[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[H.R. 4200 Reported in House (RH)]
Union Calendar No. 278
108th CONGRESS
2d Session
H. R. 4200
[Report No. 108-491]
To authorize appropriations for fiscal year 2005 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 2005, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 22, 2004
Mr. Hunter (for himself and Mr. Skelton) (both by request) introduced
the following bill; which was referred to the Committee on Armed
Services
May 14, 2004
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on April
22, 2004]
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2005 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 2005, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2005''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; findings.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B--Program Matters
Sec. 111. Multiyear procurement authority for the light-weight 155-
millimeter howitzer program.
Sec. 112. DDG-51 modernization program.
Sec. 113. Repeal of authority for pilot program for flexible funding of
cruiser conversions and overhauls.
Sec. 114. Force protection for asymmetric threat environment.
Sec. 115. Allocation of equipment authorized by this title to be made
on basis of units deployed or preparing to
deploy.
Sec. 116. Multiyear procurement authority for KC-767 tanker aircraft
acquisition program.
Sec. 117. Other matters relating to KC-767 tanker aircraft acquisition
program.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Future Combat Systems program strategy.
Sec. 212. Collaborative program for research and development of vacuum
electronics technologies.
Sec. 213. Annual Comptroller General report on Joint Strike Fighter
program.
Sec. 214. Amounts for United States Joint Forces Command to be derived
only from Defense-wide amounts.
Sec. 215. Authority of Director of Defense Research and Engineering to
award prizes for advanced technology
achievements.
Sec. 216. Space Based Radar.
Sec. 217. Mark-54 Torpedo Product Improvement Program.
Subtitle C--Missile Defense
Sec. 221. Fielding of ballistic missile defense capabilities.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and Maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Sec. 304. Reimbursement of members of the Armed Forces who purchased
protective body armor during shortage of
defense stocks of body armor.
Subtitle B--Environmental Provisions
Sec. 311. Report regarding encroachment issues affecting Utah Test and
Training Range, Utah.
Subtitle C--Workplace and Depot Issues
Sec. 321. Simplification of annual reporting requirements concerning
funds expended for depot maintenance and
repair workloads.
Sec. 322. Repeal of annual reporting requirement concerning management
of depot employees.
Sec. 323. Public-private competition for work performed by civilian
employees of Department of Defense.
Sec. 324. Public-private competition pilot program.
Sec. 325. Sense of Congress on equitable legal standing for civilian
employees.
Sec. 326. Competitive sourcing reporting requirement.
Subtitle D--Information Technology
Sec. 331. Preparation of Department of Defense plan for transition to
Internet Protocol version 6.
Sec. 332. Defense business enterprise architecture, system
accountability, and conditions for
obligation of funds for defense business
system modernization.
Sec. 333. Establishment of joint program office to improve
interoperability of battlefield management
command and control systems.
Subtitle E--Readiness Reporting Requirements
Sec. 341. Annual report on Department of Defense operation and
financial support for military museums.
Sec. 342. Report on Department of Defense programs for prepositioning
of material and equipment.
Subtitle F--Other Matters
Sec. 351. Extension of Arsenal Support Program Initiative.
Sec. 352. Limitation on preparation or implementation of Mid-Range
Financial Improvement Plan.
Sec. 353. Procurement of follow-on contracts for the operation of five
Champion-class T-5 tank vessels.
Sec. 354. Sense of Congress on America's National World War I Museum.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum
levels.
Sec. 403. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Sec. 404. Accounting and management of reserve component personnel
performing active duty or full-time
National Guard duty for operational
support.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2005 limitation on number of non-dual status
technicians.
Subtitle C--Authorizations of Appropriations
Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--General and Flag Officer Matters
Sec. 501. Length of service for service chiefs.
Sec. 502. Repeal of requirement that Deputy Chiefs and Assistant Chiefs
of Naval Operations be selected from
officers in the line of the Navy.
Sec. 503. Increase in age limit for deferral of mandatory retirement
for up to 10 senior general and flag
officers.
Sec. 504. Increased flexibility for voluntary retirement for military
officers.
Sec. 505. Repeal of requirement that no more than 50 percent of active
duty general and flag officers be in grades
above brigadier general and rear admiral
(lower half).
Sec. 506. Revision to terms for assistants to the Chairman of the Joint
Chiefs of Staff for National Guard and
Reserve matters.
Sec. 507. Succession for position of Chief, National Guard Bureau.
Sec. 508. Title of Vice Chief of the National Guard Bureau changed to
Director of the Joint Staff of the National
Guard Bureau.
Sec. 509. Two-year extension of authority to waive requirement that
Reserve chiefs and National Guard Directors
have significant joint duty experience.
Sec. 510. Repeal of distribution requirements for Naval Reserve flag
officers.
Subtitle B--Other Officer Personnel Policy Matters
Sec. 511. Transition of active-duty list officer force to all regular
status.
Sec. 512. Mandatory retention on active duty to qualify for retirement
pay.
Sec. 513. Distribution in grade of Marine Corps Reserve officers in an
active status in grades below brigadier
general
Sec. 514. Tuition assistance for officers.
Subtitle C--Reserve Component Matters
Sec. 521. Revision to statutory purpose of the reserve components.
Sec. 522. Improved access to reserve component members for enhanced
training.
Sec. 523. Status under disability retirement system for reserve members
released from active duty due to inability
to perform within 30 days of call to active
duty.
Sec. 524. Federal civil service military leave for Reserve and National
Guard civilian technicians.
Sec. 525. Expanded educational assistance authority for officers
commissioned through ROTC program at
military junior colleges.
Sec. 526. Effect of appointment or commission as officer on eligibility
for Selected Reserve education loan
repayment program for enlisted members.
Sec. 527. Number of Starbase academies in a State.
Sec. 528. Comptroller General assessment of integration of active and
reserve components of the Navy.
Sec. 529. Operational activities conducted by the National Guard under
authority of title 32.
Sec. 530. Army program for assignment of active component advisers to
units of the Selected Reserve.
Subtitle D--Joint Officer Management
Sec. 531. Strategic plan to link joint officer development to overall
missions and goals of Department of
Defense.
Sec. 532. Joint requirements for promotion to flag or general officer
grade.
Sec. 533. Clarification of tours of duty qualifying as a joint duty
assignment.
Sec. 534. Reserve joint special officer qualification requirements.
Subtitle E--Professional Military Education
Sec. 541. Improvement to professional military education in the
Department of Defense.
Sec. 542. Ribbons to recognize completion of joint professional
military education.
Sec. 543. Increase in number of private-sector civilians who may be
enrolled for instruction at National
Defense University.
Sec. 544. Requirement for completion of Phase I joint professional
military education before promotion to
colonel or Navy captain.
Subtitle F--Other Education and Training Matters
Sec. 551. College First delayed enlistment program.
Sec. 552. Standardization of authority to confer degrees on graduates
of Community College of the Air Force with
authority for other schools of Air
University.
Sec. 553. Change in titles of heads of the Naval Postgraduate School.
Sec. 554. Increase from two years to three years in period for which
educational leave of absence may be
authorized.
Sec. 555. Correction to disparate treatment of disabilities sustained
during accession training.
Sec. 556. Prayer at military service academy activities.
Sec. 557. Revision to conditions on service of officers as service
academy superintendents.
Sec. 558. Codification of prohibition on imposition of certain charges
and fees at the service academies.
Sec. 559. Qualifications of the dean of the faculty of United States
Air Force Academy.
Subtitle G--Medals and Decorations and Special Promotions and
Appointments
Sec. 561. Separate military campaign medals to recognize service in
Operation Enduring Freedom and service in
Operation Iraqi Freedom.
Sec. 562. Eligibility of all uniformed services personnel for National
Defense Service Medal.
Sec. 563. Authority to appoint Brigadier General Charles E. Yeager,
United States Air Force (retired), to the
grade of major general on the retired list.
Sec. 564. Posthumous commission of William Mitchell in the grade of
major general in the Army.
Subtitle H--Military Justice Matters
Sec. 571. Review on how sexual offenses are covered by Uniform Code of
Military Justice.
Sec. 572. Service time not lost when confined in connection with trial
if confinement excused as unavoidable.
Sec. 573. Clarification of authority of military legal assistance
counsel to provide military legal
assistance without regard to licensing
requirements.
Subtitle I--Administrative and Management Matters
Sec. 581. Three-year extension of limitation on reductions of personnel
of agencies responsible for review and
correction of military records.
Sec. 582. Staffing and funding for Defense Prisoner of War/Missing
Personnel office (DPMO).
Sec. 583. Permanent ID cards for retiree dependents age 70 and older.
Sec. 584. Authority to provide civilian clothing to members traveling
in connection with medical evacuation.
Sec. 585. Authority to accept donation of frequent traveler miles,
credits, and tickets to facilitate rest and
recuperation travel of deployed members of
the Armed Forces and their families.
Sec. 586. Limitation on amendment or cancellation of Department of
Defense directive relating to reasonable
access to military installations for
certain personal commercial solicitation.
Sec. 587. Annual identification of reasons for discharges from the
Armed Forces during preceding fiscal year.
Sec. 588. Authority for Federal recognition of National Guard
commissioned officers appointed from former
Coast Guard personnel.
Sec. 589. Study of blended wing concept for the Air Force.
Sec. 590. Continuation of impact aid assistance on behalf of dependents
of certain members despite change in status
of member.
Subtitle J--Other Matters
Sec. 591. Employment preferences for spouses of certain Department of
Defense civilian employees subject to
relocation agreements.
Sec. 592. Repeal of requirement to conduct electronic voting
demonstration project for the Federal
election to be held in November 2004.
Sec. 593. Examination of sexual assault in the Armed Forces by the
defense task force established to examine
sexual harassment and violence at the
military service academies.
Sec. 594. Renewal of pilot program for treating GED and home school
diploma recipients as high school graduates
for determinations of eligibility for
enlistment.
Sec. 595. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces
and Department of Defense civilian
employees.
Sec. 596. Senior Reserve Officer Training Corps and recruiter access at
institutions of higher education.
Sec. 597. Reports on transformation milestones.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2005.
Sec. 602. Authority to provide family separation basic allowance for
housing.
Sec. 603. Geographic basis for basic allowance for housing during short
changes of station for professional
military education or training.
Sec. 604. Immediate lump-sum reimbursement for unusual nonrecurring
expenses incurred by members serving
outside continental United States.
Sec. 605. Income replacement payments for Reserves experiencing
extended and frequent mobilization for
active duty service.
Sec. 606. Authority for certain members deployed in combat zones to
receive limited advances on their future
basic pay.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of bonus and special pay authorities.
Sec. 612. Reduction in required service commitment to receive accession
bonus for registered nurses.
Sec. 613. Increase in maximum monthly rate authorized for hardship duty
pay.
Sec. 614. Termination of assignment incentive pay for members placed on
terminal leave.
Sec. 615. Consolidation of reenlistment and enlistment bonus
authorities for regular and reserve
components.
Sec. 616. Revision of authority to provide foreign language proficiency
pay.
Sec. 617. Eligibility of reserve component members for critical skills
retention bonus and expansion of authority
to provide bonus.
Sec. 618. Eligibility of new reserve component officers for accession
or affiliation bonus for officers in
critical skills.
Sec. 619. Eligibility of reserve component members for incentive bonus
for conversion to military occupational
specialty to ease personnel shortage.
Sec. 620. Availability of hazardous duty incentive pay for military
firefighters.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Expansion of travel and transportation allowances to assist
survivors of a deceased member to attend
burial ceremony of the member.
Sec. 632. Transportation of family members incident to the serious
illness or injury of members of the
uniformed services.
Sec. 633. Reimbursement of members for certain lodging costs incurred
in connection with student dependent
travel.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 641. Computation of benefits under Survivor Benefit Plan for
surviving spouses over age 62.
Sec. 642. Open enrollment period for Survivor Benefit Plan commencing
October 1, 2005.
Sec. 643. Source of funds for Survivor Benefit Plan annuities for
Department of Defense beneficiaries over
age 62.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits
Sec. 651. Consolidation and reorganization of legislative provisions
regarding defense commissary system and
exchanges and other morale, welfare, and
recreation activities.
Sec. 652. Consistent State treatment of Department of Defense
Nonappropriated Fund Health Benefits
Program.
Sec. 653. Cooperation and assistance for qualified scouting
organizations serving dependents of members
of the Armed Forces and civilian employees
overseas.
Subtitle F--Other Matters
Sec. 661. Repeal of requirement that members entitled to basic
allowance for subsistence pay subsistence
charges while hospitalized.
Sec. 662. Clarification of education loans qualifying for education
loan repayment program for reserve
component health professions officers.
Sec. 663. Survey and analysis of effect of extended and frequent
mobilization of Reservists for active duty
service on Reservist income.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Enhanced Benefits for Reserves
Sec. 701. Demonstration project for TRICARE coverage for Ready Reserve
members.
Sec. 702. Comptroller General report on the cost and feasibility of
providing private health insurance stipends
for members of the Ready Reserves.
Sec. 703. Improvement of medical services for activated members of the
Ready Reserve and their families.
Sec. 704. Modification of waiver of certain deductibles under TRICARE
program.
Sec. 705. Authority for payment by United States of additional amounts
billed by health care providers to
activated Reserve members.
Sec. 706. Extension of transitional health care benefits after
separation from active duty.
Subtitle B--Other Benefits Improvements
Sec. 711. Coverage of certain young children under TRICARE dental
program.
Sec. 712. Comptroller General report on provision of health and support
services for exceptional family member
program enrollees.
Sec. 713. Exceptional eligibility for TRICARE prime remote.
Sec. 714. Transition to home health care benefit under sub-acute care
program.
Sec. 715. Requirement relating to prescription drug benefits for
medicare-eligible enrollees under defense
health care plans.
Sec. 716. Professional accreditation of military dentists.
Sec. 717. Addition of certain unremarried former spouses to persons
eligible for dental insurance plan of
retirees of the uniformed services.
Sec. 718. Waiver of collection of payments due from certain persons
unaware of loss of CHAMPUS eligibility.
Subtitle C--Planning, Programming, and Management
Sec. 721. Pilot program for transformation of health care delivery.
Sec. 722. Study of provision of travel reimbursement to hospitals for
certain military disability retirees.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Rapid acquisition authority to respond to combat emergencies.
Sec. 802. Defense acquisition workforce changes.
Sec. 803. Limitation on task and delivery order contracts.
Sec. 804. Funding for contract cancellation ceilings for certain
multiyear procurement contracts.
Sec. 805. Increased threshold for requiring contractors to provide
specified employee information to
cooperative agreement holders.
Sec. 806. Extension of authority for use of simplified acquisition
procedures.
Sec. 807. Authority to adjust acquisition-related dollar thresholds for
inflation.
Subtitle B--United States Defense Industrial Base Provisions
Sec. 811. Defense trade reciprocity.
Sec. 812. Amendments to domestic source requirements.
Sec. 813. Three-year extension of restriction on acquisition of
polyacrylonitrile (PAN) carbon fiber from
foreign sources.
Sec. 814. Grant program for defense contractors to implement strategies
to avoid outsourcing of jobs.
Sec. 815. Preference for domestic freight forwarding services.
Subtitle C--Other Acquisition Matters
Sec. 821. Sustainment and modernization plans for existing systems
while replacement systems are under
development.
Sec. 822. Review and demonstration project relating to contractor
employees.
Sec. 823. Defense acquisition workforce limitation and reports.
Sec. 824. Provision of information to Congress to enhance transparency
in contracting.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Change in title of Secretary of the Navy to Secretary of the
Navy and Marine Corps.
Sec. 902. Transfer of Center for the Study of Chinese Military Affairs
from National Defense University to United
States-China Economic and Security Review
Commission.
Sec. 903. Transfer to Secretary of the Army of responsibility for
Assembled Chemical Weapons Alternatives
Program.
Sec. 904. Modification of obligated service requirements under National
Security Education Program.
Sec. 905. Change of membership of certain councils.
Sec. 906. Actions to prevent the abuse of detainees.
Sec. 907. Responses to congressional inquiries.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Budget justification documents for operation and
maintenance.
Sec. 1003. Retention of fees from intellectual property licenses.
Sec. 1004. Authority to waive claims of the United States when amounts
recoverable are less than costs of
collection.
Sec. 1005. Repeal of funding restrictions concerning development of
medical countermeasures against biological
warfare threats.
Sec. 1006. Report on budgeting for exchange rates for foreign currency
fluctuations.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Authority for award of contracts for ship dismantling on
net-cost basis.
Sec. 1012. Independent study to assess cost effectiveness of the Navy
ship construction program.
Sec. 1013. Authority to transfer specified former naval vessels to
certain foreign countries.
Sec. 1014. Limitation on leasing of foreign-built vessels.
Subtitle C--Sunken Military Craft
Sec. 1021. Preservation of title to sunken military craft and
associated contents.
Sec. 1022. Prohibitions.
Sec. 1023. Permits.
Sec. 1024. Penalties.
Sec. 1025. Liability for damages.
Sec. 1026. Relationship to other laws.
Sec. 1027. Encouragement of agreements with foreign countries.
Sec. 1028. Definitions.
Subtitle D--Counter-Drug Activities
Sec. 1031. Continuation of authority to use Department of Defense funds
for unified counterdrug and
counterterrorism campaign in Colombia.
Sec. 1032. Limitation on number of United States military personnel in
Colombia.
Subtitle E--Reports
Sec. 1041. Study of continued requirement for two-crew manning for
ballistic missile submarines.
Sec. 1042. Study of effect on defense industrial base of elimination of
United States domestic firearms
manufacturing base.
Sec. 1043. Study of extent and quality of training provided to members
of the Armed Services to prepare for post-
conflict operations.
Subtitle F--Security Matters
Sec. 1051. Use of National Driver Register for personnel security
investigations and determinations.
Sec. 1052. Standards for disqualification from eligibility for
Department of Defense security clearance .
Subtitle G--Transportation-Related Matters
Sec. 1061. Use of military aircraft to transport mail to and from
overseas locations.
Sec. 1062. Reorganization and clarification of certain provisions
relating to control and supervision of
transportation within the Department of
Defense.
Sec. 1063. Determination of whether private air carriers are controlled
by United States citizens for purposes of
eligibility for Government contracts for
transportation of passengers or supplies.
Sec. 1064. Evaluation of whether to prohibit certain offers for
transportation of security-sensitive cargo.
Subtitle H--Other Matters
Sec. 1071. Two-year extension of authority of the Secretary of Defense
to engage in commercial activities as
security for intelligence collection
activities abroad.
Sec. 1072. Assistance for study of feasibility of biennial
international air trade show in the United
States and for initial implementation.
Sec. 1073. Technical and clerical amendments.
Sec. 1074. Commission on the long-term implementation of the new
strategic posture of the United States.
Sec. 1075. Liability protection for certain Department of Defense
volunteers working in the maritime
environment.
Sec. 1076. Transfer of historic F3A-1 Brewster Corsair aircraft.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Payment of Federal employee health benefit premiums for
mobilized Federal employees.
Sec. 1102. Foreign language proficiency pay.
Sec. 1103. Pay parity for civilian intelligence personnel.
Sec. 1104. Pay parity for senior executives in nonappropriated fund
instrumentalities.
Sec. 1105. Prohibition of unauthorized wearing or use of civilian
medals or decorations.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Matters Relating to Iraq, Afghanistan, and Global War on
Terrorism
Sec. 1201. Documentation of conditions in Iraq under former dictatorial
government as part of transition to post-
dictatorial government.
Sec. 1202. Support of military operations to combat terrorism.
Sec. 1203. Commanders' Emergency Response Program.
Sec. 1204. Status of Iraqi security forces.
Sec. 1205. Guidance and report required on contractors supporting
deployed forces in Iraq.
Sec. 1206. Findings and sense of Congress concerning Army Specialist
Joseph Darby.
Subtitle B--Other Matters
Sec. 1211. Assignment of allied naval personnel to submarine safety
programs.
Sec. 1212. Expansion of entities of the People's Republic of China
subject to certain presidential authorities
when operating in the United States.
Sec. 1213. Report by President on Global Peace Operations Initiative.
Sec. 1214. Procurement sanctions against foreign persons that transfer
certain defense articles and services to
the People's Republic of China.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Temporary authority to waive limitation on funding for
chemical weapons destruction facility in
Russia.
TITLE XIV--EXPORT CONTROL AND COUNTERPROLIFERATION MATTERS
Subtitle A--Export Controls
Sec. 1401. Definitions under Arms Export Control Act.
Sec. 1402. Exemption from licensing requirements for export of
significant military equipment.
Sec. 1403. Cooperative projects with friendly foreign countries.
Sec. 1404. Licensing requirement for export of militarily critical
technologies.
Sec. 1405. Control of exports of United States weapons technology to
the People's Republic of China.
Sec. 1406. Strengthening international export controls.
Subtitle B--Counterproliferation Matters
Sec. 1411. Defense international counterproliferation programs.
Sec. 1412. Defense counterproliferation fellowship program.
Subtitle C--Initiatives Relating to Countries of Former Soviet Union
Sec. 1421. Silk Road initiative.
Sec. 1422. Teller-Kurchatov nonproliferation fellowships.
Sec. 1423. Collaboration to reduce the risks of a launch of Russian
nuclear weapons.
TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI
FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1501. Purpose.
Subtitle A--Authorization of Appropriations
Sec. 1511. Army procurement.
Sec. 1512. Navy and Marine Corps procurement.
Sec. 1513. Air Force procurement.
Sec. 1514. Defense-wide activities procurement.
Sec. 1515. Operation and maintenance.
Sec. 1516. Defense health program.
Sec. 1517. Military personnel.
Sec. 1518. Treatment as additional authorizations.
