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both; and
       ``(ii) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if--

       ``(I) death results from the offense; or
       ``(II) the offense includes kidnaping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.

       ``(B) Circumstances described.--For purposes of 
     subparagraph (A), the circumstances described in this 
     subparagraph are that--
       ``(i) the conduct described in subparagraph (A) occurs 
     during the course of, or as the result of, the travel of the 
     defendant or the victim--

       ``(I) across a State line or national border; or
       ``(II) using a channel, facility, or instrumentality of 
     interstate or foreign commerce;

       ``(ii) the defendant uses a channel, facility, or 
     instrumentality of interstate or foreign commerce in 
     connection with the conduct described in subparagraph (A);
       ``(iii) in connection with the conduct described in 
     subparagraph (A), the defendant employs a firearm, explosive 
     or incendiary device, or other weapon that has traveled in 
     interstate or foreign commerce; or
       ``(iv) the conduct described in subparagraph (A)--

       ``(I) interferes with commercial or other economic activity 
     in which the victim is engaged at the time of the conduct; or
       ``(II) otherwise affects interstate or foreign commerce.

       ``(b) Certification Requirement.--No prosecution of any 
     offense described in this subsection may be undertaken by the 
     United States, except under the certification in writing of 
     the Attorney General, the Deputy Attorney General, the 
     Associate Attorney General, or any Assistant Attorney General 
     specially designated by the Attorney General that--
       ``(1) he or she has reasonable cause to believe that the 
     actual or perceived race, color, religion, national origin, 
     gender, sexual orientation, or disability of any person was a 
     motivating factor underlying the alleged conduct of the 
     defendant; and
       ``(2) he or his designee or she or her designee has 
     consulted with State or local law enforcement officials 
     regarding the prosecution and determined that--
       ``(A) the State does not have jurisdiction or does not 
     intend to exercise jurisdiction;
       ``(B) the State has requested that the Federal Government 
     assume jurisdiction;
       ``(C) the State does not object to the Federal Government 
     assuming jurisdiction; or
       ``(D) the verdict or sentence obtained pursuant to State 
     charges left demonstratively unvindicated the Federal 
     interest in eradicating bias-motivated violence.
       ``(c) Definitions.--In this section--
       ``(1) the term `explosive or incendiary device' has the 
     meaning given the term in section 232 of this title; and
       ``(2) the term `firearm' has the meaning given the term in 
     section 921(a) of this title.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 13 of title 18, United States Code, is amended by 
     adding at the end the following:

``249. Hate crime acts.''.

[[Page S7683]]

     SEC. 3408. DUTIES OF FEDERAL SENTENCING COMMISSION.

       (a) Amendment of Federal Sentencing Guidelines.--Pursuant 
     to the authority provided under section 994 of title 28, 
     United States Code, the United States Sentencing Commission 
     shall study the issue of adult recruitment of juveniles to 
     commit hate crimes and shall, if appropriate, amend the 
     Federal sentencing guidelines to provide sentencing 
     enhancements (in addition to the sentencing enhancement 
     provided for the use of a minor during the commission of an 
     offense) for adult defendants who recruit juveniles to assist 
     in the commission of hate crimes.
       (b) Consistency With Other Guidelines.--In carrying out 
     this section, the United States Sentencing Commission shall--
       (1) ensure that there is reasonable consistency with other 
     Federal sentencing guidelines; and
       (2) avoid duplicative punishments for substantially the 
     same offense.

     SEC. 3409. STATISTICS.

       Subsection (b)(1) of the first section of the Hate Crimes 
     Statistics Act (28 U.S.C. 534 note) is amended by inserting 
     ``gender,'' after ``race,''.

     SEC. 3410. SEVERABILITY.

       If any provision of this title, an amendment made by this 
     title, or the application of such provision or amendment to 
     any person or circumstance is held to be unconstitutional, 
     the remainder of this title, the amendments made by this 
     title, and the application of the provisions of such to any 
     person or circumstance shall not be affected thereby.

                TITLE XXXV--ASSISTANCE TO FIREFIGHTERS.

     SEC. 3501. SHORT TITLE.

       This title may be cited as the ``Assistance to Firefighters 
     Act of 2004''.

     SEC. 3502. AUTHORITY OF SECRETARY OF HOMELAND SECURITY FOR 
                   FIREFIGHTER ASSISTANCE PROGRAM.

       (a) In General.--Subsection (b)(1) of section 33 of the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2229) is amended by striking ``Director'' in the matter 
     preceding subparagraph (A) and inserting ``Secretary of 
     Homeland Security, in consultation with the Administrator,''.
       (b) Conforming Amendment.--Such section is further amended 
     by striking ``Director'' each place it appears and inserting 
     ``Secretary of Homeland Security''.
       (c) Technical Amendment.--The heading of subsection (b)(8) 
     of such section is amended by striking ``Director'' and 
     inserting ``Secretary''.