Sec. 1519. Transfer authority.
Sec. 1520. Designation of emergency authorizations.
Subtitle B--Personnel Provisions
Sec. 1531. Three-year increase in active Army strength levels.
Sec. 1532. Three-year increase in active Marine Corps strength levels.
Sec. 1533. Extension of increased rates for imminent danger pay and
family separation allowance.
Subtitle C--Financial Management Matters
Sec. 1541. Revised funding methodology for military retiree health care
benefits.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2004 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year
2003 project.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 2002
projects.
Sec. 2703. Extension and renewal of authorizations of certain fiscal
year 2001 projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Increase in certain thresholds for carrying out unspecified
minor military construction projects.
Sec. 2802. Assessment of vulnerability of military installations to
terrorist attack and annual report on
military construction requirements related
to antiterrorism and force protection.
Sec. 2803. Change in threshold for congressional notification regarding
use of operation and maintenance funds for
facility repair.
Sec. 2804. Reporting requirements regarding military family housing
requirements for general officers and flag
officers.
Sec. 2805. Congressional notification of deviations from authorized
cost variations for military construction
projects and military family housing
projects.
Sec. 2806. Repeal of limitation on use of alternative authority for
acquisition and improvement of military
family housing.
Sec. 2807. Temporary authority to accelerate design efforts for
military construction projects carried out
using design-build selection procedures.
Sec. 2808. Exchange or sale of reserve component facilities to acquire
replacement facilities.
Sec. 2809. One-year extension of temporary, limited authority to use
operation and maintenance funds for
construction projects outside the United
States.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Increase in certain thresholds for reporting real property
transactions.
Sec. 2812. Reorganization of existing administrative provisions
relating to real property transactions.
Sec. 2813. Treatment of money rentals from golf course at Rock Island
Arsenal, Illinois.
Sec. 2814. Number of contracts authorized department-wide under
demonstration program on reduction in long-
term facility maintenance costs.
Sec. 2815. Repeal of Commission on Review of Overseas Military Facility
Structure of the United States.
Sec. 2816. Designation of Airmen Leadership School at Luke Air Force
Base, Arizona, in honor of John J. Rhodes,
a former minority leader of the House of
Representatives.
Sec. 2817. Elimination of reversionary interests clouding United States
title to property used as Navy homeports.
Sec. 2818. Report on real property disposal at Marine Corps Air
Station, El Toro, California.
Subtitle C--Base Closure and Realignment
Sec. 2821. Two-year postponement of 2005 base closure and realignment
round and submission of reports regarding
future infrastructure requirements for the
armed forces.
Sec. 2822. Establishment of specific deadline for submission of
revisions to force-structure plan and
infrastructure inventory for next base
closure round.
Sec. 2823. Specification of final selection criteria for next base
closure round.
Sec. 2824. Requirement for unanimous vote of Defense Base Closure and
Realignment Commission to add to or
otherwise expand closure and realignment
recommendations made by Secretary of
Defense.
Sec. 2825. Adherence to certain authorities on preservation of military
depot capabilities during any subsequent
round of base closures and realignments.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2831. Transfer of administrative jurisdiction, Defense Supply
Center, Columbus, Ohio.
Sec. 2832. Land conveyance, Fort Hood, Texas.
Sec. 2833. Land conveyance, Army National Guard Facility, Seattle,
Washington.
Part II--Navy Conveyances
Sec. 2841. Transfer of jurisdiction, Nebraska Avenue Naval Complex,
District of Columbia.
Sec. 2842. Land conveyance, Navy property, former Fort Sheridan,
Illinois.
Sec. 2843. Land exchange, Naval Air Station, Patuxent River, Maryland.
Part III--Air Force Conveyances
Sec. 2851. Land exchange, Maxwell Air Force Base, Alabama.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Extension of authority for appointment of certain
scientific, engineering, and technical
personnel.
Sec. 3112. Requirements for baseline of projects under Facilities and
Infrastructure Recapitalization Program.
Subtitle C--Other Matters
Sec. 3131. Transfers and reprogrammings of National Nuclear Security
Administration funds.
Sec. 3132. National Academy of Sciences study on management by
Department of Energy of high-level
radioactive waste.
Sec. 3133. Contract to review Waste Isolation Pilot Plant, New Mexico.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Relaxation of quantity restrictions on disposal of manganese
ferro in National Defense Stockpile.
Sec. 3303. Revision of earlier authority to dispose of certain
materials in National Defense Stockpile.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for Maritime Administration.
Sec. 3502. Extension of authority to provide war risk insurance for
merchant marine vessels.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section 101(a)(16) of
title 10, United States Code.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2005
for procurement for the Army as follows:
(1) For aircraft, $2,805,941,000.
(2) For missiles, $1,414,321,000.
(3) For weapons and tracked combat vehicles,
$1,739,695,000.
(4) For ammunition, $1,729,402,000.
(5) For other procurement, $4,313,640,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 2005 for procurement for the Navy as follows:
(1) For aircraft, $8,912,667,000.
(2) For weapons, including missiles and torpedoes,
$2,253,454,000.
(3) For ammunition, $870,840,000.
(4) For shipbuilding and conversion, $10,120,027,000.
(5) For other procurement, $4,876,725,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2005 for procurement for the Marine Corps in the amount
of $1,315,103,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2005
for procurement for the Air Force as follows:
(1) For aircraft, $13,649,174,000.
(2) For ammunition, $1,396,457,000.
(3) For missiles, $4,638,313,000.
(4) For other procurement, $13,229,257,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2005
for Defense-wide procurement in the amount of $2,950,702,000.
Subtitle B--Program Matters
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR THE LIGHT-WEIGHT 155-
MILLIMETER HOWITZER PROGRAM.
The Secretary of the Army and the Secretary of the Navy may, in
accordance with section 2306b of title 10, United States Code, jointly
enter into a multiyear contract, beginning with the fiscal year 2005
program year, for procurement of the light-weight 155-millimeter
howitzer.
SEC. 112. DDG-51 MODERNIZATION PROGRAM.
(a) Acceleration of Modernization Program.--The Secretary of the
Navy shall accelerate the program for in-service modernization of the
DDG-51 class of destroyers. As part of that modernization program, the
Secretary shall include additional emphasis on determining a means to
reduce crew size from approximately 300 to about 200.
(b) Report.--Not later than March 31, 2005, the Secretary of the
Navy shall submit to the congressional defense committees a report on
the steps taken as of that date to carry out subsection (a).
SEC. 113. REPEAL OF AUTHORITY FOR PILOT PROGRAM FOR FLEXIBLE FUNDING OF
CRUISER CONVERSIONS AND OVERHAULS.
Section 126 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1410; 10 U.S.C. 7291 note) is
repealed.
SEC. 114. FORCE PROTECTION FOR ASYMMETRIC THREAT ENVIRONMENT.
(a) Requirement for Asymmetric Threat Assessment.--(1) The
Secretary of Defense shall require the Secretary of each military
department to perform an assessment of the survivability and
suitability against asymmetrical threats of each of the following
military systems under the jurisdiction of that Secretary:
(A) Each manned ground system or war-fighter survivability
system that may be required to deploy in an asymmetrical threat
environment.
(B) Each manned airborne system that may be required to
deploy in an asymmetrical threat environment.
(2) For each system covered by paragraph (1), the Secretary
concerned shall establish the key performance parameters for
survivability and suitability against asymmetric threats.
(3) The assessments under paragraph (1) shall be completed not
later than July 1, 2005.
(4) The Secretary of each military department shall review annually
the assessments under paragraph (1) conducted by that Secretary to
ensure that the assessments remains relevant to the asymmetric threat
environment.
(b) Requirement for Force Protection.--(1) The Secretary of Defense
shall require the Secretary of each military department, for each
system covered by subsection (a)(1) under that Secretary's
jurisdiction, either to--
(A) take each of the force protection or survivability
steps specified in paragraph (2); or
(B) restrict the system from deployment to an asymmetrical
threat environment.
(2) The force protection or survivability steps for a system
covered by subsection (a)(1) are the following:
(A) Development of force protection or survivability
enhancements for the system that meet the key performance
parameters established for that system under subsection (a)(2).
(B) Budgeting for in-service modification programs for the
system to provide force protection and survivability
enhancements developed under subparagraph (A).
(C) Development of tactics, techniques, and procedures for
the system to maximize force protection and survivability.
(c) Waiver.--The Secretary of Defense may waive the applicability
of subsection (b) to a system covered by subsection (a)(1) if the
Secretary determines that, but for such a waiver, the Department would
be unable to meet national security objectives. Whenever the Secretary
makes such a determination and authorizes such a waiver, the Secretary
shall submit notice of such waiver and of the Secretary's determination
and the reasons therefor in writing to the congressional defense
committees.
(d) Requirement for New Development Military Acquisition
Programs.--The Secretary of Defense shall require the Secretary of each
military department, for each military acquisition program that has not
entered low-rate initial production as of the date of the enactment of
this Act, to include in the development of that program--
(1) as part of the system requirements development,
assessments of war-fighter survivability and of system
suitability against asymmetrical threats; and
(2) as part of the documentation of system requirements,
requirements for key performance parameters for force
protection and survivability.
(e) Asymmetrical Threat Environment.--For purposes of this section,
the term ``asymmetrical threat environment'', with respect to a manned
system, means a security, stability, or peacekeeping operation in which
the system is deployed or any other such environment in which an
asymmetrical threat may exist (or, in the case of a manned airborne
system, another such environment in which airborne operations would
subject the system to a ground-based asymmetrical threat).
SEC. 115. ALLOCATION OF EQUIPMENT AUTHORIZED BY THIS TITLE TO BE MADE
ON BASIS OF UNITS DEPLOYED OR PREPARING TO DEPLOY.
The Secretary of Defense shall provide that, in the allocation to
operational units of equipment acquired using funds authorized to be
appropriated by this title, priority shall be given to units that are
deployed to, or preparing to deploy to, Operation Iraqi Freedom or
Operation Enduring Freedom, regardless of the status of those units as
active, Guard, or reserve component units.
SEC. 116. MULTIYEAR PROCUREMENT AUTHORITY FOR KC-767 TANKER AIRCRAFT
ACQUISITION PROGRAM.
(a) Multiyear Procurement Authority.--(1) The Secretary of the Air
Force may, in accordance with section 2306b of title 10, United States
Code, enter into a multiyear contract, beginning with the fiscal year
2005 program year, for procurement of 80 KC-767 tanker aircraft.
(2) Notwithstanding subsection (k) of section 2306b of title 10,
United States Code, a contract under this subsection may be for any
period not in excess of eight program years.
(b) Limitation.--Subsection (b) of section 135 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117
Stat. 1413; 10 U.S.C. 2401a note) is repealed.
(c) Relationship to Previous Law.--The multiyear procurement
authority in subsection (a) may not be executed under section 135 of
the National Defense Authorization Act for Fiscal Year 2004 (Public Law
108-136; 117 Stat. 1413; 10 U.S.C. 2401a note) or under section 8159 of
the Department of Defense Appropriations Act, 2002 (division A of
Public Law 107-117).
SEC. 117. OTHER MATTERS RELATING TO KC-767 TANKER AIRCRAFT ACQUISITION
PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) aerial refueling capability for the Armed Forces is a
critical combat force multiplier;
(2) the Nation must expeditiously proceed with a program to
replace the Air Force's aging fleet of aerial refueling
tankers;
(3) in pursuing an aerial refueling tanker program, the
Department of Defense should take full advantage of the United
States commercial aircraft production base; and
(4) anyone suspected of involvement in improper or illegal
activities associated with such a program should be
investigated and, if warranted, prosecuted to the fullest
extent of the law.
(b) Requirement for Renegotiation of Contract.--The Secretary of
the Air Force shall enter into one or more contracts for the Air Force
multiyear tanker aircraft program, provided that any such contract is
negotiated after June 1, 2004.
(c) Review by Outside Panel.--(1) The Secretary of Defense shall
establish a panel of experts from outside the Department of Defense to
review any proposed contract for the multiyear tanker aircraft program.
The panel shall be comprised of individuals who, by reason of
education, training, or experience, have expertise relevant to the
evaluation of a proposed contract for the lease or procurement of
aircraft under that program.
(2) The panel shall review any proposed contract for the multiyear
tanker aircraft program to assess, and assist the Secretary of the Air
Force in determining, whether the Air Force would under that contract
obtain the best value for funds expended. The panel shall serve in
whatever manner the Secretary of Defense determines is appropriate to
provide an independent review of any such proposed contract. The
Secretary shall provide for the panel to make a determination of, and
to advise the Secretary of the Air Force on, what would constitute a
fair and reasonable contract for that program.
(d) Report.--The Secretary of Defense shall provide for the panel
established under subsection (c) to submit a report providing the
results of its review to the Secretary of the Air Force and the
congressional defense committees.
(e) Multiyear Tanker Aircraft Program Defined.--In this section,
the term ``multiyear tanker aircraft program'' means the program for--
(1) lease of no more than 20 aerial refueling aircraft for
the Air Force authorized under section 8159 of the Department
of Defense Appropriations Act, 2002 (division A of Public Law
107-117; 115 Stat. 2284), subject to section 135(a) of the
National Defense Authorization Act for Fiscal Year 2004 (Public
Law 108-136; 117 Stat. 1413); and
(2) procurement of no more than 80 KC-767 tanker aircraft
for which a multiyear procurement contract is authorized by
section 116(a) of this Act.
(f) Interpretation.--Section 134 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1412) is amended by adding at the end the following new subsection:
``(c) Interpretation.--Nothing in subsection (b) or section 1111 of
the Emergency Supplemental Appropriations Act for Defense and for the
Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-106; 117
Stat. 1215) is intended to prohibit the Secretary of the Air Force from
executing the program described in section 135(a) of this Act and
section 116 of the National Defense Authorization Act for Fiscal Year
2005.''.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2005 for the use of the Department of Defense for research,
development, test, and evaluation as follows:
(1) For the Army, $9,478,164,000.
(2) For the Navy, $16,047,841,000.
(3) For the Air Force, $21,527,967,000.
(4) For Defense-wide activities, $21,074,389,000, of which
$305,135,000 is authorized for the Director of Operational Test
and Evaluation.
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.
(a) Fiscal Year 2005.--Of the amounts authorized to be appropriated
by section 201, $11,067,698,000 shall be available for the Defense
Science and Technology Program, including basic research, applied
research, and advanced technology development projects.
(b) Basic Research, Applied Research, and Advanced Technology
Development Defined.--For purposes of this section, the term ``basic
research, applied research, and advanced technology development'' means
work funded in program elements for defense research and development
under Department of Defense category 6.1, 6.2, or 6.3.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. FUTURE COMBAT SYSTEMS PROGRAM STRATEGY.
(a) Program Strategy Required.--The Secretary of the Army shall
establish and implement a program strategy for the Future Combat
Systems acquisition program of the Army. The purpose of the program
strategy shall be to provide an effective, affordable, producible, and
supportable military capability with a realistic schedule and a robust
cost estimate.
(b) Elements of Program Strategy.--The program strategy shall--
(1) require the release, at the design readiness review, of
not less than 90 percent of engineering drawings for the
building of prototypes;
(2) require, before facilitating production or contracting
for items with long lead times, that an acceptable
demonstration be carried out of the performance of the
information network, including the performance of the Joint
Tactical Radio System and the Warfighter Information Network-
Tactical; and
(3) require, before the initial production decision, that
an acceptable demonstration be carried out of the collective
capability of each system to meet system-of-systems
requirements when integrated with the information network.
(c) Required Submissions to Congress.--Before convening the
Milestone B update for the Future Combat Systems acquisition program
required by the Future Combat Systems acquisition decision memorandum,
the Under Secretary of Defense for Acquisition, Technology, and
Logistics shall submit to Congress each of the following documents:
(1) The independent cost estimate with respect to the
program prepared by the cost analysis improvement group of the
Office of the Secretary of Defense.
(2) A report, prepared by an independent panel, on the
maturity levels of the critical technologies with respect to
the program, including an assessment of those technologies that
are likely to require a decision to use an alternative
approach.
(3) A report, prepared by the chief information officer of
the Army, describing--
(A) the status of the development and integration
of the network and the command, control, computers,
communications, intelligence, surveillance, and
reconnaissance components; and
(B) the progress made toward meeting the
requirements for network-centric capabilities as set
forth by such officer.
(4) A report identifying the key performance parameters
with respect to the program, with all objectives and thresholds
quantified, together with the supporting analytical rationale.
(d) Limitation on Funding.--(1) Except as provided in paragraph
(2), the Secretary of the Army may not obligate, from amounts made
available for fiscal year 2005, more than $2,200,000,000 for the Future
Combat Systems acquisition program.
(2) The limitation in paragraph (1) shall not apply after the
Secretary of the Army submits to Congress the Secretary's certification
that the Secretary has established and implemented the program strategy
required by subsection (a).
SEC. 212. COLLABORATIVE PROGRAM FOR RESEARCH AND DEVELOPMENT OF VACUUM
ELECTRONICS TECHNOLOGIES.
(a) Program Required.--The Secretary of Defense shall establish a
program for research and development in advanced vacuum electronics to
meet the requirements of the Department of Defense electromagnetic
systems.
(b) Description of Program.--The program under subsection (a) shall
be carried out collaboratively by the Director of Defense Research and
Engineering, the Secretary of the Navy, the Secretary of the Air Force,
the Secretary of the Army, and other appropriate elements of the
Department of Defense. The program shall include the following
activities:
(1) Activities needed for development and maturation of
advanced vacuum electronics technologies needed to meet the
requirements of the Department of Defense.
(2) Identification of legacy and developmental
electromagnetic systems for use of advanced vacuum electronics
under the program.
(c) Report.--Not later than January 31, 2005, the Director of
Defense Research and Engineering shall submit to the congressional
defense committees a report on the implementation of the program under
subsection (a). The report shall include the following:
(1) Identification of the officer to have lead
responsibility for carrying out the program.
(2) A description of the management plan for the program
and any agreements relating to that plan.
(3) A schedule for the program.
(4) Identification of the funding required for fiscal year
2006 and for the future-years defense program to carry out the
program.
(5) A list of program capability goals and objectives.
(d) Funding.--Of the funds authorized to be appropriated in section
201--
(1) $13,500,000 shall be available in program element
62771N for applied research in vacuum electronics; and
(2) $5,000,000 shall be available in program element 63771N
for advanced technology development in vacuum electronics.
SEC. 213. ANNUAL COMPTROLLER GENERAL REPORT ON JOINT STRIKE FIGHTER
PROGRAM.
(a) Annual GAO Review.--The Comptroller General shall conduct an
annual review of the Joint Strike Fighter aircraft program and shall,
not later than March 15 of each year, submit to Congress a report on
the results of the most recent review. With each such report, the
Comptroller General shall submit a certification as to whether the
Comptroller General has had access to sufficient information to enable
the Comptroller General to make informed judgments on the matters
covered by the report.
(b) Matters to Be Included.--Each report on the Joint Strike
Fighter aircraft program under subsection (a) shall include the
following with respect to system development and demonstration under
the program:
(1) The extent to which such system development and
demonstration is meeting established goals, including the goals
established for performance, cost, and schedule.
(2) The plan for such system development and demonstration
(leading to production) for the fiscal year that begins in the
year in which the report is submitted.
(3) The Comptroller General's conclusion regarding whether
such system development and demonstration (leading to
production) is likely to be completed at a total cost not in
excess of the amount specified (or to be specified) for such
purpose in the Selected Acquisition report for the Joint Strike
Fighter aircraft program under section 2432 of title 10, United
States Code, for the first quarter of the fiscal year during
which the report of the Comptroller General is submitted.
(c) Requirement to Support Annual GAO Review.--The Secretary of
Defense and the prime contractor for the Joint Strike Fighter aircraft
program shall provide to the Comptroller General such information on
that program as the Comptroller General considers necessary to carry
out the responsibilities of the Comptroller General under this section,
including such information as is necessary for the purposes of
subsection (b)(3).
(d) Termination.--No report is required under this section after
the report that, under subsection (a), is required to be submitted not
later than March 15, 2009.
SEC. 214. AMOUNTS FOR UNITED STATES JOINT FORCES COMMAND TO BE DERIVED
ONLY FROM DEFENSE-WIDE AMOUNTS.
(a) In General.--Chapter 9 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 232. United States Joint Forces Command: amounts for research,
development, test, and evaluation to be derived only from
Defense-wide amounts
``(a) Requirement.--Amounts for research, development, test, and
evaluation for the United States Joint Forces Command shall be derived
only from amounts made available to the Department of Defense for
Defense-wide research, development, test, and evaluation.
``(b) Separate Display in Budget.--Any amount in the budget
submitted to Congress under section 1105 of title 31 for any fiscal
year for research, development, test, and evaluation for the United
States Joint Forces Command shall be set forth under the account of the
Department of Defense for Defense-wide research, development, test, and
evaluation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``232. United States Joint Forces Command: amounts for research,
development, test, and evaluation to be
derived only from Defense-wide amounts.''.
SEC. 215. AUTHORITY OF DIRECTOR OF DEFENSE RESEARCH AND ENGINEERING TO
AWARD PRIZES FOR ADVANCED TECHNOLOGY ACHIEVEMENTS.
Section 2374a(a) of title 10, United States Code, is amended by
striking ``acting through the Director of the Defense Advanced Research
Projects Agency'' and inserting ``acting through the Director of
Defense Research and Engineering''.
SEC. 216. SPACE BASED RADAR.
(a) Limitation.--In carrying out the Space Based Radar program, the
Secretary of Defense may not authorize that program to proceed into the
system development and procurement phase referred to as Milestone B
until the Secretary--
(1) submits to the congressional defense committees, the
Permanent Select Committee on Intelligence of the House of
Representatives, and the Select Committee on Intelligence of
the Senate a report described in subsection (b); and
(2) a period of 30 days has elapsed after the date on which
such report is submitted.
(b) Report.--A report under this subsection is a report on the
Space Based Radar program in which the Secretary of Defense sets forth
the following with respect to that program:
(1) A description of the technical system concept selected.
(2) A description of the concept of operations associated
with the technical system concept selected.
(3) An independent cost estimate for development and
procurement under the program.
(4) The acquisition strategy for the program.
SEC. 217. MARK-54 TORPEDO PRODUCT IMPROVEMENT PROGRAM.
Of the amount provided in section 201 for research, development,
test, and evaluation for the Navy, $2,000,000 within the budget line
designated as line 120 shall be available for the Mark-54 Torpedo
Product Improvement Program.
Subtitle C--Ballistic Missile Defense
SEC. 221. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.
(a) Authority.--Funds described in subsection (b) may, upon
approval by the Secretary of Defense, be used for the development and
fielding of ballistic missile defense capabilities.
(b) Covered Funds.--Subsection (a) applies to funds appropriated
for fiscal year 2005 or fiscal year 2006 for research, development,
test, and evaluation for the Missile Defense Agency.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SECTION 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2005
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $25,838,611,000.
(2) For the Navy, $29,523,490,000.
(3) For the Marine Corps, $3,637,615,000.
(4) For the Air Force, $27,143,566,000.
(5) For Defense-wide activities, $17,317,406,000.
(6) For the Army Reserve, $2,003,728,000.
(7) For the Naval Reserve, $1,240,038,000.
(8) For the Marine Corps Reserve, $188,696,000
(9) For the Air Force Reserve, $2,226,790,000
(10) For the Army National Guard, $4,425,686,000.
(11) For the Air National Guard, $4,448,938,000.
(12) For the United States Court of Appeals for the Armed
Forces, $10,825,000.
(13) For Environmental Restoration, Army, $400,948,000.
(14) For Environmental Restoration, Navy, $266,820,000.
(15) For Environmental Restoration, Air Force,
$397,368,000.
(16) For Environmental Restoration, Defense-wide,
$23,684,000
(17) For Environmental Restoration, Formerly Used Defense
Sites, $216,516,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $59,000,000.
(19) For Cooperative Threat Reduction programs,
$409,200,000.
(20) For the Overseas Contingency Operations Transfer Fund,
$5,000,000.
(21) For the Defense Industrial Base Capabilities Fund,
$50,000,000
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2005
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $372,886,000.
(2) For the National Defense Sealift Fund, $1,219,252,000.
(3) For the Defense Working Capital Fund, Defense
Commissary, $1,175,000,000
SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) Defense Health Program.--Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2005 for
expenses, not otherwise provided for, for the Defense Health Program,
$17,811,586,000, of which--
(1) $17,374,544,000 is for Operation and Maintenance;
(2) $72,407,000 is for Research, Development, Test, and
Evaluation; and
(3) $364,635,000 is for Procurement.
(b) Chemical Agents and Munitions Destruction, Defense.--(1) Funds
are hereby authorized to be appropriated for the Department of Defense
for fiscal year 2005 for expenses, not otherwise provided for, for
Chemical Agents and Munitions Destruction, Defense, $1,371,990,000, of
which--
(A) $1,138,801,000 is for Operation and Maintenance;
(B) $154,209,000 is for Research, Development, Test, and
Evaluation; and
(C) $78,980,000 is for Procurement.
(2) Amounts authorized to be appropriated under paragraph (1) are
authorized for--
(A) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(B) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
(c) Drug Interdiction and Counter-Drug Activities, Defense-wide.--
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2005 for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-wide,
$852,697,000.
(d) Defense Inspector General.--Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2005 for
expenses, not otherwise provided for, for the Office of the Inspector
General of the Department of Defense, $193,562,000, of which--
(1) $191,362,000 is for Operation and Maintenance;
(2) $2,100,000 is for Research, Development, Test, and
Evaluation; and
(3) $100,000 is for Procurement.
SEC. 304. REIMBURSEMENT OF MEMBERS OF THE ARMED FORCES WHO PURCHASED
PROTECTIVE BODY ARMOR DURING SHORTAGE OF DEFENSE STOCKS
OF BODY ARMOR.
(a) Reimbursement Authorized.--The Secretary of Defense may
reimburse a member of the Armed Forces for the cost of protective body
armor purchased by the member, or by another person on behalf of the
member, for use by the member while deployed in connection with
Operation Noble Eagle, Operation Enduring Freedom, or Operation Iraqi
Freedom if the member was not issued protective body armor before the
member became engaged in operations in areas or situations described in
section 310(a)(2) of title 37, United States Code.
(b) Duration of Authority.--Reimbursement may be provided under
subsection (a) for protective body armor purchased during the period
beginning on September 11, 2001, and ending on December 31, 2003. Not
later than 60 days after the date of the enactment of this Act, the
Secretary shall implement regulations to expedite the provision of such
reimbursement.
Subtitle B--Environmental Provisions
SEC. 311. REPORT REGARDING ENCROACHMENT ISSUES AFFECTING UTAH TEST AND
TRAINING RANGE, UTAH.
(a) Report Required.--The Secretary of the Air Force shall prepare
a report that outlines current and anticipated encroachments on the use
and utility of the special use airspace of the Utah Test and Training
Range in the State of Utah, including encroachments brought about
through actions of other Federal agencies. The Secretary shall include
such recommendations as the Secretary considers appropriate regarding
any legislative initiatives necessary to address encroachment problems
identified by the Secretary in the report.
(b) Submission of Report.--Not later than one year after the date
of the enactment of this Act, the Secretary shall submit the report to
the Committee on Armed Services of the House of Representatives and the
Committee on Armed Services of the Senate.
Subtitle C--Workplace and Depot Issues
SEC. 321. SIMPLIFICATION OF ANNUAL REPORTING REQUIREMENTS CONCERNING
FUNDS EXPENDED FOR DEPOT MAINTENANCE AND REPAIR
WORKLOADS.
Subsection (d) of section 2466 of title 10, United States Code, is
amended to read as follows:
``(d) Annual Report and Review.--(1) Not later than April 1 of each
year, the Secretary of Defense shall submit to Congress a report
identifying, for each of the armed forces (other than the Coast Guard)
and each Defense Agency, the percentage of the funds referred to in
subsection (a) that was expended during the preceding fiscal year, and
are projected to be expended in the current fiscal year and next fiscal
year, for performance of depot-level maintenance and repair workloads
by the public and private sectors.
``(2) Not later than 60 days after the date on which the Secretary
submits a report under paragraph (1), the Comptroller General shall
submit to Congress the Comptroller General's views on whether--
``(A) the Department of Defense has complied with the
requirements of subsection (a) during the preceding fiscal year
covered by the report; and
``(B) the expenditure projections for the current fiscal
year and next fiscal year are reasonable.''.
SEC. 322. REPEAL OF ANNUAL REPORTING REQUIREMENT CONCERNING MANAGEMENT
OF DEPOT EMPLOYEES.
(a) Repeal.--Section 2472 of title 10, United States Code, is
amended--
(1) by striking ``(a) Prohibition on Management by End
Strength.--''; and
(2) by striking subsection (b).
(b) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 2472. Prohibition on management of depot employees by end
strength''.
(2) The table of sections at the beginning of chapter 146 of such
title is amended by striking the item relating to section 2472 and
inserting the following new item:
``2472. Prohibition on management of depot employees by end
strength.''.
SEC. 323. PUBLIC-PRIVATE COMPETITION FOR WORK PERFORMED BY CIVILIAN
EMPLOYEES OF DEPARTMENT OF DEFENSE.
(a) In General.--Section 2461(b) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(5)(A) A function of the Department of Defense performed by 10 or
more civilian employees may not be converted, in whole or in part, to
performance by a contractor unless, the conversion is based on the
results of a public-private competition process that--
``(i) formally compares the cost of civilian employee
performance of the function with the costs of performance by a
contractor;
``(ii) creates an agency tender, including a most efficient
organization plan, in accordance with Office of Management and
Budget Circular A-76, as implemented on May 29, 2003;
``(iii) determines whether the submitted offers meet the
needs of the Department of Defense with respect to factors
other than cost, including quality and reliability;
``(iv) requires continued performance of the function by
civilian employees if the cost of performance of the function
by a contractor would, over all performance periods required by
the solicitation, cost less than--
``(I) 10 percent of the personnel-related costs for
performance of that activity or function in the agency
tender; or
``(II) $10,000,000; and
``(v) provides no advantage to an offeror for a proposal to
reduce costs for the Department of Defense by--
``(I) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed in the performance of such function under a
contract; or
``(II) offering to such workers an employer-
sponsored health benefits plan that requires the
employer to contribute less towards the premium or
subscription share than that which is paid by the
Department of Defense for health benefits for civilian
employees under chapter 89 of title 5.
``(B) Any modification, reorganization, division, or other change
in the organization of a function of the Department of Defense so that
is performed by less than 10 civilian employees of the Department of
Defense and, therefore, excluded from subparagraph (A), is prohibited.
``(C) Any function that is performed by civilian employees of the
Department of Defense and is proposed to be reengineered, reorganized,
modernized, upgraded, expanded, or changed in order to become more
efficient, but the civilian employees would still provide essentially
the same service, is subject to the competition requirement in
subparagraph (A).
``(D) The cost savings requirement specified in subparagraph (A)
does not apply to any contracts for special studies and analyses,
construction services, architectural services, medical services,
scientific and technical services related to (but not in support of)
research and development, and depot-level maintenance and repair
services.
``(E) The Secretary of Defense may waive the competition
requirement in specific instances if--
``(i) the written waiver is prepared by the Secretary of
Defense, or the relevant Assistant Secretary or agency head;
``(ii) the written waiver is accompanied by a detailed
determination that national security interests are so
compelling as to preclude compliance with the requirement for a
public-private competition; and
``(iii) a copy of the waiver is published in the Federal
Register within 10 working days after the date on which the
waiver is invoked, although use of the waiver need not be
delayed until its publication.''.
(b) Relation to Pilot Program.--Paragraph (5) of section 2461(b) of
title 10, United States Code, as added by subsection (a) shall not
apply with respect to the pilot program for best-value source selection
for performance of information technology services authorized by
section 336 of the National Defense Authorization Act for Fiscal Year
2004 (Public Law 108-136; 117 Stat. 1444; 10 U.S.C. 2461 note).
SEC. 324. PUBLIC-PRIVATE COMPETITION PILOT PROGRAM.
(a) Purpose.--The Secretary of Defense shall establish a pilot
program to examine the use of the public-private competition process of
Office of Management and Budget Circular A-76 on new requirements, as
defined by such Circular, and functions currently being performed by
contractors that could be performed by civilian employees.
(b) Duration.--The Secretary of Defense shall carry out the pilot
program during fiscal years 2005 and 2006.
(c) Requirement for Public-Private Competition for New Work.--(1)
By the end of the pilot project, the Secretary of Defense shall have
allowed civilian employees to compete through the standard competition
process of Office of Management and Budget Circular A-76 for new
requirements, as defined by such Circular, that are approximately one-
tenth in value of the funds spent by the Department of Defense during
the two fiscal years of the pilot project on all functions that are
considered new requirements, as defined by such Circular.
(2) The Department of Defense shall not receive credit towards
compliance with the pilot program for subjecting to public-private
competition--
(A) any contract to be awarded to small business concerns
that meet the requirements under section 3(a) of the Small
Business Act (15 U.S.C. 632(a)) and regulations under that
section;
(B) any contract to be performed by contractor employees
who are represented by a private sector labor union; or
(C) any contract related to special studies and analyses,
construction services, architectural services, medical
services, scientific and technical services related to (but not
in support of) research and development, and depot-level
maintenance and repair services.
(d) Functions Performed by Contractors.--(1) By the end of the
pilot project, the Secretary of Defense shall have subjected a number
of contractor employees to public-private competition through the
standard competition process of Office of Management and Budget
Circular A-76 that is approximately one-tenth of the number of civilian
employees subject to public-private competition during the two fiscal
years of the pilot project.
(2) The Department of Defense shall, to the extent possible,
subject to public-private competition those positions held by
contractor employees that are associated with functions that are or
have been performed at least in part by Federal employees at any time
on or after October 1, 1980; and
(3) Subsection (c)(2) shall also apply to this subsection.
(e) Waiver.--The implementation of the pilot project may be waived
if--
(1) the written waiver is prepared by the Secretary of
Defense;
(2) the written waiver is accompanied by a detailed
determination that national security interests are so
compelling as to preclude compliance with the competition
requirement; and
(3) a copy of the waiver is published in the Federal
Register within 10 working days after the date on which the
waiver is invoked, although use of the waiver need not be
delayed until its publication.
(f) Report.--At the end of each fiscal year of the pilot program,
the Inspector General of the Department of Defense shall submit to
Congress a report on the results of the pilot program, including the
extent to which the Department of Defense complied with the
requirements of this section.
SEC. 325. SENSE OF CONGRESS ON EQUITABLE LEGAL STANDING FOR CIVILIAN
EMPLOYEES.
It is the sense of Congress that, in order to ensure that, when
public-private competitions are held, they are conducted as fairly,
effectively, and efficiently as possible, competing parties, both
Department of Defense civilian employees (or their representatives) and
contractors (or their representatives) should receive comparable
treatment throughout the competition regarding access to relevant
information and legal standing to challenge the way a competition has
been conducted at all appropriate forums, including the General
Accounting Office and the United States Court of Federal Claims.
SEC. 326. COMPETITIVE SOURCING REPORTING REQUIREMENT.
(a) Report Required.--Not later than February 1, 2005, the
Inspector General of the Department of Defense shall submit to Congress
a report addressing whether the Department of Defense--
(1) employs a sufficient number of adequately trained
civilian employees to conduct satisfactorily, taking into
account equity, efficiency and expeditiousness, all of the
public-private competitions that are scheduled to be undertaken
by the Department of Defense during the next fiscal year
(including a sufficient number of employees to formulate
satisfactorily the performance work statements and most
efficient organization plans for the purposes of such
competitions) and to administer any resulting contracts; and
(2) has implemented a comprehensive and reliable system to
track and assess the cost and quality of the performance of
functions of the Department of Defense by service contractors,
to update the records of such costs and the assessments each
fiscal quarter, and to make such information available in
reports to Congress and the public, including through the use
of electronic means, except that proprietary information and
information to which section 552(b)(1) of title 5, United
States Code, applies shall be excised from information
published or reports made available.
(b) Elements of Tracking System.--The system of the Department of
Defense for tracking cost and quality of performance of a function
under a service contract shall include at least the following data
elements:
(1) The contract number and the applicable Federal supply
class or service code.
(2) The name, business address, and business telephone of
the agency official who supervises the service contract.
(3) The statutory, regulatory, or other authority for
entering into the service contract and, if a public-private
competition was not used in the determination of whether to
provide for performance of the activity or function by a
contractor, an explanation of the reasons for not doing so.
(4) The cost to the Department of Defense of conducting the
public-private competition under Office of Management and
Budget Circular A-76, if one was undertaken, including the cost
of consultants as well as civilian employees.
(5) In the case of a function formerly performed by
civilian employees, the actual cost of the performance by such
employees.
(6) The cost to the Department of Defense of civilian
employee performance of the function under the most efficient
organization plan.
(7) The anticipated cost of contractor performance, based
on the award.
(8) The cost to the Department of Defense for performance
of the function by the contractor.
(9) A description of the quality control process used by
the agency in connection with monitoring the contract
performance (including the applicable quality control standards
and the frequency of the quality control reports), together
with an assessment of whether the contractor achieved,
exceeded, or failed to achieve the quality control standards.
(c) Assessment of Tracking System.--The Inspector General of the
Department of Defense shall include in the report required by
subsection (a) an assessment of the comprehensiveness and reliability
of the Department of Defense system for tracking cost and quality of
performance of a function under a service contract, including
compliance with each of the requirements specified in subsection (b).
The Inspector General shall base the assessment on an audit of a
representative sample of service contracts. The report shall also
include recommendations by the Inspector General regarding how
weaknesses identified in the Department of Defense infrastructure for
competitive sourcing can be rectified, whether through the use of
different processes or the availability of additional employees,
additional training, or additional resources.
Subtitle D--Information Technology
SEC. 331. PREPARATION OF DEPARTMENT OF DEFENSE PLAN FOR TRANSITION TO
INTERNET PROTOCOL VERSION 6.
(a) Transition Plan.--The Secretary of Defense shall prepare a plan
to provide for the transition of Department of Defense information
technology systems to Internet Protocol version 6 from the present use
of Internet Protocol version 4 and other network protocols. The plan
shall outline the networking and security system equipment that will
need to be replaced, including the timing and costs of such
replacement, address how the current and new networks and security
systems will be managed, and assess the potential impact of the
transition, include any proposed measures to alleviate any adverse
affects. In preparing the transition plan, the Secretary shall compare
private industry plans for the transition to Internet Protocol version
6.
(b) Testing and Evaluation for Internet Protocol.--To determine
whether a change to the use of Internet Protocol version 6 will support
Department of Defense requirements, the Secretary of Defense shall
provide for a rigorous, real-world end-to-end testing of Internet
Protocol version 6, as proposed for use by the Department, to evaluate
the following:
(1) The ability of Internet Protocol version 6, with its
``best effort'' quality of service, to satisfactory support the
Department's multiple applications and other information
technology systems, including the use of Internet Protocol
version 6 over bandwidth-constrained tactical circuits.
(2) The ability of the Department's networks using Internet
Protocol version 6 to respond to, and perform under, heavy
loading of the core networks.
(c) Submission of Plan and Results.--Not later than March 31, 2005,
the Secretary of Defense shall submit to the congressional defense
committees a report containing the transition plan prepared under
subsection (a) and the results of the tests conducted under subsection
(b).
SEC. 332. DEFENSE BUSINESS ENTERPRISE ARCHITECTURE, SYSTEM
ACCOUNTABILITY, AND CONDITIONS FOR OBLIGATION OF FUNDS
FOR DEFENSE BUSINESS SYSTEM MODERNIZATION.
(a) In General.--(1) Chapter 131 of title 10, United States Code,
is amended by inserting before section 2223 the following new section:
``Sec. 2222. Defense business systems: architecture, accountability,
and modernization
``(a) Conditions for Obligation of Funds for Defense Business
System Modernization.--Effective January 1, 2005, funds appropriated to
the Department of Defense may not be obligated for a defense business
system modernization that will have a total cost in excess of
$1,000,000 unless--
``(1) the approval authority designated for the defense
business system certifies to the Defense Business Systems
Management Committee established by section 186 of this title
that the defense business system modernization--
``(A) is in compliance with the enterprise
architecture developed under subsection (b), or such
compliance is waived in writing by the approval
authority as a result of the investment review process
conducted under subsection (d) for the defense business
system modernization; and
``(B) will be acquired or developed in a manner
consistent with the system acquisition regulations and
instructions of the Department of Defense; and
``(2) the Defense Business Systems Management Committee
approves the certification by the approval authority.
``(b) Enterprise Architecture for Defense Business Systems.--Not
later than September 30, 2005, the Secretary of Defense, acting through
the Defense Business Systems Management Committee, shall develop--
``(1) an enterprise architecture to cover all defense
business systems, and the functions and activities supported by
defense business systems, which shall be sufficiently defined
to effectively guide, constrain, and permit implementation of
interoperable defense business system solutions and consistent
with the policies and procedures established by the Director of
the Office of Management and Budget, and
``(2) a transition plan for implementing the enterprise
architecture for defense business systems.
``(c) Approval Authorities and Accountability for Defense Business
Systems.--The Secretary of Defense shall delegate responsibility for
the planning, design, acquisition, deployment, operation, maintenance,
modernization, and oversight of defense business systems as follows:
``(1) The Under Secretary of Defense for Acquisition,
Technology and Logistics shall be responsible and accountable
for any defense business system the primary purpose of which is
to support acquisition activities, logistics activities, or
installations and environment activities of the Department of
Defense.
``(2) The Under Secretary of Defense (Comptroller) shall be
responsible and accountable for any defense business system the
primary purpose of which is to support financial management
activities or strategic planning and budgeting activities of
the Department of Defense.
``(3) The Under Secretary of Defense for Personnel and
Readiness shall be responsible and accountable for any defense
business system the primary purpose of which is to support
human resource management activities of the Department of
Defense.
``(4) The Assistant Secretary of Defense for Networks and
Information Integration and the Chief Information Officer of
the Department of Defense shall be responsible and accountable
for any defense business system the primary purpose of which is
to support information technology infrastructure or information
assurance activities of the Department of Defense.
``(5) The Deputy Secretary of Defense or an Under Secretary
of Defense, as designated by the Secretary of Defense, shall be
responsible for any defense business system the primary purpose
of which is to support any activity of the Department of
Defense not covered by paragraphs (1) through (4).
``(d) Defense Business System Investment Review.--(1) The Secretary
of Defense shall require each approval authority designated under
subsection (c) to establish, not later than March 15, 2005, an
investment review process, consistent with section 11312 of title 40,
to review the planning, design, acquisition, development, deployment,
operation, maintenance, modernization, and project cost benefits and
risks of all defense business systems for which the approval authority
is responsible. The investment review process so established shall
specifically address the responsibilities of approval authorities under
subsection (a).
``(2) The review of defense business systems under the investment
review process shall include the following:
``(A) Review and approval by an investment review board of
each defense business system as an investment before the
obligation of funds on the system.
``(B) Periodic review, but not less than annually, of every
defense business system investment.