     SEC. 3503. GRANTS TO VOLUNTEER EMERGENCY MEDICAL SERVICE 
                   ORGANIZATIONS.

       (a) Authority To Award Grants to Volunteer Emergency 
     Medical Service Squads.--Paragraph (1)(A) of section 33(b) of 
     the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2229(b)) is amended by inserting ``or to volunteer 
     emergency medical service organizations'' after ``fire 
     departments''.
       (b) Use of Grant Funds.--Paragraph (3)(F) of such section 
     is amended by inserting ``or volunteer emergency medical 
     service organizations that are not affiliated with a for-
     profit entity'' after ``fire departments''.
       (c) Special Rule for Applications for Volunteer Emergency 
     Medical Services.--Paragraph (5) of such section is amended 
     by adding at the end, the following new subparagraph:
       ``(C) Special rule for volunteer emergency medical 
     services.--The Secretary of Homeland Security shall permit an 
     applicant seeking grant funds for volunteer emergency medical 
     services under paragraph (3)(F) to use the same application 
     form to seek grant funds for one or more of the other 
     purposes set out in subparagraphs (A) through (O) of 
     paragraph (3).''.

     SEC. 3504. GRANTS FOR AUTOMATED EXTERNAL DEFIBRILLATOR 
                   DEVICES.

       Paragraph (3) of section 33(b) of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is 
     amended by adding at the end the following new subparagraph:
       ``(O) To obtain automated external defibrillator 
     devices.''.

     SEC. 3405. CRITERIA FOR REVIEWING GRANT APPLICATIONS.

       Paragraph (2) of section 33(b) of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is 
     amended to read as follows:
       ``(2) Criteria and review of applications.--
       ``(A) Preliminary review criteria.--
       ``(i) In general.--The Secretary of Homeland Security shall 
     establish specific criteria for the preliminary review of an 
     application submitted under this section. If an application 
     does not meet such criteria, the application may not receive 
     further consideration for a grant under this section.
       ``(ii) Annual review of criteria.--Not less often than once 
     each year, the Secretary of Homeland Security, in 
     consultation with the Administrator, shall convene a meeting 
     of individuals who are members of a fire service and are 
     recognized for expertise in firefighting or in emergency 
     medical services provided by fire services, and who are not 
     employees of the Federal Government for the purpose of 
     reviewing and proposing changes to the criteria established 
     under clause (i).
       ``(B) Selection through review by experts.--
       ``(i) Requirement for review.--The Secretary of Homeland 
     Security shall award grants under this section based on the 
     review of applications for such grants by a panel of fire 
     service personnel appointed by a national organization 
     recognized for expertise in the operation and administration 
     of fire services.
       ``(ii) Role of the secretary.--The Secretary of Homeland 
     Security shall provide for the administration of the review 
     panel described in clause (i) and shall ensure that an 
     individual appointed to such panel is a recognized expert in 
     firefighting, medical services provided by fire services, 
     fire prevention, or research on firefighter safety.''.

     SEC. 3506. FINANCIAL ASSISTANCE FOR FIREFIGHTER SAFETY 
                   PROGRAMS.

       (a) Authority.--Paragraph (1)(B) of section 33(b) of the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2229(b)) is amended by inserting ``and firefighter safety'' 
     after ``prevention''.
       (b) Expansion of Existing Program.--
       (1) Firefighter safety assistance.--Paragraph (4) of such 
     section is amended--
       (A) in subparagraph (A)(ii), by striking ``organizations 
     that are recognized'' and all that follows and inserting 
     ``organizations eligible under subparagraph (B) for the 
     purposes described in subparagraph (C).''; and
       (B) by striking subparagraph (B), and inserting the 
     following new subparagraphs:
       ``(B) Eligibility for assistance.--An organization may be 
     eligible for assistance under subparagraph (A)(ii), if such 
     organization is a national, State, local, or community 
     organization that is not a fire service and that is 
     recognized for experience and expertise with respect to 
     programs and activities that promote--
       ``(i) fire prevention or fire safety; or
       ``(ii) the health and safety of firefighting personnel.
       ``(C) Use of funds.--Assistance provided under subparagraph 
     (A)(ii) shall be used--
       ``(i) to carry out fire prevention programs; or
       ``(ii) to fund research to improve the health and safety of 
     firefighting personnel.
       ``(D) Priority.--In selecting organizations described in 
     subparagraph (B) to receive assistance under this paragraph, 
     the Secretary of Homeland Security shall give priority--
       ``(i) to organizations that focus on preventing injuries 
     from fire to members of groups at high risk of such injuries, 
     with an emphasis on children; and
       ``(ii) to organizations that focus on researching methods 
     to improve the health and safety of firefighting personnel.
       ``(E) Allocation of funds.--Not less than 66 percent of the 
     total amount of funds made available in a fiscal year to 
     carry out this paragraph shall be made available of the 
     programs described in subparagraph (A)(ii).''.
       (2) Conforming amendment.--The heading of such paragraph is 
     amended to read as follows:
       ``(4) Fire prevention and firefighter safety programs.--''.
       (c) Availability of Funds for Fire Prevention and 
     Firefighter Safety Programs.--Paragraph (4)(A) of such 
     section, as amended by subsection (b), is further amended in 
     the matter preceding clause (i), by striking ``5 percent'' 
     and inserting ``6 percent''.