``(C) Representation on each investment review board by
appropriate officials from among the armed forces, combatant
commands, the Joint Chiefs of Staff, and Defense Agencies.
``(D) Use of threshold criteria to ensure an appropriate
level of review within the Department of Defense of, and
accountability for, defense business system investments
depending on scope, complexity, and cost.
``(e) Budget Information.--In the materials that the Secretary
submits to Congress in support of the budget submitted by the President
to Congress under section 1105 of title 31 for fiscal year 2006 and
fiscal years thereafter, the Secretary of Defense shall--
``(1) identify the approval authority for each defense
business system; and
``(2) for each defense business system for which funding is
proposed in the budget--
``(A) certify that the defense business system
complies with the defense business enterprise
architecture; or
``(B) explain why funds for such system are
necessary to maintain a mission critical or mission
essential system of the Department of Defense,
notwithstanding its noncompliance with the defense
business enterprise architecture.
``(f) Congressional Reports.--Not later than March 15 of each year
from 2005 through 2009, the Secretary of Defense shall submit to the
congressional defense committees a report on Department of Defense
compliance with the requirements of this section. The first report
shall define plans and commitments for meeting the requirements of
subsection (a), including specific milestones and performance measures.
Subsequent reports shall--
``(1) describe actions taken and planned for meeting the
requirements of subsection (a), including--
``(A) specific milestones and actual performance
against specified performance measures, and any
revision of such milestones and performance measures;
and
``(B) specific actions on the defense business
system modernizations submitted for certification under
such subsection;
``(2) identify the number of defense business system
modernizations so certified;
``(3) identify any defense business system modernization
with an obligation in excess of $1,000,000 during the preceding
fiscal year that was not certified under subsection (a), and
the reasons for the waiver; and
``(4) discuss specific improvements in business operations
and cost savings resulting from successful defense business
systems modernization efforts.
``(g) Definitions.--In this section:
``(1) The term `approval authority', with respect to a
defense business system, means the Department of Defense
official responsible for the defense business system, as
designated by subsection (c).
``(2) The term `defense business system' means an
information system, other than a national security system,
operated by, for, or on behalf of the Department of Defense,
including financial systems, mixed systems, financial data
feeder systems, and information technology and information
assurance infrastructure, used to support business activities,
such as acquisition, financial management, logistics, strategic
planning and budgeting, installations and environment, and
human resource management.
``(3) The term `defense business system modernization'
means--
``(A) the acquisition or development of a new
defense business system; or
``(B) any significant modification or enhancement
of an existing defense business system (other than
necessary to maintain current services).
``(4) The term `enterprise architecture' has the meaning
given that term in section 3601(4) of title 44.
``(5) The terms `information system' and `information
technology' have the meanings given those terms in section
11101 of title 40.
``(6) The term `national security system' has the meaning
given that term in section 2315 of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting before the item relating to section 2223 the
following new item:
``2222. Defense business systems: architecture, accountability, and
modernization.''.
(b) Defense Business System Management Committee.--Chapter 7 of
such title is amended by adding at the end the following new section:
``Sec. 186. Defense business system management Committee
``(a) Establishment.--The Secretary of Defense shall establish a
Defense Business Systems Management Committee, to be composed of the
following persons:
``(1) The Deputy Secretary of Defense, who shall serve as
the chairman of the Committee.
``(2) The Under Secretary of Defense for Acquisition,
Logistics, and Technology.
``(3) The Under Secretary of Defense for Personnel and
Readiness.
``(4) The Under Secretary of Defense (Comptroller).
``(5) The Assistant Secretary of Defense for Networks and
Information Integration.
``(6) The Secretaries of the military departments and the
heads of the Defense Agencies.
``(7) Such additional personnel of the Department of
Defense (including personnel assigned to the Joint Chiefs of
Staff and combatant commands) as are designated by the
Secretary of Defense.
``(b) Duties.--(1) In addition to any other matters assigned to the
Committee by the Secretary of Defense, the Committee shall--
``(A) recommend to the Secretary of Defense policies and
procedures necessary to effectively integrate the requirements
of section 2222 of this title into all business activities and
any transformation, reform, reorganization, or process
improvement initiatives undertaken within the Department of
Defense; and
``(B) review and approve any major update of the defense
business enterprise architecture developed under subsection (b)
of section 2222 of this title, including evolving the
architecture, and of defense business systems modernization
plans.
``(2) The Committee shall be responsible for coordinating defense
business system modernization initiatives to maximize benefits and
minimize costs for the Department of Defense and periodically report to
the Secretary on the status of defense business system modernization
efforts.
``(3) The Committee shall ensure that funds are obligated for
defense business system modernization in a manner consistent with
section 2222 of this title.
``(c) Definitions.--In this section, the terms `defense business
system' and `defense business system modernization' have the meanings
given such terms in section 2222 of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``186. Defense Business System Management Committee.''.
(c) Delegation of Administrative Responsibility.--The delegation of
responsibility for the planning, design, acquisition, deployment,
operation, maintenance, modernization, and oversight of defense
business systems required by subsection (c) of section 2222 of title
10, United States Code, as added by subsection (a)(1), shall be
completed not later than 60 days after the date of the enactment of
this Act.
(d) Relation to Annual Registration Requirements.--Nothing in
sections 186 and 2222 of title 10, United States Code, as added by this
section, shall be construed to alter the requirements of section 8084
of the Department of Defense Appropriations Act, 2004 (Public Law 108-
87; 117 Stat. 1091), with regard to information technology systems (as
defined in subsection (d) of such section).
(e) Repeal of Obsolete Financial Management Enterprise Architecture
Requirements.--Section 1004 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C.
113 note) is repealed.
SEC. 333. ESTABLISHMENT OF JOINT PROGRAM OFFICE TO IMPROVE
INTEROPERABILITY OF BATTLEFIELD MANAGEMENT COMMAND AND
CONTROL SYSTEMS.
(a) Office for Family of Interoperable Pictures.--The Secretary of
Defense shall designate a single joint program office in the Department
of Defense for the management of battlefield management command and
control systems of the Armed Forces, known as the ``Family of
Interoperable Pictures'', to improve the interoperability of such
systems so that members of the Armed Forces may access a common
operational picture of the battlefield. The office shall include at a
minimum the Single Integrated Air Picture, the Single Integrated Ground
Picture, the Single Integrated Maritime Picture, the Special Operations
Forces Picture, and the Single Integrated Space Picture. The Secretary
shall provide for the head of the office to be selected on a rotating
basis among related offices of the Army, Navy, Air Force, and Marine
Corps.
(b) Common Systems Architecture.--The Secretary of Defense shall
develop, implement, and maintain a common systems architecture for all
battlefield management command and control systems included in the
Family of Interoperable Pictures.
(c) Consolidated Program Elements.--All funds for development and
procurement related to the Family of Interoperable Pictures shall be
consolidated under the office designated under subsection (a).
(d) Program Development.--The head of the office designated under
subsection (a), subject to the authority, direction, and control of the
Secretary of Defense, shall--
(1) establish and control the performance specifications
for the battlefield management command and control systems
included in the Family of Interoperable Pictures;
(2) establish and control the standards for development of
the software and equipment for the Family of Interoperable
Pictures;
(3) establish and control the standards for operation of
the Family of Interoperable Pictures; and
(4) develop a single, unified concept of operations for all
users of the Family of Interoperable Pictures.
Subtitle E--Readiness Reporting Requirements
SEC. 341. ANNUAL REPORT ON DEPARTMENT OF DEFENSE OPERATION AND
FINANCIAL SUPPORT FOR MILITARY MUSEUMS.
(a) Report Required.--Chapter 23 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 489. Annual report on Department of Defense operation and
financial support for military museums
``(a) Report Required.--As part of the budget materials submitted
to Congress in connection with the submission of the budget for a
fiscal year pursuant to section 1105 of title 31, but in no case later
than March 15 of each year, the Secretary of Defense shall submit a
report identifying all museums that, during the preceding fiscal year--
``(1) were operated by the Department of Defense or a
military department; or
``(2) were otherwise supported using funds appropriated to
the Department of Defense.
``(b) Content of Report.--For each museum identified in a report
under this section, the Secretary of Defense shall include in the
report the following:
``(1) The purpose and functions of the museum and the
justification for the museum
``(2) A description of the facilities dedicated to the
museum.
``(3) An itemized listing of the funds appropriated to the
Department of Defense that were obligated to support the museum
during the fiscal year covered by the report, as well as any
other Federal funds, funds from a nonappropriated fund
instrumentality account of the Department of Defense, and non-
Federal funds obligated to support the museum.
``(4) The number of civilian employees of the Department of
Defense who serve full-time or part-time at the museum.
``(5) The number of members of the armed forces who serve
full-time or part-time at the museum.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``489. Annual report on Department of Defense operation and financial
support for military museums.''.
SEC. 342. REPORT ON DEPARTMENT OF DEFENSE PROGRAMS FOR PREPOSITIONING
OF MATERIAL AND EQUIPMENT.
(a) Secretary of Defense Assessment and Report.--(1) The Secretary
of Defense shall conduct an assessment of the programs of the
Department of Defense for the prepositioning of material and equipment.
Such assessment shall particularly focus on how those programs will be
incorporated into achievement of the goals of the Secretary of Defense
(referred to as the ``10-30-30'' goals) for the Armed Forces to have
the capability, from the onset of a contingency situation, of deploying
forces to a distant theater within 10 days, defeating an enemy within
30 days, and being ready for an additional conflict within another 30
days.
(2) The Secretary shall submit to Congress a report on such
assessment not later than October 1, 2005.
(b) Matters to Be Included.--The assessment under subsection (a)
shall include the prepositioning programs of each of the Armed Forces
and of the United States Special Operations Command as well as
assessment of each of the following:
(1) Use of prepositioned equipment as part of Operation
Iraqi Freedom and Operation Enduring Freedom and potential
solutions to identified challenges.
(2) Changes to doctrine, strategy, and transportation plans
to support the goals of the Secretary described in subsection
(a) and referred to as the 10-30-30 goals in light of the
current lift constraints facing both land and sea components of
lift as well as the emerging mobility requirements.
(3) Modifications of the prepositioning programs of the
Armed Forces in order to adapt to pending modularity concepts,
future force structure changes, and new sea basing concepts in
relation to current and potential areas of instability.
(4) Joint operations and training that include theater
opening requirements at potential aerial and sea ports of
debarkation, joint force reception capabilities, joint theater
distribution operations, and use of joint prepositioned stocks
and systems.
Subtitle F--Other Matters
SEC. 351. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.
(a) Duration of Program.--Subsection (a) of section 343 of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 10 U.S.C. 4551 note) is
amended by striking ``2004'' and inserting ``2008''.
(b) Additional Report Required.--Subsection (g) of such section is
amended--
(1) in paragraph (1), by striking ``2004'' and inserting
``2008''; and
(2) in paragraph (2), by striking ``2003'' and inserting
``2007''.
SEC. 352. LIMITATION ON PREPARATION OR IMPLEMENTATION OF MID-RANGE
FINANCIAL IMPROVEMENT PLAN.
Amounts appropriated to the Department of Defense for fiscal year
2005 for operation and maintenance may not be obligated for the purpose
of preparing or implementing the Mid-Range Financial Improvement Plan
until the Secretary of Defense submits a report to the congressional
defense committees containing, for each of the military departments and
the Defense Agencies--
(1) an explanation of the manner in which funds will be
used for such purpose during that fiscal year; and
(2) an estimate of the costs for future fiscal years to
prepare and implement the plan.
SEC. 353. PROCUREMENT OF FOLLOW-ON CONTRACTS FOR THE OPERATION OF FIVE
CHAMPION-CLASS T-5 TANK VESSELS.
The Secretary of the Navy may consider bids or proposals for the
follow-on contracts for the Department of the Navy contracts for the
operation of five Champion-class T-5 tank vessels only from an entity
that is a citizen under section 2 of the Shipping Act, 1916 (46 App.
U.S.C. 802).
SEC. 354. SENSE OF CONGRESS ON AMERICA'S NATIONAL WORLD WAR I MUSEUM.
(a) Findings.--The Congress finds as follows:
(1) The Liberty Memorial Museum in Kansas City, Missouri,
was built in 1926 in honor of those individuals who served in
World War I in defense of liberty and the Nation.
(2) The Liberty Memorial Association, a nonprofit
organization which originally built the Liberty Memorial
Museum, is responsible for the finances, operations, and
collections management of the Liberty Memorial Museum.
(3) The Liberty Memorial Museum is the only public museum
in the Nation that exists for the exclusive purpose of
interpreting the experiences of the United States and its
allies in the World War I years (1914-1918), both on the
battlefield and on the home front.
(4) The Liberty Memorial Museum project began after the
1918 Armistice through the efforts of a large-scale, grass-
roots civic and fundraising effort by the citizens and veterans
of the Kansas City metropolitan area. After the conclusion of a
national architectural design competition, ground was broken in
1921, construction began in 1923, and the Liberty Memorial
Museum was opened to the public in 1926.
(5) In 1994, the Liberty Memorial Museum closed for a
massive restoration and expansion project. The restored museum
reopened to the public on Memorial Day, 2002, during a gala
rededication ceremony.
(6) Exhibits prepared for the original museum buildings
presaged the dramatic, underground expansion of core exhibition
gallery space, with over 30,000 square feet of new interpretive
and educational exhibits currently in development. The new
exhibits, along with an expanded research library and archives,
will more fully utilize the many thousands of historical
objects, books, maps, posters, photographs, diaries, letters,
and reminiscences of World War I participants that are
preserved for posterity in the Liberty Memorial Museum's
collections. The new core exhibition is scheduled to open on
Veterans Day, 2006.
(7) The City of Kansas City, the State of Missouri, and
thousands of private donors and philanthropic foundations have
contributed millions of dollars to build and later to restore
this national treasure. The Liberty Memorial Museum continues
to receive the strong support of residents from the States of
Missouri and Kansas and across the Nation.
(8) Since the restoration and rededication of 2002, the
Liberty Memorial Museum has attracted thousands of visitors
from across the United States and many foreign countries.
(9) There remains a need to preserve in a museum setting
evidence of the honor, courage, patriotism, and sacrifice of
those Americans who offered their services and who gave their
lives in defense of liberty during World War I, evidence of the
roles of women and African Americans during World War I, and
evidence of other relevant subjects.
(10) The Liberty Memorial Museum seeks to educate a diverse
group of audiences through its comprehensive collection of
historical materials, emphasizing eyewitness accounts of the
participants on the battlefield and the home front and the
impact of World War I on individuals, then and now. The Liberty
Memorial Museum continues to actively acquire and preserve such
materials.
(11) A great opportunity exists to use the invaluable
resources of the Liberty Memorial Museum to teach the ``Lessons
of Liberty'' to the Nation's schoolchildren through on-site
visits, classroom curriculum development, distance learning,
and other educational initiatives.
(12) The Liberty Memorial Museum should always be the
Nation's museum of the national experience in the World War I
years (1914-1918), where people go to learn about this critical
period and where the Nation's history of this monumental
struggle will be preserved so that generations of the 21st
century may understand the role played by the United States in
the preservation and advancement of democracy, freedom, and
liberty in the early 20th century.
(13) This initiative to recognize and preserve the history
of the Nation's sacrifices in World War I will take on added
significance as the Nation approaches the centennial observance
of this event.
(14) It is fitting and proper to refer to the Liberty
Memorial Museum as ``America's National World War I Museum''.
(b) Sense of Congress.--The Congress--
(1) recognizes the Liberty Memorial Museum in Kansas City,
Missouri, including the museum's future and expanded exhibits,
collections, library, archives, and educational programs, as
``America's National World War I Museum'';
(2) recognizes that the continuing collection,
preservation, and interpretation of the historical objects and
other historical materials held by the Liberty Memorial Museum
enhance the knowledge and understanding of the Nation's people
of the American and allied experience during the World War I
years (1914-1918), both on the battlefield and on the home
front;
(3) commends the ongoing development and visibility of
``Lessons of Liberty'' educational outreach programs for
teachers and students throughout the Nation; and
(4) encourages the need for present generations to
understand the magnitude of World War I, how it shaped the
Nation, other countries, and later world events, and how the
sacrifices made then helped preserve liberty, democracy, and
other founding principles for generations to come.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2005, as follows:
(1) The Army, 482,400.
(2) The Navy, 365,900.
(3) The Marine Corps, 175,000.
(4) The Air Force, 359,700.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
Effective October 1, 2004, section 691(b) of title 10, United
States Code, is amended as follows:
(1) Navy.--Paragraph (2) is amended by striking ``373,800''
and inserting ``365,900''.
(2) Air force.--Paragraph (4) is amended by striking
``359,300'' and inserting ``359,700''.
SEC. 403. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2005, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time
on full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 10,300.
(2) The Army Reserve, 5,000.
(3) The Naval Reserve, 6,200.
(4) The Marine Corps Reserve, 2,500.
(5) The Air National Guard of the United States, 10,100.
(6) The Air Force Reserve, 3,600.
SEC. 404. ACCOUNTING AND MANAGEMENT OF RESERVE COMPONENT PERSONNEL
PERFORMING ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY
FOR OPERATIONAL SUPPORT.
(a) Strength Authorizations.--Section 115 of title 10, United
States Code, is amended--
(1) in subsection (a)(1)(A), by inserting ``unless on
active duty pursuant to subsection (b)'' after ``active-duty
personnel'';
(2) in subsection (a)(1)(B), by inserting ``unless on
active duty or full-time National Guard duty pursuant to
subsection (b)'' after ``reserve personnel'';
(3) by redesignating subsections (b), (c), (d), (e), (f),
(g) and (h) as subsections (c), (d), (e), (f), (g), (h) and
(i), respectively; and
(4) by inserting after subsection (a) the following new
subsection (b):
``(b) Certain Reserves on Active Duty To Be Authorized by Law.--(1)
Congress shall annually authorize the maximum number of members of a
reserve component permitted to be on active duty or full-time National
Guard duty at any given time who are called or ordered to--
``(A) active duty under section 12301(d) of this title for
the purpose of providing operational support, as prescribed in
regulation issued by the Secretary of Defense;
``(B) full-time National Guard duty under section 502(f)(2)
of title 32 for the purpose of providing operational support
when authorized by the Secretary of Defense;
``(C) active duty under section 12301(d) of this title or
full-time National Guard duty under section 502(f) of title 32
for the purpose of preparing for and performing funeral honors
functions for funerals of veterans under section 1491 of this
title;
``(D) active duty or retained on active duty under sections
12301(g) of this title while in a captive status; or
``(E) active duty or retained on active duty under 12301(h)
or 12322 of this title for the purpose of medical evaluation or
treatment.
``(2) A member of a reserve component who exceeds either of the
following limits shall be included in the strength authorized under
subparagraph (A) or subparagraph (B), as appropriate, of subsection
(a)(1):
``(A) A call or order to active duty or full-time National
Guard duty that specifies a period greater than three years.
``(B) The cumulative periods of active duty and full-time
National Guard duty performed by the member exceed 1095 days in
the previous 1460 days.
``(3) In determining the period of active service under paragraph
(2), the following periods of active service performed by a member
shall not be included:
``(A) All periods of active duty performed by a member who
has not previously served in the Selected Reserve of the Ready
Reserve.
``(B) All periods of active duty or full-time National
Guard duty for which the member is exempt from strength
accounting under paragraphs (1) through (7) of subsection
(i).''.
(b) Limitation on Appropriations.--Subsection (c) of such section
(as redesignated by subsection (a)(3)) is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) the use of reserve component personnel to perform
active duty or full-time National Guard duty under subsection
(b) unless the strength for such personnel for that reserve
component for that fiscal year has been authorized by law.''.
(c) Authority for Secretary of Defense Variances in Maximum
Strengths.--Subsection (f) of such section (as redesignated by
subsection (a)(2)) is amended--
(1) by striking ``End'' in the heading;
(2) by striking ``and'' at the end of paragraph (2);
(3) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(4) increase the maximum strength authorized pursuant to
subsection (b)(1) for a fiscal year for certain reserves on active duty
for any of the reserve components by a number equal to not more than 10
percent of that strength.''.
(d) Conforming Amendments to Section 115.-- Such section is further
amended as follows:
(1) Subsection (e) (as redesignated by subsection (a)(3))
is amended--
(A) in paragraph (1), by striking ``subsection (a)
or (c)'' and inserting ``subsection (a) or (d)''; and
(B) in paragraph (2)--
(i) by striking ``subsections (a) and
(c)''; and inserting ``subsections (a) and
(d)'';
(ii) by striking ``pursuant to subsection
(e)) and subsection (c)'' and inserting
``pursuant to subsection (f)) and subsection
(d)'' each place it appears.
(2) Subsection (g) (as redesignated by subsection (a)(3))
is amended by striking ``subsection (e)(1)'' in paragraph (2)
and inserting ``subsection (f)(1)''.
(3) Subsection (i) (as redesignated by subsection (a)(3))
is amended to read as follows:
``(i) Certain Personnel Excluded From Counting for Active-Duty End
Strengths.--In counting personnel for the purpose of the end strengths
authorized pursuant to subsection (a)(1), persons in the following
categories shall be excluded:
``(1) Members of a reserve component ordered to active duty
under section 12301(a) of this title.
``(2) Members of a reserve component in an active status
ordered to active duty under section 12301(b) of this title.
``(3) Members of the Ready Reserve ordered to active duty
under section 12302 of this title.
``(4) Members of the Selected Reserve of the Ready Reserve
or members of the Individual Ready Reserve mobilization
category described in section 10144(b) of this title ordered to
active duty under section 12304 of this title.
``(5) Members of the National Guard called into Federal
service under section 12406 of this title.
``(6) Members of the militia called into Federal service
under chapter 15 of this title.
``(7) Members of reserve components on active duty for
training.
``(8) Members of the Selected Reserve of the Ready Reserve
on active duty to support programs described in section 1203(b)
of the Cooperative Threat Reduction Act of 1993 (22 U.S.C.
5952(b)).
``(9) Members of the National Guard on active duty or full-
time National Guard duty for the purpose of carrying out drug
interdiction and counter-drug activities under section 112 of
title 32.
``(10) Members of a reserve component on active duty under
section 10(b)(2) of the Military Selective Service Act (50
U.S.C. App. 460(b)(2)) for the administration of the Selective
Service System.
``(11) Members of the National Guard on full-time National
Guard duty for the purpose of providing command,
administrative, training, or support services for the National
Guard Challenge Program authorized by section 509 of title
32.''.
(e) Military to Military Contact Strength Accounting.--Subsection
(f) of section 168 of such title is amended to read as follows:
``(f) Active Duty End Strengths.--A member of a reserve component
who is engaged in activities authorized under this section shall not be
counted for purposes of the following personnel strength limitations:
``(1) The end strength for active-duty personnel authorized
pursuant to section 115(a)(1) of this title for the fiscal year
in which the member carries out the activities referred to
under this section.
``(2) The authorized daily average for members in pay
grades E-8 and E-9 under section 517 of this title for the
calendar year in which the member carries out such activities.
(3) The authorized strengths for commissioned officers
under section 523 of this title for the fiscal year in which
the member carries out such activities.
(f) E-8 and E-9 Strength Accounting.--Subsection (a) of section 517
of such title is amended by striking ``(other than for training) in
connection with organizing, administering, recruiting, instructing, or
training the reserve component of an armed force.'' and inserting ``as
authorized under section 115(a)(1)(B) or 115(b) of this title, or
excluded from counting for active duty end strengths under section
115(i) of this title.''.
(g) Field Grade Officer Strength Accounting.--(1) Paragraph (1) of
section 523(b) of such title is amended to read as follows:
``(A) on active duty as authorized under section
115(a)(1)(B) or 115(b)(1) of this title, or excluded
from counting for active duty end strengths under
section 115(i) of this title;
``(B) on active duty under section 10211, 10302
through 10305, or 12402 of this title or under section
708 of title 32; or
``(C) on full-time National Guard duty.''; and
(2) Paragraph (7) of section 523(b) is amended by striking
``Reserve or retired officers'' and inserting ``Retired officers''.
(h) Active Guard and Reserve Field Grade Officer Strength
Accounting.--Paragraph (2) of section 12011(e) of such title is amended
to read as follows:
``(2) Full-time National Guard duty (other than for
training) under section 502(f) of title 32, except for duty
under section 115(b)(1)(B) and (C) of this title and section
115(i)(9) of this title.''.
(i) Warrant Officer Active-Duty List Exclusion.--Paragraph (1) of
section 582 of such title is amended to read as follows:
``(1) Reserve warrant officers--
``(A) on active duty as authorized under section
115(a)(1)(B) or 115(b)(1) of this title, or excluded
from counting for active duty end strengths under
section 115(i) of this title; or
``(B) on full-time National Guard duty.''.
(j) Officer Active-Duty List, Applicability of Chapter.--Paragraph
(1) of section 641 of such is amended to read as follows:
``(1) Reserve officers--
``(A) on active duty authorized under section
115(a)(1)(B) or 115(b)(1) of this title, or excluded
from counting for active duty end strengths under
section 115(i) of this title;
``(B) on active duty under section 3038, 5143,
5144, 8038, 10211, 10301 through 10305, 10502, 10505,
10506(a), 10506(b), 10507, or 12402 of this title or
section 708 of title 32; or
``(C) on full-time National Guard duty.''.
(k) Strength Accounting for Members Performing Drug Interdiction
and Counter-Drug Activities.--Section 112 of title 32, United States
Code, is amended--
(1) by striking subsection (e);
(2) by redesignating subsections (f), (g), (h) and (i) as
subsections (e), (f), (g) and (h) respectively; and
(3) in paragraph (1) of subsection (e), as redesignated by
paragraph (2), by striking ``for a period of more than 180
days'' each place it appears.
(l) Report.--Not later than June 1, 2005, the Secretary of Defense
shall report to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives the
Secretary's recommendations regarding the exemptions provided in
paragraphs (8) through (11) by section 115(i) of title 10, United
States Code, as amended by this section. The recommendations shall
address the manner in personnel covered by those exemptions shall be
accounted for in authorizations provided by section 115 of such title.
The objective of the analysis should be to terminate the need for such
exemptions after September 30, 2006.
(m) Regulations.--The Secretary of Defense shall prescribe by
regulation the meaning of the term ``operational support'' for purposes
of paragraph (1) of subsection (b) of section 115 of title 10, United
States Code, as added by subsection (a).
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2005, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 83,400.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,800.
(6) The Air Force Reserve, 76,100.
(7) The Coast Guard Reserve, 10,000.
(b) Adjustments.--The end strengths prescribed by subsection (a)
for the Selected Reserve of any reserve component shall be
proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
increased proportionately by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2005, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 26,476.
(2) The Army Reserve, 14,970.
(3) The Naval Reserve, 14,152.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 12,225.
(6) The Air Force Reserve, 1,900.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2005 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army Reserve, 7,299.
(2) For the Army National Guard of the United States,
25,076.
(3) For the Air Force Reserve, 9,954.
(4) For the Air National Guard of the United States,
22,956.
SEC. 414. FISCAL YEAR 2005 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
(a) Limitations.--(1) Within the limitation provided in section
10217(c)(2) of title 10, United States Code, the number of non-dual
status technicians employed by the National Guard as of September 30,
2005, may not exceed the following:
(A) For the Army National Guard of the United States,
1,600.
(B) For the Air National Guard of the United States, 350.
(2) The number of non-dual status technicians employed by the Army
Reserve as of September 30, 2005, may not exceed 795.
(3) The number of non-dual status technicians employed by the Air
Force Reserve as of September 30, 2005, may not exceed 90.
(b) Non-Dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given that term in
section 10217(a) of title 10, United States Code.
Subtitle C--Authorizations of Appropriations
SEC. 421. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 2005 a total of
$104,647,558,000. The authorization in the preceding sentence
supersedes any other authorization of appropriations (definite or
indefinite) for such purpose for fiscal year 2005.
SEC. 422. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2005
from the Armed Forces Retirement Home Trust Fund the sum of $61,195,000
for the operation of the Armed Forces Retirement Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--General and Flag Officer Matters
SEC. 501. LENGTH OF SERVICE FOR SERVICE CHIEFS.
(a) Chief of Staff of the Army.--Paragraph (1) of section 3033(a)
of title 10, United States Code, is amended--
(1) by striking ``for a period of four years'' in the first
sentence; and
(2) by striking the second and third sentences and
inserting the following: ``The Chief of Staff serves at the
pleasure of the President for a term of four years. The
President may extend the service of an officer as Chief of
Staff for an additional period of not to exceed two years. In
time of war or during a national emergency declared by
Congress, the President may extend the service of an officer as
Chief of Staff for such additional periods as the President
determines necessary, except that the total period of an
officer's service as Chief of Staff may not exceed eight
years.''.
(b) Chief of Naval Operations.--Paragraph (1) of section 5033(a) of
such title is amended by striking the third and fourth sentences and
inserting the following: ``The Chief of Naval Operations serves at the
pleasure of the President. The President may extend the service of an
officer as Chief of Naval Operations for an additional period of not to
exceed two years. In time of war or during a national emergency
declared by Congress, the President may extend the service of an
officer as Chief of Naval Operations for such additional periods as the
President determines necessary, except that the total period of an
officer's service as Chief of Naval Operations may not exceed eight
years.''.
(c) Commandant of the Marine Corps.--Paragraph (1) of section
5043(a) of such title is amended by striking the third and fourth
sentences and inserting the following: ``The Commandant serves at the
pleasure of the President. The President may extend the service of an
officer as Commandant for an additional period of not to exceed two
years. In time of war or during a national emergency declared by
Congress, the President may extend the service of an officer as
Commandant for such additional periods as the President determines
necessary, except that the total period of an officer's service as
Commandant may not exceed eight years.''.
(d) Chief of Staff of the Air Force.--Paragraph (1) of section
8033(a) of such title is amended to read as follows:
(1) by striking ``for a period of four years'' in the first
sentence; and
(2) by striking the second and third sentences and
inserting the following: ``The Chief of Staff serves at the
pleasure of the President for a period of four years. The
President may extend the service of an officer as Chief of
Staff for an additional period of not to exceed two years. In
time of war or during a national emergency declared by
Congress, the President may extend the service of an officer as
Chief of Staff for such additional periods as the President
determines necessary, except that the total period of an
officer's service as Chief of Staff may not exceed eight
years.''.
SEC. 502. REPEAL OF REQUIREMENT THAT DEPUTY CHIEFS AND ASSISTANT CHIEFS
OF NAVAL OPERATIONS BE SELECTED FROM OFFICERS IN THE LINE
OF THE NAVY.
(a) Deputy Chiefs of Naval Operations.--Section 5036(a) of title
10, United States Code, is amended by striking ``in the line''.
(b) Assistant Chiefs of Naval Operations.--Section 5037(a) of such
title is amended by striking ``in the line''.
SEC. 503. INCREASE IN AGE LIMIT FOR DEFERRAL OF MANDATORY RETIREMENT
FOR UP TO 10 SENIOR GENERAL AND FLAG OFFICERS.
Section 1251(b) of title 10, United States Code, is amended by
striking ``64 years of age'' and inserting ``66 years of age''.
SEC. 504. INCREASED FLEXIBILITY FOR VOLUNTARY RETIREMENT FOR MILITARY
OFFICERS.
(a) In General.--Section 1370 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``except as provided in
paragraph (2)'' and inserting ``subject to
paragraphs (2) and (3)''; and
(ii) by striking ``, for not less than six
months'';
(B) by redesignating paragraph (3) as paragraph
(4); and
(C) by striking paragraph (2) and inserting the
following:
``(2) In order to be eligible for voluntary retirement under this
title in a grade below the grade of lieutenant colonel or commander, a
commissioned officer of the Army, Navy, Air Force, or Marine Corps
covered by paragraph (1) must have served on active duty in that grade
for not less than six months.
``(3)(A) In order to be eligible for voluntary retirement in a
grade above major or lieutenant commander and below brigadier general
or rear admiral (lower half), a commissioned officer of the Army, Navy,
Air Force, or Marine Corps covered by paragraph (1) must have served on
active duty in that grade for not less than three years, except that
the Secretary of Defense may authorize the Secretary of the military
department concerned to reduce such period to a period not less than
two years.
``(B) In order to be eligible for voluntary retirement in a grade
above colonel or captain, in the case of the Navy, a commissioned
officer of the Army, Navy, Air Force, or Marine Corps covered by
paragraph (1) must have served on active duty in that grade for not
less than one year.
``(C) An officer in a grade above major general or rear admiral may
be retired in the highest grade in which the officer served on active
duty satisfactorily for not less than one year, upon approval by the
Secretary of the military department concerned and concurrence by the
Secretary of Defense. The function of the Secretary of Defense under
the preceding sentence may only be delegated to a civilian official in
the Office of the Secretary of Defense appointed by the President, by
and with the advice and consent of the Senate.
``(D) The President may waive subparagraph (A), (B) or (C) in
individual cases involving extreme hardship or exceptional or unusual
circumstances. The authority of the President under the preceding
sentence may not be delegated.'';
(2) in subsection (b), by inserting ``or whose service on
active duty in that grade was not determined to be satisfactory
by the Secretary of the military department concerned'' after
``specified in subsection (a)'';
(3) by striking subsection (c); and
(4) by redesignating subsection (d) as subsection (c) and
in that subsection--
(A) in paragraph (3)--
(i) in subparagraph (A)--
(I) by inserting ``(i)'' after
``(3)(A)'';
(II) by inserting ``and below
brigadier general or rear admiral
(lower half)'' after ``lieutenant
commander'';
(III) by inserting ``, except that
the Secretary of Defense may authorize
the Secretary of the military
department concerned to reduce such
period to a period not less than two
years'' after ``three years''; and
(IV) by adding at the end the
following new clauses:
``(ii) In order to be credited with satisfactory service in a grade
above colonel or captain, in the case of the Navy, a person covered by
paragraph (1) must have served satisfactorily in that grade (as
determined by the Secretary of the military department concerned) as a
reserve commissioned officer in active status, or in a retired status
on active duty, for not less than one year.
``(iii) An officer covered by paragraph (1) who is in a grade above
the grade of major general or rear admiral may be retired in the
highest grade in which the officer served satisfactorily for not less
than one year, upon approval by the Secretary of the military
department concerned and concurrence by the Secretary of Defense. The
function of the Secretary of Defense under the preceding sentence may
only be delegated to a civilian official in the Office of the Secretary
of Defense appointed by the president, by and with the advice and
consent of the Senate.'';
(ii) in subparagraphs (D) and (E), by
striking subparagraph (A)'' and inserting
``subparagraph (A)(i)''; and
(iii) by striking subparagraph (F); and
(B) by striking paragraphs (5) and (6); and
(5) by striking subsection (e).
(b) Conforming Amendments.--Section 1406(i)(2) of such title is
amended--
(1) in the paragraph heading, by striking ``members'' and
all that follows through ``satisfactorily'' and inserting
``enlisted members reduced in grade'';
(2) by striking ``a member'' and inserting ``an enlisted
member'';
(3) by striking ``1998--'' and all that follows through
``is reduced in'' and inserting ``1998, is reduced in'';
(4) by striking ``; or'' and inserting a period; and
(5) by striking subparagraph (B).
(c) Effective Date.--The amendments made by this section shall
apply with respect to the determination of the retired grade of members
of the Armed Forces retiring on or after the date of the enactment of
this Act.
SEC. 505. REPEAL OF REQUIREMENT THAT NO MORE THAN 50 PERCENT OF ACTIVE
DUTY GENERAL AND FLAG OFFICERS BE IN GRADES ABOVE
BRIGADIER GENERAL AND REAR ADMIRAL (LOWER HALF).
(a) Repeal of Distribution Requirement.--Subsection (a) of section
525 of title 10, United States Code, is repealed.
(b) Reorganization of Section.--Such section is further amended--
(1) by striking ``(b)(1) No appointment'' and inserting
``(a) Limitation on Number of General and Flag Officers in
Senior Grades.--(1) No appointment''; and
(2) by striking ``(3) An officer'' and inserting ``(b)
Special Rules and Exceptions.--(1) An officer''; and
(3) by redesignating paragraphs (4), (5), (6), (7), and (8)
as paragraphs (2), (3), (4), (5), and (6), respectively.
(c) Conforming Amendments.--(1) Subsection (b) of such section (as
designated by subsection (a)(2)) is amended as follows:
(A) Paragraph (1) (as redesignated by subsection (a)(2)),
paragraph (2)(A) (as redesignated by subsection (a)(3)), and
paragraph (6) (as redesignated by subsection (a)(3)) are
amended by striking ``paragraph (1) or (2)'' and inserting
``subsection (a)''.
(B) Paragraph (3)(A) (as so redesignated) is amended by
striking ``under the first sentence of paragraph (1) or (2), as
applicable'' and inserting ``under subsection (a)''.
(C) Paragraph (4) (as so redesignated) and the first and
third sentences of paragraph (5) (as so redesignated) are
amended by striking ``paragraph (1)'' and inserting
``subsection (a)(1)''.
(D) The second sentence of paragraph (5) (as so
redesignated) is amended by striking ``paragraph (1) or (2)''
and inserting ``subsection (a)(2)''.
(2) Subsection (c) of such section is amended--
(A) by striking ``(c)(1)'' and inserting `(c) `Reallocation
Authority.--(1)'';
(B) in paragraph (1)(A), by striking ``subsection (b)(1)''
and inserting ``subsection (a)(1)'';
(C) in paragraph (1)(B), by striking ``subsection (b)(2)''
and inserting ``subsection (a)(2)''; and
(D) in paragraph (3)(A), by striking ``subsection (b)'' and
inserting ``subsections (a) and (b)''.
(3) Subsection (d) of such section is amended by inserting
``Special Rule for Officers Formerly on Joint Chiefs of
Staff.--'' after ``(d)''.
(d) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 525. Distribution in grade: general and flag officers on active
duty''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 32 of such title is amended to read as
follows:
``525. Distribution in grade: general and flag officers on active
duty.''.
SEC. 506. REVISION TO TERMS FOR ASSISTANTS TO THE CHAIRMAN OF THE JOINT
CHIEFS OF STAFF FOR NATIONAL GUARD AND RESERVE MATTERS.
(a) Codification and Revision.--Chapter 5 of title 10, United
States Code, is amended by adding at the end a new section 156
consisting of--
(1) the following section heading:
``Sec. 156. Assistants to the Chairman for National Guard matters and
for Reserve matters'';
and
(2) a text consisting of the text of subsections (a)
through (f)(1) of section 901 of the National Defense
Authorization Act for Fiscal Year 1998 (10 U.S.C. 155 note),
revised--
(A) in subsection (c), by deleting ``two years''
and inserting ``four years''; and
(B) in subsection (f), by deleting ``(1)''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``156. Assistants to the Chairman for National Guard members and for
Reserve matters.''.
(c) Conforming Repeal.--Section 901 of the National Defense
Authorization Act for Fiscal Year 1998 (10 U.S.C. 155 note) is
repealed.
SEC. 507. SUCCESSION FOR POSITION OF CHIEF, NATIONAL GUARD BUREAU.
(a) Designation of Senior Officer in National Guard Bureau.--
Section 10502 of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(e) Succession.--(1) Unless otherwise directed by the President
or Secretary of Defense, when there is a vacancy in the office of the
Chief of the National Guard Bureau or in the event the Chief of the
National Guard Bureau is unable to perform the duties of that office,
the senior of the officers specified in paragraph (2) shall serve as
the acting Chief until a successor is appointed or the Chief once again
is able to perform the duties of that office.
``(2) The officers specified in this paragraph are the following:
``(A) The senior officer of the Army National Guard of the
United States on duty with the National Guard Bureau.
``(B) The senior officer of the Air National Guard of the
United States on duty with the National Guard Bureau.''.
(b) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 10502. Chief of the National Guard Bureau: appointment; adviser
on National Guard matters; grade; succession''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 1011 of such title is amended to read as
follows:
``10502. Chief of the National Guard Bureau: appointment; adviser on
National Guard matters; grade;
succession.''.
(c) Repealer.--Subsections (d) and (e) of section 10505 of such
title are repealed.
SEC. 508. TITLE OF VICE CHIEF OF THE NATIONAL GUARD BUREAU CHANGED TO
DIRECTOR OF THE JOINT STAFF OF THE NATIONAL GUARD BUREAU.
(a) In General.--Section 10505 of title 10, United States Code, as
amended by section 507(c), is amended by striking ``Vice Chief of the
National Guard Bureau'' each place it appears in subsections (a), (b),
and (c) and inserting ``Director of the Joint Staff of the National
Guard Bureau''.
(b) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 10505. Director of the Joint Staff of the National Guard
Bureau''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 1011 of such title is amended to read as
follows:
``10505. Director of the Joint Staff of the National Guard Bureau.''.
SEC. 509. TWO-YEAR EXTENSION OF AUTHORITY TO WAIVE REQUIREMENT THAT
RESERVE CHIEFS AND NATIONAL GUARD DIRECTORS HAVE
SIGNIFICANT JOINT DUTY EXPERIENCE.
(a) Extension.--Sections 3038(b)(4), 5143(b)(4), 5144(b)(4),
8038(b)(4), and 10506(a)(3)(D) of title 10, United States Code, are
amended by striking ``December 31, 2004,'' and inserting ``December 31,
2006,''.
(b) Future Compliance.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the House of Representatives and the
Committee on Armed Services of the Senate a plan for ensuring that all
officers selected after December 31, 2006, for recommendation for
appointment as a Reserve chief or National Guard director have
significant joint duty experience, as required by law, and may be so
recommended without requirement for a wavier of such requirement. Such
plan shall be developed in coordination with the Chairman of the Joint
Chiefs of Staff.
SEC. 510. REPEAL OF DISTRIBUTION REQUIREMENTS FOR NAVAL RESERVE FLAG
OFFICERS.
Subsection (c) of 12004 of title 10, United States Code, is
amended--
(1) by striking ``(1)'' after ``(c)''; and
(2) by striking the second sentence and all that follows
through the end of the subsection.
Subtitle B--Other Officer Personnel Policy Matters
SEC. 511. TRANSITION OF ACTIVE-DUTY LIST OFFICER FORCE TO ALL REGULAR
STATUS.
(a) Repeal of Requirement That Active-Duty Officers Serve in a
Reserve Component for at Least One Year Before Receiving a Regular
Commission.--Section 532 of title 10, United States Code, is amended by
striking subsection (e).
(b) Revision to Qualifications for Original Appointment as a
Commissioned Officer.--(1) Section 532 of such title is further amended
by adding at the end the following new subsection:
``(f) The Secretary of Defense may waive the requirement of
paragraph (1) of subsection (a) with respect to a person who has been
lawfully admitted to the United States for permanent residence when the
Secretary determines that the national security so requires, but only
for an original appointment in a grade below the grade of major or
lieutenant commander.''.
(2) Section 619(d) of such title is amended by adding at the end
the following new paragraph:
``(5) An officer of the Army, Air Force, or Marine Corps in
the grade of captain, or of the Navy in the grade of
lieutenant, who is not a citizen of the United States.''.