     SEC. 3507. ASSISTANCE FOR APPLICATIONS.

       Paragraph (5) of section 33(b) of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229(b)), as 
     amended by section 3(c), is further amended by adding at the 
     end the following new subparagraph:
       ``(D) Assistance to prepare an application.--The Secretary 
     of Homeland Security shall provide assistance with the 
     preparation of applications for grants under this section.''.

     SEC. 3508. REDUCED REQUIREMENTS FOR MATCHING FUNDS.

       (a) Amount Required.--Paragraph (6) of section 33(b) of the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2229(b)) is amended by striking subparagraphs (A) and (B) and 
     inserting the following:
       ``(A) In general.--Subject to subparagraphs (B) and (C), 
     the Secretary of Homeland Security may provide assistance 
     under this subsection only if the applicant for such 
     assistance agrees to match 20 percent of such assistance for 
     any fiscal year with an equal amount of non-Federal funds.
       ``(B) Requirement for small community organizations.--In 
     the case of an applicant whose personnel--
       ``(i) serve jurisdictions of 50,000 or fewer residents, the 
     percent applied under the matching requirement of 
     subparagraph (A) shall be 10 percent; or
       ``(ii) serve jurisdictions of 20,000 or fewer residents, 
     the percent applied under the matching requirement of 
     subparagraph (A) shall be 5 percent.''.
       (b) Exception.--Such paragraph, as amended by subsection 
     (a), is further amended by adding at the end the following 
     new subparagraph:
       ``(C) Exception.--No matching funds may be required under 
     this subsection for assistance provided under subparagraph 
     (A)(ii) of paragraph (4) to an organization described in 
     subparagraph (B) of such paragraph.''.
       (c) Special Rule for Requests for Automated External 
     Defibrillator Devices.--Section 33(b) of such Act is further 
     amended by adding at the end the following new paragraph:
       ``(13) Special rules for grants for automated external 
     defibrillator devices.--
       ``(A) Limitations.--The Secretary of Homeland Security 
     shall reduce the percentage of non-Federal matching funds for 
     a grant as described in subparagraph (B) if--

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       ``(i) the applicant is requesting grant funds to obtain one 
     or more automated external defibrillator devices, as 
     authorized by paragraph (3)(O);
       ``(ii) the award of such grant will result in the applicant 
     possessing exactly one such device for each first-due 
     emergency vehicle operated by the applicant;
       ``(iii) the applicant certifies to the Secretary of 
     Homeland Security that the applicant possesses, at the time 
     such application is filed, a number of such devices that is 
     less than the number of first-due emergency vehicles operated 
     by the applicant and that the applicant is capable of 
     storing, in a manner conducive to rapid use, such devices on 
     each such vehicle; and
       ``(iv) the applicant has not previously received a grant 
     under this subsection to obtain such devices.
       ``(B) Matching requirements.--If an applicant meets the 
     criteria set out in clauses (i), (ii), (iii), and (iv) of 
     subparagraph (A), the Secretary of Homeland Security shall 
     reduce the percentage of non-Federal matching funds required 
     by paragraph (6) by 2 percentage points for all assistance 
     requested in the application submitted by such applicant.
       ``(C) First-due defined.--In this paragraph, the term 
     `first-due' means the firefighting and emergency medical 
     services vehicles that are utilized by a fire service for 
     immediate response to an emergency situation.''.

     SEC. 3509. GRANT RECIPIENT LIMITATIONS.