(c) Repeal of Limitations on Total Strength of Regular Commissioned
Officers on Active-Duty.--Section 522 of such title is repealed. The
table of sections at the beginning of chapter 31 of such title is
amended by striking the item relating to that section.
(d) Authority for Original Appointment of Regular Officers in
Junior Grades to be Made by President Alone.--Section 531(a) of such
title is amended to read as follows:
``(a)(1) Original appointments in the grades of second lieutenant,
first lieutenant, and captain in the Regular Army, Regular Air Force,
and Regular Marine Corps and in the grades of ensign, lieutenant
(junior grade), and lieutenant in the Regular Navy shall be made by the
President alone.
``(2) Original appointments in the grades of major, lieutenant
colonel, and colonel in the Regular Army, Regular Air Force, and
Regular Marine Corps and in the grades of lieutenant commander,
commander, and captain in the Regular Navy shall be made by the
President, by and with the advice and consent of the Senate.''.
(e) Termination of Requirement of 6 Years Service in a Reserve
Component for Nonregular Service Retirement Eligibility.--(1) Section
12731(a)(3) of such title is amended by inserting after ``(3)'' the
following: ``in the case of a person who completed the service
requirements of paragraph (2) before the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2005,''.
(f) All Regular Officer Appointments for Students Attending
University of Health Sciences.--Section 2114(b) of such title is
amended by striking the first two sentences and inserting the
following: ``They shall be appointed in a regular component of the
uniformed services and shall serve on active duty as a second
lieutenant or ensign (or the equivalent).''.
SEC. 512. MANDATORY RETENTION ON ACTIVE DUTY TO QUALIFY FOR RETIREMENT
PAY.
Section 12686(a) of title 10, United States Code, is amended by
inserting ``(other than the retirement system under chapter 1223 of
this title)'' after ``retirement system''.
SEC. 513. DISTRIBUTION IN GRADE OF MARINE CORPS RESERVE OFFICERS IN AN
ACTIVE STATUS IN GRADES BELOW BRIGADIER GENERAL
The table in section 12005(c)(1) of title 10, United States Code,
is amended to read as follows:
``Colonel............................................ 2 percent
Lieutenant colonel................................... 8 percent
Major................................................ 16 percent
Captain.............................................. 39 percent
First lieutenant and second lieutenant (when combined 35 percent.''.
with the number authorized for general officer grades
under section 12004 of this title).
SEC. 514. TUITION ASSISTANCE FOR OFFICERS.
(a) Authority To Reduce or Waive Active Duty Service Obligation.--
Subsection (b) of section 2007 of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by inserting ``or full-time National Guard duty'' after
``active duty'' each place it appears; and
(2) by adding at the end the following new paragraph:
``(2) Notwithstanding paragraph (1), the Secretary of the military
department may reduce or waive the active duty service obligation--
``(A) in the case of a commissioned officer who is subject
to mandatory separation;
``(B) in the case of a commissioned officer who has
completed the period of active duty service in support of a
contingency operation; or
``(C) in other exigent circumstances as determined by the
Secretary.'.
(b). Increase in Tuition Assistance Authorized for Army Officers in
the Selected Reserve.--Paragraph (1) of section 2007(c) of title 10,
United States Code, is amended to read as follows:
``(1) Subject to paragraphs (2) and (3), the Secretary of the Army
may pay the charges of an educational institution for the tuition or
expenses of an officer in the Selected Reserve of the Army National
Guard or the Army Reserve for education or training of such officer.''.
(c) Effective Date.--The amendment made by subsection (a) may, at
the discretion of the Secretary concerned, be applied to a service
obligation incurred by an officer serving on active duty as of the date
of the enactment of this Act.
Subtitle C--Reserve Component Matters
SEC. 521. REVISION TO STATUTORY PURPOSE OF THE RESERVE COMPONENTS.
Subsection 10102 of title 10, United States Code, is amended by
striking ``, during'' and all that follows through ``planned
mobilization,''.
SEC. 522. IMPROVED ACCESS TO RESERVE COMPONENT MEMBERS FOR ENHANCED
TRAINING.
(a) Reserve Components Generally.-- Section 12301 of title 10,
United States Code, is amended--
(1) in subsection (a), by striking ``(other than for
training)'';
(2) in subsection (c)--
(A) in the first sentence, by striking ``(other
than for training)'' and inserting ``as provided in
subsection (a)''; and
(B) in the second sentence, by striking ``ordered
to active duty (other than for training)'' and
inserting ``so ordered to active duty''; and
(3) in subsection (e), by striking ``(other than for
training)'' and inserting ``as provided in subsection (a)''.
(b) Ready Reserve.--Section 12302 of such title is amended by
striking ``(other than for training)'' in subsections (a) and (c).
(c) Order to Active Duty Other Than During War or National
Emergency.--Section 12304(a) of such title is amended by striking
``(other than for training)''.
(d) Standby Reserve.--Section 12306 of such title is amended--
(1) in subsection (a), by striking ``(other than for
training) only''; and
(2) in subsection (b), by striking ``(other than for
training)'' in paragraphs (1) and (2) and inserting ``as
provided in section 12301(a) of this title''.
(d) Standby Reserve.--Section 12306 of such title is amended by
striking ``(other than for training)'' each place it appears and
inserting ``as provided in section 12301(a)''.
SEC. 523. STATUS UNDER DISABILITY RETIREMENT SYSTEM FOR RESERVE MEMBERS
RELEASED FROM ACTIVE DUTY DUE TO INABILITY TO PERFORM
WITHIN 30 DAYS OF CALL TO ACTIVE DUTY.
(a) In General.--Chapter 61 of title 10, United States Code, is
amended by inserting after section 1206 the following new section:
``Sec. 1206a. Reserve component members unable to perform duties when
ordered to active duty: disability system processing
``(a) Members Released From Active Duty Within 30 Days.--A member
of a reserve component who is ordered to active duty for a period of
more than 30 days and is released from active duty within 30 days of
commencing such period of active duty for a reason stated in subsection
(b) shall be considered for all purposes under this chapter to have
been serving under an order to active duty for a period of 30 days or
less.
``(b) Applicable Reasons for Release.--Subsection (a) applies in
the case of a member released from active duty because of a failure to
meet--
``(1) physical standards for retention; or
``(2) medical or dental standards for deployment due to a
preexisting condition not aggravated during the period of
active duty.
``(c) Savings Provision for Medical Care Provided While on Active
Duty.--Notwithstanding subsection (a), any benefit under chapter 55 of
this title received by a member described in subsection (a) or a
dependent of such member before or during the period of active duty
shall not be subject to recoupment or otherwise affected.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1206 the following new item:
``1206a. Reserve component members unable to perform duties when
ordered to active duty: disability system
processing.''.
SEC. 524. FEDERAL CIVIL SERVICE MILITARY LEAVE FOR RESERVE AND NATIONAL
GUARD CIVILIAN TECHNICIANS.
Section 6323(d)(1) of title 5, United States Code is amended by
striking ``(other than active duty during a war or national emergency
declared by the President or Congress)''.
SEC. 525. EXPANDED EDUCATIONAL ASSISTANCE AUTHORITY FOR OFFICERS
COMMISSIONED THROUGH ROTC PROGRAM AT MILITARY JUNIOR
COLLEGES.
(a) Financial Assistance Program for Service on Active Duty.--
Section 2107(c) of title 10, United States Code, is amended by adding
at the end the following new paragraphs:
``(5)(A) The Secretary of the Army may provide an individual who
received a commission as a Reserve officer in the Army from a military
junior college through a program under this chapter and who does not
have a baccalaureate degree with financial assistance for pursuit of a
baccalaureate degree.
``(B) Such assistance is in addition to any financial assistance
provided under paragraph (1), (3), or (4).
``(C) The agreement and reimbursement requirements established in
section 2005 of this title are applicable to financial assistance under
this paragraph.
``(D) An officer receiving financial assistance under this
paragraph shall be attached to the unit of the Army at the educational
institution at which the officer is pursuing a baccalaureate degree and
shall be considered to be a member of the Senior Reserve Officers'
Training Corps on inactive duty for training, as defined in section
101(23) of title 38.
``(E) A qualified officer who did not previously receive financial
assistance under this section is eligible to receive educational
assistance under this paragraph.
``(F) A Reserve officer may not be called or ordered to active duty
for a deployment while participating in the program under this
paragraph.
``(G) Any service obligation incurred by an officer under an
agreement entered into under this paragraph shall be in addition to any
service obligation incurred by that officer under any other provision
of law or agreement.
``(H) The amount obligated during any fiscal year under this
paragraph and paragraph (4) of section 2107a(c) of this title may not
exceed a total of $1,500,000.''.
(b) Financial Assistance Program for Service in Troop Program
Units.--Section 2107a(c) of such title is amended by adding at the end
the following new paragraphs:
``(4)(A) The Secretary of the Army may provide an individual who
received a commission as a Reserve officer in the Army from a military
junior college through a program under this chapter and who does not
have a baccalaureate degree with financial assistance for pursuit of a
baccalaureate degree.
``(B) Such assistance is in addition to any provided under
paragraph (1) or (2).
``(C) The agreement and reimbursement requirements established in
section 2005 of this title are applicable to financial assistance under
this paragraph.
``(D) An officer receiving financial assistance under this
paragraph shall be attached to the unit of the Army at the educational
institution at which the officer is pursuing a baccalaureate degree and
shall be considered to be a member of the Senior Reserve Officers'
Training Corps on inactive duty for training, as defined in section
101(23) of title 38.
``(E) A qualified officer who did not previously receive financial
assistance under this section is eligible to receive educational
assistance under this paragraph.
``(F) A Reserve officer may not be called or ordered to active duty
for a deployment while participating in the program under this
paragraph.
``(G) Any service obligation incurred by an officer under an
agreement entered into under this paragraph shall be in addition to any
service obligation incurred by that officer under any other provision
of law or agreement.''.
``(H) As provided in subparagraph (H) of section 2107(c)(5) of this
title, the amount obligated during any fiscal year under this paragraph
and paragraph (5) of section 2107(c) of this title may not exceed a
total of $1,500,000.''.
(c) Repeal of Sunset Provision for Financial Assistance Program for
Students not Eligible for Advanced Training.--Section 2103a of such
title is amended by striking subsection (d).
(d) Annual Implementation Report.--The Secretary of the Army shall
submit to the Committees on Armed Services of the Senate and House of
Representatives an annual report, for each of the next six years after
the enactment of this Act, providing information on the experience of
the Department of Defense during the preceding year under paragraph (5)
of section 2107(c) of title 10, United States Code, as added by
subsection (a), and under paragraph (4) of section 2107a(c) of title
10, United States Code, as added by subsection (b). The report for with
respect to any year shall be submitted not later March 31 of the
following year.
SEC. 526. EFFECT OF APPOINTMENT OR COMMISSION AS OFFICER ON ELIGIBILITY
FOR SELECTED RESERVE EDUCATION LOAN REPAYMENT PROGRAM FOR
ENLISTED MEMBERS.
(a) Continuation of Loan Repayment.--Section 16301(a) of title 10,
United States Code, is amended--
(1) in paragraph (2), by striking ``The Secretary'' in the
first sentence and inserting ``Except as provided in paragraph
(3), the Secretary of Defense''; and
(2) by adding at the end the following new paragraph:
``(3) In the case of a commitment made by the Secretary of Defense
after the date of the enactment of this paragraph to repay a loan under
paragraph (1) conditioned upon the performance by the borrower of
service as an enlisted member under paragraph (2), the Secretary shall
repay the loan for service performed by the borrower as an officer
(rather than as an enlisted member) in the case of a borrower who,
after such commitment is entered into and while performing service as
an enlisted member, accepts an appointment or commission as a warrant
officer or commissioned officer of the Selected Reserve.''.
(b) Limitation on Fiscal Year 2005 Obligations.--During fiscal year
2005, obligations incurred under section 16301 of title 10, United
States Code, as amended by subsection (a), to make loan repayments on
behalf of members of the reserve components who accept an appointment
or commission as a warrant officer or commissioned officer of the
Selected Reserve may not exceed $1,000,000.
SEC. 527. NUMBER OF STARBASE ACADEMIES IN A STATE.
Paragraph (3) of section 2193b(c) of title 10, United States Code,
is amended to read as follows:
``(3)(A) Subject to subparagraph (B), the Secretary may not support
the establishment in any State of more than two academies.
``(B) The Secretary may waive the limitation in subparagraph (A).
Any such waiver shall be made under criteria to be prescribed by the
Secretary.''.
SEC. 528. COMPTROLLER GENERAL ASSESSMENT OF INTEGRATION OF ACTIVE AND
RESERVE COMPONENTS OF THE NAVY.
(a) Assessment.--The Comptroller General shall review the plan of
the Secretary of the Navy for, and implementation by the Secretary of,
initiatives undertaken within the Navy to improve the integration of
the active and reserve components of the Navy in peacetime and wartime
operations resulting from--
(1) the Naval Reserve Redesign Study carried out by the
Navy: and
(2) the zero-based review of reserve component force
structure undertaken by the commander of the Fleet Forces
Command of the Navy during fiscal year 2004.
(b) Report.--No later than March 31, 2005, the Comptroller General
shall submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the results of the review under
subsection (a). The Comptroller General shall include in the report
recommendations for improved active and reserve component integration
in the Navy.
(c) Limitation.--No funds appropriated or otherwise made available
by this Act may be obligated or expended to decommission a Naval
Reserve or Marine Corps Reserve aviation squadron until 90 days after
the date on which the report required by subsection (b) is submitted to
the Committees on Armed Services of the Senate and House of
Representatives.
(d) Matters to be Examined.--In conducting the review, the
Comptroller General shall examine the following:
(1) The criteria the Navy used to determine the following
with respect to integration of the active and reserve
components of the Navy:
(A) The future mix of active and reserve component
force structure.
(B) Organization of command and control elements.
(C) Manpower levels.
(D) Basing changes.
(2) The extent to which the plans of the Navy for improving
the integration of the active and reserve components of the
Navy considered each of the following:
(A) The new Fleet Response Plan of the Navy.
(B) The flexible deployment concept.
(C) Global operations.
(D) Emerging mission requirements.
(E) Other evolving initiatives.
(3) The manner in which the timing of the execution of
planned active and reserve integration initiatives will
correlate with the funding of those initiatives, including
consideration of an evaluation of the adequacy of the funding
allocated to those integration initiatives.
(4) For naval aviation forces, the extent to which the
active and reserve component integration plans of the Navy will
affect factors such as--
(A) common training and readiness standards for
active and reserve forces;
(B) reserve component access to the same equipment
as the active component;
(C) relationships between command and headquarters
elements of active and reserve forces; and
(D) trends in the use by the Navy of units referred
to as ``associate'' units or ``blended'' units.
(E) Basing of future aviation forces.
(F) Employment of Naval Reserve aviation forces and
personnel in peacetime and wartime operations.
SEC. 529. OPERATIONAL ACTIVITIES CONDUCTED BY THE NATIONAL GUARD UNDER
AUTHORITY OF TITLE 32.
(a) In General.--Title 32, United States Code, is amended by adding
at the end the following new chapter:
``CHAPTER 9--OPERATIONS OF A NATIONAL OR FEDERAL INTEREST
``Sec.
``901. Operational activities.
``902. Operational duty.
``903. Funding assistance.
``904. Operations requests.
``Sec. 901. Operational activities
``The Secretary of Defense may provide funds in advance or on a
reimbursable basis to a Governor to employ National Guard units and
individuals to conduct operational activities that the Secretary
determines to be in the national interest. The Secretary of Defense
shall prescribe regulations to implement this chapter.
``Sec. 902. Operational duty
``All duty performed under this chapter shall be considered to be
full-time National Guard duty under section 502(f) of this title.
Members of the National Guard performing full-time National Guard duty
in the Active Guard and Reserve Program may support or execute
operational activities performed by the National Guard under this
chapter.
``Sec. 903. Funding assistance
``When the Secretary of Defense determines that certain operational
activities of the National Guard are in the national interest under
section 901 of this title, the Secretary shall provide funds to a State
in an amount that the Secretary determines is appropriate for the
following costs of the operational activities from funds available to
the Department for related purposes:
``(1) The pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses of personnel of the
National Guard of that State.
``(2) The operation and maintenance of the equipment and
facilities of the National Guard of that State.
``(3) The procurement of services and equipment, and the
leasing of equipment, for the National Guard of that State.
``Sec. 904. Operations requests
``(a) Requests.--A Governor of a State may request funding
assistance for the operational activities of the National Guard of that
State from the Secretary of Defense. Any such request shall include the
following:
``(1) The specific intended operational activities of the
National Guard of that State.
``(2) An explanation of why the operational activities are
in the national interest.
``(3) A certification that operational activities are to be
conducted at a time when the personnel involved are not in
Federal service.
``(4) A certification that participation by National Guard
personnel in the operational activities is service in addition
to training required under section 502 of this title.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
such title is amended by adding at the end the following new item:
``9. Operations of a National or Federal Interest........... 901''.
(c) Conforming Amendment.--Section 115(h) of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(i) Certain Full-Time National Guard Duty Personnel Excluded From
Counting for Full-Time National Guard Duty End Strengths.--In counting
full-time National Guard duty personnel for the purpose of end-
strengths authorized pursuant to subsection (a)(1), persons
involuntarily performing operational activities under chapter 9 of
title 32 shall be excluded.''.
SEC. 530. ARMY PROGRAM FOR ASSIGNMENT OF ACTIVE COMPONENT ADVISERS TO
UNITS OF THE SELECTED RESERVE.
(a) Change in Minimum Number Required to be Assigned.--Section
414(c)(1) of the National Defense Authorization Act for Fiscal Year
2002 (Public Law 107-107; 10 U.S.C. 12001 note) is amended by striking
``5,000'' and inserting ``3,500''.
(b) Limitation on Reductions.--Notwithstanding the amendment made
by subsection (a), the Secretary of the Army may not reduce the number
of active component Reserve support personnel below the number of such
personnel as of the date of the enactment of this Act until the report
required by subsection (c) has been submitted.
(c) Report.--Not later than March 31, 2005, the Secretary of the
Army shall submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the support by active components
of the Army for training and readiness of the Army National Guard and
Army Reserve. The report shall include an evaluation and determination
of each of the following:
(1) The effect on the ability of the Army to improve such
training and readiness resulting from the reduction under the
amendment made by subsection (a) in the minimum number of
active component Reserve support personnel.
(2) The adequacy of having 3,500 members of the Army (the
minimum number required under the law as so amended) assigned
as active component Reserve support personnel in order to meet
emerging training requirements in the Army reserve components
in connection with unit and force structure conversions and
preparations for wartime deployment
(3) The nature and effectiveness of efforts by the Army to
reallocate the 3,500 personnel assigned as active component
Reserve support personnel to higher priority requirements and
to expand the use of reservists on active duty to meet reserve
component training needs.
(4) Whether the Army is planning further reductions in the
number of active component Reserve support personnel and, if
so, the scope and rationale for those reductions.
(5) Whether an increase in Army reserve component full-time
support personnel will be required to replace the loss of
active component Reserve support personnel.
(d) Definition.--In this section, the term ``active component
Reserve support personnel'' means the active component Army personnel
assigned as advisers to units of the Selected Reserve of the Ready
Reserve of the Army pursuant to section 414 of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107; 10 U.S.C.
12001 note).
Subtitle D--Joint Officer Management
SEC. 531. STRATEGIC PLAN TO LINK JOINT OFFICER DEVELOPMENT TO OVERALL
MISSIONS AND GOALS OF DEPARTMENT OF DEFENSE.
(a) Plan Required.--(1) The Secretary of Defense shall develop a
strategic plan for joint officer management and joint professional
military education that links joint officer development to the
accomplishment of the overall missions and goals of the Department of
Defense, as set forth in the most recent national military strategy
under section 153(d) of title 10, United States Code. Such plan shall
be developed for the purpose of ensuring that sufficient numbers of
qualified officers are available as necessary to meet the needs of the
Department for qualified officers who are operationally effective in
the joint environment.
(2) The Secretary shall develop the strategic plan with the advice
of the Chairman of the Joint Chiefs of Staff.
(b) Matters to be Included.--As part of the strategic plan under
subsection (a), the Secretary shall include the following:
(1) A statement of the levels of joint officer resources
needed to be available to properly support the overall missions
of the Department of Defense, with such resources to be
specified by the number of officers with the joint specialty,
the number of officers required for service in joint duty
assignment positions, and the training and education resources
required.
(2) An assessment of the available and projected joint
officer development resources (including officers, educational
and training resources, and availability of joint duty
assignment positions and tours of duty) necessary to achieve
the levels specified under paragraph (1).
(3) Identification of any problems or issues arising from
linking resources for joint officer development to
accomplishment of the objective of meeting the levels specified
under paragraph (1) to resolve those problems and issues and
plans.
(4) A description of the process for identification of the
requirement for joint specialty officers.
(5) A description of the career development and management
of joint specialty officers and of any changes to be made to
facilitate achievement of the levels of resources specified in
paragraph (1), including additional education requirements,
promotion opportunities, and assignments to fill joint
assignments.
(c) Inclusion of Reserve Component Officers.--In developing the
strategic plan required by subsection (a), the Secretary shall include
joint officer development for officers on the reserve active-status
list in the plan.
(d) Report.--The Secretary shall submit the plan developed under
this section to the Committees on Armed Services of the Senate and
House of Representatives not later than January 15, 2006.
(e) Additional Assessment.--Not later than January 15, 2007, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives, as a follow-on to the
report under subsection (d), a report providing an assessment of, and
initiatives to improve, the performance in joint matters of the
following:
(1) Senior civilian officers and employees in the Office of
the Secretary of Defense, the Defense Agencies, and the
military departments.
(2) Senior noncommissioned officers.
(3) Senior leadership in the reserve components.
SEC. 532. JOINT REQUIREMENTS FOR PROMOTION TO FLAG OR GENERAL OFFICER
GRADE.
(a) Effective Date for Joint Specialty Officer Requirement.--
Subsection (a)(2) of section 619a of title 10, United States Code, is
amended by striking ``September 30, 2007'' and inserting ``September
30, 2008''.
(b) Exception to Joint Duty Requirement for Officers Serving in
Joint Duty Assignment When Considered for Promotion.--Subsection (b)(4)
of such section is amended by striking ``if--'' and all that follows
through ``(B) the officer's'' and inserting ``if the officer's''.
SEC. 533. CLARIFICATION OF TOURS OF DUTY QUALIFYING AS A JOINT DUTY
ASSIGNMENT.
(a) Consecutive Tours of Duty in Joint Duty Assignments.--Section
668(c) of title 10, United States Code, is amended by striking ``within
the same organization''.
(b) Effective Date.--The amendment made by subsection (a) shall not
apply in the case of a joint duty assignment completed by an officer
before the date of the enactment of this Act, except in the case of an
officer has continued in joint duty assignments, without a break in
service in such assignments, between the end of such assignment and the
date of the enactment of this Act.
SEC. 534. AUTHORITY FOR RESERVE OFFICERS TO QUALIFY AS JOINT SPECIAL
OFFICERS.
(a) Authority.--Subsection (a) of section 661 of title 10, United
States Code, is amended by striking ``on the active-duty list''.
(b) Nominations for Selection.--Subsection (b) of such section is
amended in the second sentence--
(1) by striking ``and'' after ``military department,''; and
(2) by inserting after ``such date,'' the following: ``,
and each reserve component officer in an active status who is
not on the active-duty list,''.
(c) Conforming Amendments.--(1) Section 662 of such title is
amended--
(A) in subsection (a), by inserting ``on the active-duty
list'' after ``qualifications of officers'' in the matter
preceding paragraph (1); and
(B) in subsection (b), by inserting ``on the active-duty
list'' after ``preceding fiscal year of officers'' in the first
sentence.
(2)(A) The heading of such section is amended to read as follows:
``Sec. 662. Promotion policy objectives for joint officers on the
active-duty list''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 38 of such title is amended to read as
follows:
``662. Promotion policy objectives for joint officers on the active-
duty list.''.
(d) Annual Report to Congress.--(1) Section 667 of such title is
amended--
(A) by redesignating paragraph (18) as paragraph (19); and
(B) by inserting after paragraph (17) the following new
paragraph (18):
``(18) The implementation of authority under section 661 of
this title to certify reserve component officers as joint
specialty officers, together with the number of reserve
component officers who were so certified during the reporting
period.''.
(2) The Secretary of Defense shall include in the annual report of
the Secretary to Congress for fiscal year 2005, as part of the material
included in that report pursuant to paragraph (18) of section 667 of
title 10, United States Code, a summary of the joint officer management
policies adopted for reserve component officers pursuant to the
amendments made by subsections (a) and (b).
Subtitle E--Professional Military Education
SEC. 541. IMPROVEMENT TO PROFESSIONAL MILITARY EDUCATION IN THE
DEPARTMENT OF DEFENSE.
(a) In General.--Part III of subtitle A of title 10, United States
Code, is amended--
(1) by redesignating chapter 107 as chapter 106A; and
(2) by inserting before chapter 108 the following new
chapter:
``CHAPTER 107--PROFESSIONAL MILITARY EDUCATION
``Sec.
``2151. Definitions
``2152. Professional military education: general requirements.
``2153. Capstone course: newly selected general and flag officers.
``2154. Joint professional military education: three-phase approach.
``2155. Intermediate level service colleges: written examination for
selection for attendance.
``2156. Joint professional military education phase II program of
instruction.
``2157. Intermediate and senior level service colleges; Joint Forces
Staff College: duration of principle course
of instruction.
``2158. Annual report to Congress.
``Sec. 2151. Definitions
(a) Joint Professional Military Education.--Joint professional
military education consists of the rigorous and thorough instruction
and examination of officers of the armed forces in an environment
designed to promote a theoretical and practical in-depth understanding
of joint matters and, specifically, of the subject matter covered. The
subject matter to be covered by joint professional military education
shall include at least the following:
``(1) Integrated employment of land, sea, and air
forces.
``(2) National military strategy.
``(3) Strategic planning.
``(4) Contingency planning.
``(5) Command and control of combat operations
under unified command.
``(6) Joint and combined operations.
``(7) Joint doctrine.
``(8) Joint logistics.
``(9) Joint communications.
``(10) Joint intelligence.
``(11) Campaign planning.
``(12) Joint military command and control systems
and the interface of those systems with national
command systems.
``(13) Joint force development, including
mobilization.
``(14) Joint requirements development.
``(15) Military history.
``(16) Awareness of cultures in areas outside of
the United States where United States forces may
operate or of forces of foreign countries with whom
United States forces may operate.
``(b) Other Definitions.--In this chapter:
``(1) The term `senior level service school' means any of
the following:
``(A) The Army War College.
``(B) The College of Naval Warfare.
``(C) The Air War College.
``(D) The Marine Corps University.
``(2) The term `intermediate level service school' means
any of the following:
``(A) The United States Army Command and General
Staff College.
``(B) The College of Naval Command and Staff.
``(C) The Air Command and Staff College.
``(D) The Marine Corps Command and Staff College.
``Sec. 2152. Joint professional military education: general
requirements
``(a) In General.--The Secretary of Defense shall implement a
coherent and comprehensive framework for the joint professional
military education of officers, including officers nominated under
section 661 of this title for the joint specialty.
``Sec. 2153. Capstone course: newly selected general and flag officers
``(a) Requirement.--Each officer selected for promotion to the
grade of brigadier general or, in the case of the Navy, rear admiral
(lower half) shall be required, after such selection, to attend a
military education course designed specifically to prepare new general
and flag officers to work with the other armed forces.
``(b) Waiver Authority.--(1) Subject to paragraph (2), the
Secretary of Defense may waive subsection (a)--
``(A) in the case of an officer whose immediately previous
assignment was in a joint duty assignment and who is thoroughly
familiar with joint matters;
``(B) when necessary for the good of the service;
``(C) in the case of an officer whose proposed selection
for promotion is based primarily upon scientific and technical
qualifications for which joint requirements do not exist (as
determined under regulations prescribed under section 619(e)(4)
of this title); and
``(D) in the case of a medical officer, dental officer,
veterinary officer, medical service officer, nurse, biomedical
science officer, or chaplain.
``(2) The authority of the Secretary of Defense to grant a waiver
under paragraph (1) may only be delegated to the Deputy Secretary of
Defense, an Under Secretary of Defense, or an Assistant Secretary of
Defense. Such a waiver may be granted only on a case-by-case basis in
the case of an individual officer.
``Sec. 2154. Joint professional military education: three-phase
approach
``(a) Three-Phase Approach.--The Secretary of Defense shall
implement a three-phase approach to joint professional military
education, as follows:
``(1) There shall be a course of instruction, designated
and certified by the Secretary of Defense as Phase I
instruction, consisting all the elements of a joint
professional military education (as specified in section
2151(a) of this title), in addition to the principal curriculum
taught to all officers at an intermediate level service school.
``(2) There shall be a course of instruction, designated
and certified by the Secretary of Defense as Phase II
instruction, consisting of a joint professional military
education curriculum taught in residence at--
``(A) the Joint Forces Staff College; or
``(B) a senior level service school that has been
designated and certified by the Secretary of Defense as
a joint professional military education institution.
``(3) There shall be a course of instruction, designated
and certified by the Secretary of Defense as the Capstone
course, for officers selected for promotion to the grade of
brigadier general or, in the case of the Navy, rear admiral
(lower half) and offered in accordance with section 2153 of
this title.
``(b) Sequenced Approach.--The Secretary shall require the
sequencing of joint professional military education so that the
standard sequence of assignments for such education requires an officer
to complete Phase I instruction before proceeding to Phase II
instruction, as provided in section 2156(a) of this title.
``Sec. 2155. Intermediate level service school: written examination for
selection for attendance
``(a) Requirement.--The Secretary of each military department shall
require that performance on a comprehensive written examination shall
constitute not less than 20 percent of the evaluation criteria for
selection of any officer for full-time attendance at an intermediate
level service school under the jurisdiction of the Secretary. Such an
examination shall be designed so as to require substantive knowledge of
military history, national military strategy, service and joint
doctrine, and such other subjects as the Secretary may require. Such an
examination shall be required for each class entering an intermediate
level service school after September 30, 2007.
``(b) Selection From Different Service.--The Secretary of a
military department, in considering candidates for full-time attendance
at an intermediate level service school under the jurisdiction of the
Secretary who are officers of an armed force other than the armed force
that administers that service school, shall consider such an officer to
be qualified for selection for such attendance if the officer has met
all the requirements for attendance at the equivalent intermediate
level service school of that officer's own armed force.
``Sec. 2156. Joint professional military education phase II program of
instruction
``(a) Prerequisite of Completion of Joint Professional Military
Education I Program of Instruction.--(1) After September 30, 2009, an
officer of the armed forces may not be accepted for, or assigned to, a
program of instruction designated by the Secretary of Defense as joint
professional military education Phase II unless the officer has
successfully completed a program of instruction designated by the
Secretary of Defense as joint professional military education Phase I.
``(2) The Chairman of the Joint Chiefs of Staff may grant
exceptions to the requirement under paragraph (1). Such an exception
may be granted only on a case-by-case basis for compelling cause, as
determined by the Chairman. An officer selected to receive such an
exception shall be required to demonstrate a knowledge of joint matters
and other aspects of the Phase I curriculum that, to the satisfaction
of the Chairman, qualifies the officer to meet the minimum requirements
established for entry into Phase II instruction without first
completing Phase I instruction. The number of officers selected to
attend an offering of the principal course of instruction at the Joint
Forces Staff College or a senior level service school designated by the
Secretary of Defense as a joint professional military education
institution who have not completed Phase I instruction should comprise
no more than 10 percent of the total number of officers selected.
``(b) Phase II Requirements.--The Secretary shall require that the
curriculum for Phase II joint professional military education at any
school--
``(1) focus on developing joint attitudes and perspectives
and honing joint warfighting skills; and
``(2) be structured --
``(A) so as to adequately prepare students to
perform effectively in an assignment to a joint,
multiservice organization; and
``(B) so that students progress from a basic
knowledge of joint matters learned in Phase I
instruction to the level of expertise necessary for
successful performance in the joint arena.
``(c) Curriculum Content.--In addition to the subjects specified in
section 2151(a) of this title, the curriculum for Phase II joint
professional military education shall include the following:
``(1) National security strategy.
``(2) Theater strategy and campaigning.
``(3) Joint planning processes and systems.
``(4) Joint, interagency, and multinational capabilities
and the integration of those capabilities.
``(d) Student Ratio; Faculty Ratio.--(1) For courses of instruction
in a Phase II program of instruction that is offered at senior level
service school that has been designated by the Secretary of Defense as
a joint professional military education institution--
``(1) the percentage of students enrolled in any such
course who are officers of the armed force that administers the
school may not exceed 60 percent, with the remaining services
proportionally represented; and
``(2) of the faculty at the school who are active-duty
officers who provide instruction in such courses, the
percentage who are officers of the armed force that administers
the school may not exceed 60 percent, with the remaining
services proportionally represented.
``Sec. 2157. Intermediate and senior level service schools; Joint
Forces Staff College: duration of principle course of
instruction
``(a) Service Schools.--The duration of the principal course of
instruction offered at each intermediate level service school and each
senior level service school may not be less than 10 months of resident
instruction. The Secretary of Defense may waive the requirement in the
preceding sentence during a period of war or during a national
emergency declared by the President or the Congress.
``(b) Joint Forces Staff College.--(1) The duration of the
principal course of instruction offered at the Joint Forces Staff
College may not be less than 10 weeks of resident instruction.
``(2) In this subsection, the term `principal course of
instruction' means any course of instruction offered at the Joint
Forces Staff College as Phase II joint professional military education.
``Sec. 2158. Annual report to Congress
``The Secretary of Defense shall include in the annual report of
the Secretary to Congress under section 113(c) of this title, for the
period covered by the report, the following information (which shall be
shown for the Department of Defense as a whole and separately for the
Army, Navy, Air Force, and Marine Corps and each reserve component):
``(1) The number of officers who successfully completed a
joint professional military education phase II course and were
not selected for promotion.
``(2) The number of officer students and faculty members
assigned by each service to the professional military schools
of the other services and to the joint schools.''.
(b) Transfer of Other Provisions.--Subsections (b) and (c) of
section 663 of title 10, United States Code, are transferred to section
2151 of such title, as added by subsection (a), and added at the end
thereof.
(c) Conforming Amendments.--(1) Section 663 of such title, as
amended by subsection (b), is further amended--
(A) by striking subsections (a) and (e); and
(B) by striking ``(d) Post-Education Joint Duty
Assignments.--(1) The'' and inserting ``(a) Joint Specialty
Officers.--The'';
(C) by striking ``(2)(A) The Secretary'' and inserting
``(b) Other Officers.--(1) The Secretary'';
(D) by striking ``in subparagraph (B)' and inserting ``in
paragraph (2)'';
(E) by striking ``(B) The Secretary'' and inserting ``(2)
The Secretary''; and
(F) by striking ``in subparagraph (B)' and inserting ``in
paragraph (1)''.
(2)(A) The heading of such section is amended to read as follows:
``Sec. 633. Joint duty assignments after completion of joint
professional military education''.
(B) The item relating to that section in the table of sections at
the beginning of chapter 38 of such title is amended to read as
follows:
``633. Joint duty assignments after completion of joint professional
military education.''.
(d) Conforming Repeal.--Section 1123(b) of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189;
103 Stat. 1556) is repealed.
(e) Clerical Amendment.--The tables of chapters at the beginning of
subtitle A, and at the beginning of part III of subtitle A, of title
10, United States Code, are amended by striking the item relating to
chapter 107 and inserting the following:
``106A. Educational Assistance for Persons Enlisting for 2141
Active Duty.
``107. Professional Military Education .................... 2151''.
SEC. 542. RIBBONS TO RECOGNIZE COMPLETION OF JOINT PROFESSIONAL
MILITARY EDUCATION.
(a) In General.--(1) Chapter 57 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1134. Joint professional military education ribbon: award
``(a) JPME I.--The Secretary of Defense may award a ribbon, of
appropriate design, as approved by the Secretary, to any person who
successfully completes a program of instruction approved by the
Secretary as qualifying for credit as the Joint Professional Military
Education Phase I program of instruction.
``(b) JPME II.--The Secretary of Defense may award a device, of
appropriate design, as approved by the Secretary, for wear with the
ribbon awarded under subsection (a), to any person who successfully
completes a program of instruction approved by the Secretary as
qualifying for credit as the Joint Professional Military Education
Phase II course of instruction.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1134. Joint professional military education ribbon: award.''.
(b) Effective Date.--Section 1134 of title 10, United States Code,
as added by subsection (a), shall apply with respect to the successful
completion of a joint professional military education program of
instruction after November 29, 1989.
SEC. 543. INCREASE IN NUMBER OF PRIVATE-SECTOR CIVILIANS WHO MAY BE
ENROLLED FOR INSTRUCTION AT NATIONAL DEFENSE UNIVERSITY.
Section 2167(a) of title 10, United States Code, is amended by
striking ``10'' and inserting ``20''.
SEC. 544. REQUIREMENT FOR COMPLETION OF PHASE I JOINT PROFESSIONAL
MILITARY EDUCATION BEFORE PROMOTION TO COLONEL OR NAVY
CAPTAIN.
(a) In General.--Chapter 36 of title 10, United States Code, is
amended by inserting after section 619a the following new section:
``Sec. 619b. Eligibility for consideration for promotion: joint
professional military education required before promotion
to colonel or Navy captain; exceptions
``(a) General Rule.--After September 30, 2007, an officer on the
active-duty list of the Army, Air Force, or Marine Corps may not be
appointed to the grade of colonel, and an officer on the active-duty
list of the Navy may not be appointed to the grade of captain, unless
the officer has successfully completed a program of instruction
approved by the Secretary as qualifying for credit as the Joint
Professional Military Education Phase I or Phase II program of
instruction.
``(b) Exceptions.--Subject to subsection (c), the Secretary of
Defense may waive subsection (a) in the following circumstances:
``(1) When necessary for the good of the service.
``(2) In the case of an officer whose proposed selection
for promotion is based primarily upon scientific and technical
qualifications for which joint requirements do not exist.
``(3) In the case of--
``(A) a medical officer, dental officer, veterinary
officer, medical service officer, nurse, or biomedical
science officer;
``(B) a chaplain; or
``(C) a judge advocate.
``(c) Waiver To Be Individual.--A waiver may be granted under
subsection (b) only on a case-by-case basis in the case of an
individual officer.
``(d) Special Rule for Good-of-the-Service Waiver.--In the case of
a waiver under subsection (b)(1), the Secretary shall provide that the
first duty assignment as a colonel or Navy captain of the officer for
whom the waiver is granted shall be to a program of joint professional
military education.
``(e) Limitation on Delegation of Waiver Authority.--The authority
of the Secretary of Defense to grant a waiver under subsection (b)
(other than under paragraph (1) of that subsection) may be delegated
only to the Deputy Secretary of Defense, an Under Secretary of Defense,
or an Assistant Secretary of Defense.
``(f) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section. The regulations shall
specifically identify for purposes of subsection (b)(2) those
categories of officers for which selection for promotion to colonel or,
in the case of the Navy, captain is based primarily upon scientific and
technical qualifications for which joint requirements do not exist.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``619b. Eligibility for consideration for promotion: joint professional
military education required before
promotion to colonel or Navy captain;
exceptions.''.
Subtitle F--Other Education and Training Matters
SEC. 551. COLLEGE FIRST DELAYED ENLISTMENT PROGRAM.
(a) Codification and Extension of Army Program.--(1) Chapter 31 of
title 10, United States Code, is amended by inserting after section 510
the following new section:
``Sec. 511. College First Program
``(a) Program Authority.--The Secretary of each military department
may establish a program to increase the number of, and the level of the
qualifications of, persons entering the armed forces as enlisted
members by encouraging recruits to pursue higher education or
vocational or technical training before entry into active service.
``(b) Delayed Entry With Allowance for Higher Education.--The
Secretary concerned may--
``(1) exercise the authority under section 513 of this
title--
``(A) to accept the enlistment of a person as a
Reserve for service in the Selected Reserve or
Individual Ready Reserve of a reserve component,
notwithstanding the scope of the authority under
subsection (a) of that section, in the case of the Army
National Guard of the United States or Air National
Guard of the United States; and
``(B) to authorize, notwithstanding the period
limitation in subsection (b) of that section, a delay
of the enlistment of any such person in a regular
component under that subsection for the period during
which the person is enrolled in, and pursuing a program
of education at, an institution of higher education, or
a program of vocational or technical training, on a
full-time basis that is to be completed within the
maximum period of delay determined for that person
under subsection (c); and
``(2) subject to paragraph (2) of subsection (d) and except
as provided in paragraph (3) of that subsection, pay an
allowance to a person accepted for enlistment under paragraph
(1)(A) for each month of the period during which that person is
enrolled in and pursuing a program described in paragraph
(1)(B).
``(c) Maximum Period of Delay.--The period of delay authorized a
person under paragraph (1)(B) of subsection (b) may not exceed the 30-
month period beginning on the date of the person's enlistment accepted
under paragraph (1)(A) of such subsection.
``(d) Allowance.--(1) The monthly allowance paid under subsection
(b)(2) shall be equal to the amount of the subsistence allowance
provided for certain members of the Senior Reserve Officers' Training
Corps with the corresponding number of years of participation under
section 209(a) of title 37. The Secretary concerned may supplement that
stipend by an amount not to exceed $225 per month.
``(2) An allowance may not be paid to a person under this section
for more than 24 months.
``(3) A member of the Selected Reserve of a reserve component may
be paid an allowance under this section only for months during which
the member performs satisfactorily as a member of a unit of the reserve
component that trains as prescribed in section 10147(a)(1) of this
title or section 502(a) of title 32. Satisfactory performance shall be
determined under regulations prescribed by the Secretary concerned.
``(4) An allowance under this section is in addition to any other
pay or allowance to which a member of a reserve component is entitled
by reason of participation in the Ready Reserve of that component.
``(e) Recoupment of Allowance.--(1) A person who, after receiving
an allowance under this section, fails to complete the total period of
service required of that person in connection with delayed entry
authorized for the person under section 513 shall repay the United
States the amount which bears the same ratio to the total amount of
that allowance paid to the person as the unserved part of the total
required period of service bears to the total period.
``(2) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
``(3) A discharge of a person in bankruptcy under title 11 that is
entered less than five years after the date on which the person was, or
was to be, enlisted in the regular Army pursuant to the delayed entry
authority under section 513 does not discharge that person from a debt
arising under paragraph (1).
``(4) The Secretary concerned may waive, in whole or in part, a
debt arising under paragraph (1) in any case for which the Secretary
determines that recovery would be against equity and good conscience or
would be contrary to the best interests of the United States.
``(f) Special Pay and Bonuses.--Upon enlisting in the regular
component of the member's armed force, a person who initially enlisted
as a Reserve under this section may, at the discretion of the Secretary
concerned, be eligible for all regular special pays, bonuses, education
benefits, and loan repayment programs.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 510 the
following new item:
``511. College First Program''.