       (a) Limitations on Grant Amounts.--Subparagraph (A) of 
     section 33(b)(10) of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2229(b)(10)) is amended to read as 
     follows:
       ``(A) Limitations on grant amount.--
       ``(i) General limitation.--Subject to clause (ii), a 
     recipient of assistance under this section may not receive in 
     a fiscal year an amount of such assistance that exceeds the 
     greater of $2,250,000 or the amount equal to 0.5 percent of 
     the total amount of funds appropriated for such assistance 
     for such fiscal year.
       ``(ii) Limitations on basis of population.--Subject to 
     clause (iii), a recipient of assistance under this section 
     that serves a jurisdiction of less than 1,000,000 individuals 
     may not receive more than $1,500,000 of such assistance for a 
     fiscal year, except that such a recipient that serves a 
     jurisdiction of less than 500,000 individuals may not receive 
     more than $1,000,000 of such assistance during a fiscal year.
       ``(iii) Waiver.--With respect to assistance provided in a 
     fiscal year before fiscal year 2007, the Secretary of 
     Homeland Security, in consultation with the Administrator, 
     may waive the limitations set out in clause (ii) if the 
     Secretary determines that a waiver is warranted by an 
     extraordinary need for assistance for fire suppression 
     activities by a jurisdiction, whether such need is caused by 
     the likelihood of terrorist attack, natural disaster, 
     destructive fires occurring over a large geographic area, or 
     some other cause.''.
       (b) Limitations on Grants for Volunteer Emergency Medical 
     Services.--Such section, as amended by subsection (a), is 
     further amended by adding at the end the following new 
     subparagraph:
       ``(C) Limitations on expenditures for volunteer emergency 
     medical services.--Not more than 3.5 percent of the funds 
     appropriated to provide grants under this section for a 
     fiscal year may be awarded to volunteer emergency medical 
     service organizations.''.

     SEC. 3510. OTHER CONSIDERATIONS.

       Section 33(b) of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2229(b)), as amended by section 8, is 
     amended by adding at the end the following new paragraph:
       ``(14) Other considerations.--In providing assistance under 
     this section, the Secretary of Homeland Security shall--
       ``(A) consider the extent to which the recipient of such 
     assistance is able to enhance the daily operations of a fire 
     service and to improve the protection of people and property 
     from fire; and
       ``(B) ensure that such assistance awarded to a volunteer 
     emergency medical service organization will not be used to 
     provide emergency medical services in a geographic area if 
     such services are adequately provided by a fire service in 
     such area.''.

     SEC. 3511. REPORTS TO CONGRESS.

       (a) Study and Report on Assistance to Firefighters.--
       (1) Study.--The Secretary, in conjunction with the National 
     Fire Protection Association, shall conduct a study--
       (A) to assess the types of activities that are carried out 
     by fire services;
       (B) to determine whether the level of Federal funding made 
     available to fire services is adequate;
       (C) to assess categories of services, including emergency 
     medical services, that are not adequately provided by fire 
     services on either the national or State level; and
       (D) to measure the effect, if any, of the assistance 
     provided under section 33 of the Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2229) on the needs of fire 
     services identified in the report submitted to Congress under 
     section 1701(b) of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-363).
       (2) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the findings of the study described in paragraph 
     (1).
       (b) Report by GAO.--Not later than 18 months after the date 
     of the enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a report on--
       (1) the administration of the assistance provided under 
     section 33 of the Federal Fire Prevention and Control Act of 
     1974 (15 U.S.C. 2229); and
       (2) the success of the Secretary in administering the 
     Federal Emergency Management Agency.
       (c) Report on Waiver of Amount Limitations.--Not later than 
     18 months after the date of the enactment of this Act, the 
     Secretary shall submit to Congress a report on the instances, 
     if any, of the use of the waiver authority set out in section 
     33(b)(10)(A)(iii) of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2229(b)(10)(A)(iii)), as added by 
     section 9.
       (d) Definitions.--In this section:
       (1) Fire service.--The term ``fire service'' has the 
     meaning given that term in section 4 of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2203).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.

     SEC. 3512. TECHNICAL CORRECTIONS.

       (a) Repeal of Duplicative Definition.--Subsection (d) of 
     section 33 of the Federal Fire Prevention and Control Act of 
     1974 (15 U.S.C. 2229) is repealed.
       (b) Redesignations Necessitated by Duplicative Numbering.--
     The sections 33 and 34 of the Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2230 and 2231) that were added 
     by sections 105 and 106 of Public Law 106-503 (114 Stat. 
     2301) are redesignated as sections 34 and 35, respectively.

     SEC. 3513. AUTHORIZATION OF APPROPRIATIONS.

       (a) Firefighter Assistance Programs.--Section 33(e) of the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2229(e)) is amended by striking the first sentence and 
     inserting ``There are authorized to be appropriated for the 
     purposes of this section $900,000,000 for fiscal year 2005, 
     $950,000,000 for fiscal year 2006, and $1,000,000,000 for 
     each of the fiscal years 2007 through 2010.''.
       (b) Study on Assistance to Firefighters.--There are 
     authorized to be appropriated to the Secretary of Homeland 
     Security $300,000 for fiscal year 2005 to carry out the 
     requirements of section 4011(a).

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