(b) Repeal of Army College First Program.--Section 573 of the
National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 513
note) is repealed. The Secretary of the Army shall treat the program
under section 511 of title 10, United States Code, as added by
subsection (a), as a continuation of the program under the section
repealed by the preceding sentence.
(c) Effective Date.--Section 511 of title 10, United States Code,
as added by subsection (a), and the repeal made by subsection (b) shall
take effect on October 1, 2004.
(d) Limitation on Fiscal Year 2005 Obligations.--During fiscal year
2005, obligations incurred under section 511 of title 10, United States
Code, as added by subsection (a), to pay allowances to persons accepted
for enlistment as a Reserve for service in the Selected Reserve or
Individual Ready Reserve of a reserve component using the expanded
authority provided by the amendment made by subsection (a) may not
exceed $5,000,000. The authority to pay allowances under such section
shall not be considered to be an expanded authority to the extent that
the authority to pay such allowances was available under section 573 of
the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C.
513 note), before the repeal of such section by subsection (b).
SEC. 552. STANDARDIZATION OF AUTHORITY TO CONFER DEGREES ON GRADUATES
OF COMMUNITY COLLEGE OF THE AIR FORCE WITH AUTHORITY FOR
OTHER SCHOOLS OF AIR UNIVERSITY.
(a) Change in Degree Conferring Authority.--Section 9315(c) of
title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``Air Education and
Training Command of the Air Force'' and inserting ``Air
University''; and
(2) in paragraph (2), by striking ``Air Education and
Training Command of the Air Force'' and inserting ``Air
University''.
(b) Conforming and Stylistic Amendments.--(1) Subsection (a) of
section 9317 of such title is amended--
(1) by striking ``may confer--'' and inserting ``may confer
degrees as follows:'';
(2) by striking ``the'' in paragraphs (1), (2), and (3)
after the paragraph designation and inserting ``The'';
(3) by striking the semicolon at the end of paragraph (1)
and inserting a period;
(4) by striking ``; and'' at the end of paragraph (2) and
inserting a period; and
(5) by adding at the end the following new paragraph:
``(4) An associate level degree upon graduates of the
Community College of the Air Force.''.
(c) Clerical Amendments.--The heading for such section, and the
item relating to such section in the table of sections at the beginning
of chapter 901 of such title, are amended by striking the matter
between the colon and the last word.
SEC. 553. CHANGE IN TITLES OF HEADS OF THE NAVAL POSTGRADUATE SCHOOL.
(a) President of the School.--(1)(A) Section 7042 of title 10,
United States Code, is amended by striking ``Superintendent'' each
place it appears in the text and inserting ``President''.
(B) The heading of such section is amended to read as follows:
``Sec. 7042. President; assistants''.
(2)(A) Section 7044 of such title is amended by striking
``Superintendent'' and inserting ``President of the school'';
(B) Sections 7048(a) and 7049(e) of such title are amended by
striking ``Superintendent'' and inserting ``President'';
(b) Provost and Academic Dean.--(1)(A) Subsection (a) of section
7043 of title 10, United States Code, is amended to read as follows:
``(a) There is at the Naval Postgraduate School the civilian
position of Provost and Academic Dean. The Provost and Academic Dean
shall be appointed, to serve for periods of not more than five years,
by the Secretary of the Navy after consultation with the Naval
Postgraduate School Board of Advisors and consideration of the
recommendation of the leadership and faculty of the Naval Postgraduate
School.''.
(B) Subsection (b) of such section is amended by striking
``Academic Dean'' and inserting ``Provost and Academic Dean''.
(C) The heading of such section is amended to read as follows:
``Sec. 7043. Provost and Academic Dean''.
(2) Section 5102(c)(10) of title 5, United States Code, is amended
by striking ``Academic Dean'' and inserting ``Provost and Academic
Dean''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 605 of such title is amended by striking the items related to
sections 7042 and 7043 and inserting the following new items:
``7042. President; assistants.
``7043. Provost and Academic Dean.''.
SEC. 554. INCREASE FROM TWO YEARS TO THREE YEARS IN PERIOD FOR WHICH
EDUCATIONAL LEAVE OF ABSENCE MAY BE AUTHORIZED.
Section 708(a) of title 10, United States Code, is amended by
striking ``two years'' and inserting ``three years''.
SEC. 555. CORRECTION TO DISPARATE TREATMENT OF DISABILITIES SUSTAINED
DURING ACCESSION TRAINING.
(a) Eligibility of Academy Cadets and Midshipmen for Disability
Retired Pay.--(1) Section 1217 of title 10, United States Code, is
amended to read as follows:
``Sec. 1217. Cadets, midshipmen, and aviation cadets: applicability of
chapter
``(a) This chapter applies to cadets at the United States Military
Academy, the United States Air Force Academy, and the United States
Coast Guard Academy and midshipmen of the Navy, but only with respect
to physical disabilities incurred after the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2005.
``(b) Monthly cadet pay and monthly midshipman pay under section
203(c) of title 37 shall be considered to be basic pay for purposes of
this chapter and the computation of retired pay and severance and
separation pay to which entitlement is established under this
chapter.''.
(2) The item related to section 1217 in the table of sections at
the beginning of chapter 61 of such title is amended to read as
follows:
``1217. Cadets, midshipmen, and aviation cadets: applicability of
chapter.''.
(b) Medical and Dental Care for Senior ROTC Members and
Applicants.--(1) Chapter 55 of title 10, United States Code, is amended
by inserting after section 1074a the following new section:
``Sec. 1074b. Medical and dental care: members of, and designated
applicants for membership in, Senior ROTC
``(a) Under joint regulations prescribed by the administering
Secretaries, the following persons are entitled to the benefits
described in subsection (b):
``(1) A member of, and a designated applicant for
membership in, Senior ROTC who incurs or aggravates an injury,
illness, or disease in the line of duty while performing duties
pursuant to section 2109 of this title.
``(2) A member of, and a designated applicant for
membership in, Senior ROTC who incurs or aggravates an injury,
illness, or disease while traveling directly to or from the
place at which that member or applicant is to perform or has
performed duties pursuant to section 2109 of this title.
``(3) Each member of, and each designated applicant for
membership in, Senior ROTC who incurs or aggravates an injury,
illness, or disease in the line of duty while remaining
overnight immediately before the commencement of duties
performed pursuant to section 2109 of this title or, while
remaining overnight, between successive periods of performing
duties pursuant to section 2109 of this title, at or in the
vicinity of the site of the duties performed pursuant to
section 2109 of this title, if the site is outside reasonable
commuting distance from the residence of the member or
designated applicant.
``(b) A person described in subsection (a) is entitled to--
``(1) the medical and dental care appropriate for the
treatment of the injury, illness, or disease of that person
until the resulting disability cannot be materially improved by
further hospitalization or treatment; and
``(2) subsistence during hospitalization.
``(c) A member of, and each designated applicant for membership in,
Senior ROTC is not entitled to benefits under subsection (b) if the
injury, illness, or disease or aggravation of an injury, illness, or
disease of that person described in subsection (a)(2) is the result of
the gross negligence or the misconduct of the member or applicant for
membership in Senior ROTC.
``(d) In this section, the term `Senior ROTC' means a program under
chapter 103 of this title.''.
(2) Section 1074b of title 10, United States Code, as added by
paragraph (1), shall apply with respect to injuries, illnesses, and
diseases incurred or aggravated on or after the date of the enactment
of this Act.
(3) The table of sections at the beginning of chapter 55 of such
title is amended by inserting after the item relating to section 1074a
the following new item:
``1074b. Medical and dental care: members of, and designated applicants
for membership in, Senior ROTC.''.
SEC. 556. PRAYER AT MILITARY SERVICE ACADEMY ACTIVITIES.
(a) Authority of Superintendent.--The Superintendent of a service
academy may have in effect such policy as the Superintendent considers
appropriate with respect to the offering of a voluntary,
nondenominational prayer at an otherwise authorized activity of the
academy, subject to such limitations as the President may prescribe.
(b) Service Academies.--For purposes of this section, the term
``service academy'' means any of the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
SEC. 557. REVISION TO CONDITIONS ON SERVICE OF OFFICERS AS SERVICE
ACADEMY SUPERINTENDENTS.
(a) Repeal of Requirement That Officers Retire After Service as
Superintendent.--Sections 3921, 6371, and 8921 of title 10, United
States Code, are repealed.
(b) Minimum Three-Year Tour of Duty as Superintendent.--
(1) Military Academy.--Section 4333a of such title is
amended to read as follows:
``Sec. 4333a. Superintendent: length of assignment
``An officer who is detailed to the position of Superintendent of
the Academy shall be so detailed for a period of not less than three
years. In any case in which an officer serving as Superintendent is
reassigned or retires before having completed three years service as
Superintendent, or otherwise leaves that position (other than due to
death) without having completed three years service in that position,
the Secretary of the Army shall submit to Congress notice that such
officer left the position of Superintendent without having completed
three years service in that position, together with a statement of the
reasons why that officer did not complete three years service in that
position.''.
(2) Naval Academy.--Section 6951a of such title is
amended--
(A) by striking the second sentence of subsection
(b); and
(B) by adding at the end the following new
subsection:
``(c) An officer who is detailed to the position of Superintendent
shall be so detailed for a period of not less than three years. In any
case in which an officer serving as Superintendent is reassigned or
retires before having completed three years service as Superintendent,
or otherwise leaves that position (other than due to death) without
having completed three years service in that position, the Secretary of
the Navy shall submit to Congress notice that such officer left the
position of Superintendent without having completed three years service
in that position, together with a statement of the reasons why that
officer did not complete three years service in that position.''.
(3) Air Force Academy.--Section 9333a of such title is
amended to read as follows:
``Sec. 9333a. Superintendent: length of assignment
``An officer who is detailed to the position of Superintendent of
the Academy shall be so detailed for a period of not less than three
years. In any case in which an officer serving as Superintendent is
reassigned or retires before having completed three years service as
Superintendent, or otherwise leaves that position (other than due to
death) without having completed three years service in that position,
the Secretary of the Air Force shall submit to Congress notice that
such officer left the position of Superintendent without having
completed three years service in that position, together with a
statement of the reasons why that officer did not complete three years
service in that position.''.
(b) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 367
of such title is amended by striking the item relating to
section 3921.
(2) The table of sections at the beginning of chapter 403
of such title is amended to read as follows:
``4333a. Superintendent: length of assignment.''
(3) The table of sections at the beginning of chapter 573
of such title is amended by striking the item relating to
section 6371.
(4) The table of sections at the beginning of chapter 867
of such title is amended by striking the item relating to
section 8921.
(5) The table of sections at the beginning of chapter 903
of such title is amended to read as follows:
``9333a. Superintendent: length of assignment.''
SEC. 558. CODIFICATION OF PROHIBITION ON IMPOSITION OF CERTAIN CHARGES
AND FEES AT THE SERVICE ACADEMIES.
(a) United States Military Academy.--(1) Chapter 403 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 4359. Cadets: charges and fees for attendance; limitation
``(a) Prohibition.--Except as provided in subsection (b), no charge
or fee for tuition, room, or board for attendance at the Academy may be
imposed unless the charge or fee is specifically authorized by a law
enacted after October 5, 1994.
``(b) Exception.--The prohibition specified in subsection (a) does
not apply with respect to any item or service provided to cadets for
which a charge or fee is imposed as of October 5, 1994. The Secretary
of Defense shall notify Congress of any change made by the Academy in
the amount of a charge or fee authorized under this subsection.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``4359. Cadets: charges and fees for attendance; limitation.''.
(b) United States Naval Academy.--(1) Chapter 603 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 6978. Midshipmen: charges and fees for attendance; limitation
``(a) Prohibition.--Except as provided in subsection (b), no charge
or fee for tuition, room, or board for attendance at the Naval Academy
may be imposed unless the charge or fee is specifically authorized by a
law enacted after October 5, 1994.
``(b) Exception.--The prohibition specified in subsection (a) does
not apply with respect to any item or service provided to midshipmen
for which a charge or fee is imposed as of October 5, 1994. The
Secretary of Defense shall notify Congress of any change made by the
Naval Academy in the amount of a charge or fee authorized under this
subsection.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``4359. Midshipmen: charges and fees for attendance; limitation.''.
(c) United States Air Force Academy.--(1) Chapter 903 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 9359. Cadets: charges and fees for attendance; limitation
``(a) Prohibition.--Except as provided in subsection (b), no charge
or fee for tuition, room, or board for attendance at the Academy may be
imposed unless the charge or fee is specifically authorized by a law
enacted after October 5, 1994.
``(b) Exception.--The prohibition specified in subsection (a) does
not apply with respect to any item or service provided to cadets for
which a charge or fee is imposed as of October 5, 1994. The Secretary
of Defense shall notify Congress of any change made by the Academy in
the amount of a charge or fee authorized under this subsection.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``9359. Cadets: charges and fees for attendance; limitation.''.
(d) United States Coast Guard Academy.--(1) Chapter 9 of title 14,
United States Code, is amended by adding at the end the following new
section:
``Sec. 197. Cadets: charges and fees for attendance; limitation
``(a) Prohibition.--Except as provided in subsection (b), no charge
or fee for tuition, room, or board for attendance at the Academy may be
imposed unless the charge or fee is specifically authorized by a law
enacted after October 5, 1994.
``(b) Exception.--The prohibition specified in subsection (a) does
not apply with respect to any item or service provided to cadets for
which a charge or fee is imposed as of October 5, 1994. The Secretary
of Homeland Security shall notify Congress of any change made by the
Academy in the amount of a charge or fee authorized under this
subsection.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``197. Cadets: charges and fees for attendance; limitation.''.
(e) United States Merchant Marine Academy.--Section 1303 of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1295b), is amended by adding
at the end the following new subsection:
``(j) Limitation on Charges and Fees for Attendance.--
``(1) Except as provided in paragraph (2), no charge or fee
for tuition, room, or board for attendance at the Academy may
be imposed unless the charge or fee is specifically authorized
by a law enacted after October 5, 1994.
``(2)The prohibition specified in paragraph (1) does not
apply with respect to any item or service provided to cadets
for which a charge or fee is imposed as of October 5, 1994. The
Secretary of Transportation shall notify Congress of any change
made by the Academy in the amount of a charge or fee authorized
under this paragraph.''.
(f) Repeal of Codified Provision.--Section 553 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10
U.S.C. 4331 note) is repealed.
SEC. 559. QUALIFICATIONS OF THE DEAN OF THE FACULTY OF UNITED STATES
AIR FORCE ACADEMY.
Section 9335(a) of title 10, United States Code, is amended by
inserting before the period at the end of the second sentence the
following: ``, except that, if the Dean is not an officer on active
duty, the Dean shall be a retired officer or former officer, and a
person may not be appointed or assigned as Dean unless that person
holds the highest academic degree in that person's academic field''.
Subtitle G--Medals and Decorations and Special Promotions and
Appointments
SEC. 561. SEPARATE MILITARY CAMPAIGN MEDALS TO RECOGNIZE SERVICE IN
OPERATION ENDURING FREEDOM AND SERVICE IN OPERATION IRAQI
FREEDOM.
(a) Requirement.--The President shall establish a campaign medal
specifically to recognize service by members of the uniformed services
in Operation Enduring Freedom and a separate campaign medal
specifically to recognize service by members of the uniformed services
in Operation Iraqi Freedom.
(b) Eligibility.--Subject to such limitations as may be prescribed
by the President, eligibility for a campaign medal established pursuant
to subsection (a) shall be set forth in regulations to be prescribed by
the Secretary concerned (as defined in section 101 of title 10, United
States Code). In the case of regulations prescribed by the Secretaries
of the military departments, the regulations shall be subject to
approval by the Secretary of Defense and shall be uniform throughout
the Department of Defense.
SEC. 562. ELIGIBILITY OF ALL UNIFORMED SERVICES PERSONNEL FOR NATIONAL
DEFENSE SERVICE MEDAL.
The President shall revise the criteria for eligibility for the
decoration known as the National Defense Service Medal so as to extend
such eligibility, with respect to service on or after September 11,
2001, to members of all of the uniformed services.
SEC. 563. AUTHORITY TO APPOINT BRIGADIER GENERAL CHARLES E. YEAGER,
UNITED STATES AIR FORCE (RETIRED), TO THE GRADE OF MAJOR
GENERAL ON THE RETIRED LIST.
The President is authorized to appoint, by and with the advice and
consent of the Senate, Brigadier General Charles E. Yeager, United
States Air Force (retired), to the grade of major general on the
retired list of the Air Force. Any such appointment shall not affect
the retired pay or other benefits of Charles E. Yeager or any benefits
to which any other person is or may become entitled based upon his
service.
SEC. 564. POSTHUMOUS COMMISSION OF WILLIAM MITCHELL IN THE GRADE OF
MAJOR GENERAL IN THE ARMY.
(a) Authority.--The President, by and with the advice and consent
of the Senate, may issue posthumously a commission as major general,
United States Army, in the name of the late William Mitchell, formerly
a colonel, United States Army, who resigned his commission on February
1, 1926.
(b) Date of Commission.--A commission issued under subsection (a)
shall issue as of the date of the death of William Mitchell on February
19, 1936.
(c) Prohibition of Benefits.--No person is entitled to receive any
bonus, gratuity, pay, allowance, or other financial benefit by reason
of the enactment of this section.
Subtitle H--Military Justice Matters
SEC. 571. REVIEW ON HOW SEXUAL OFFENSES ARE COVERED BY UNIFORM CODE OF
MILITARY JUSTICE.
(a) Review Required.--The Secretary of Defense shall review the
Uniform Code of Military Justice and the Manual for Courts-Martial with
the objective of determining what changes are required to improve the
ability of the military justice system to address issues relating to
sexual assault and to conform the Uniform Code of Military Justice and
the Manual for Courts-Martial more closely to other Federal laws and
regulations that address such issues.
(b) Report.--Not later than March 1, 2005, the Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report on
the review carried out under subsection (a). The report shall include
the recommendations of the Secretary for revisions to the Uniform Code
of Military Justice and, for each such revision, the rationale behind
that revision.
SEC. 572. SERVICE TIME NOT LOST WHEN CONFINED IN CONNECTION WITH TRIAL
IF CONFINEMENT EXCUSED AS UNAVOIDABLE.
Section 972 of title 10, United States Code, is amended in each of
subsections (a)(3) and (b)(3) by inserting after ``the trial'' the
following: ``, unless such confinement is excused as unavoidable''.
SEC. 573. CLARIFICATION OF AUTHORITY OF MILITARY LEGAL ASSISTANCE
COUNSEL TO PROVIDE MILITARY LEGAL ASSISTANCE WITHOUT
REGARD TO LICENSING REQUIREMENTS.
Section 1044 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e)(1) Notwithstanding any law regarding the licensure of
attorneys, a judge advocate or civilian attorney who is authorized to
provide military legal assistance is authorized to provide that
assistance in any jurisdiction, subject to such regulations as may be
prescribed by the Secretary concerned.
``(2) In this subsection, the term `military legal assistance'
includes--
``(A) legal assistance provided under this section; and
``(B) legal assistance contemplated by sections 1044a,
1044b, 1044c, and 1044d of this title.''.
Subtitle I--Management and Administrative Matters
SEC. 581. THREE-YEAR EXTENSION OF LIMITATION ON REDUCTIONS OF PERSONNEL
OF AGENCIES RESPONSIBLE FOR REVIEW AND CORRECTION OF
MILITARY RECORDS.
Section 1559(a) of title 10, United States Code, is amended by
striking ``During fiscal years 2003, 2004, and 2005,'' and inserting
``Before October 1, 2008,''.
SEC. 582. STAFFING AND FUNDING FOR DEFENSE PRISONER OF WAR/MISSING
PERSONNEL OFFICE (DPMO).
(a) Minimum Level of Staffing.--Subparagraph (B) of section
1501(a)(5) of title 10, United States Code, is amended to read as
follows:
``(B)(i) For any fiscal year--
``(I) the number of full-time Department of Defense
personnel permanently assigned or detailed to the office shall
be not less than 46 members of the armed forces and not less
than 69 civilian employees of the Department of Defense; and
``(II) the number of permanent positions authorized for the
office shall be not less than 46 positions for members of the
armed forces and not less than 69 positions for civilian
employees.
``(ii) No reductions below the numbers assigned or authorized under
clause (i) may be made unless expressly authorized by law.
``(iii) If for any reason the number of military or civilian
personnel assigned to the office should fall below the required level
under clause (i)(I), the Secretary of Defense shall promptly notify the
Committees on Armed Services of the Senate and House of Representatives
of the number of personnel so assigned and of the Secretary's plan to
restore the staffing levels of the office to at least the required
minimums under clause (i). The Secretary shall publish such notice and
plan in the Federal Register.''.
(b) Minimum Level of Funding.--Subparagraph (C) of such section is
amended to read as follows:
``(C) For any fiscal year, the level of funding allocated to the
office shall be not less than $16,000,000 unless a lower level of
funding is expressly required by law.''.
SEC. 583. PERMANENT ID CARDS FOR RETIREE DEPENDENTS AGE 70 AND OLDER.
(a) In General.--(1) Chapter 53 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1060b. Military ID cards: dependents and survivors of retirees;
issuance of permanent ID card after attaining 70 years of
age
``(a) Permanent ID Card After Age 70.--In issuing military ID cards
to retiree dependents, the Secretary concerned shall issue a permanent
ID card (not subject to renewal) to any such retiree dependent who has
attained 70 years of age. Such a permanent ID card shall be issued upon
the expiration, after the retiree dependent attains 70 years of age, of
any earlier, renewable military ID card or, if earlier, upon the
request of such a retiree dependent after attaining age 70.
``(b) Definitions.--In this section:
``(1) The term `military ID card' means a card or other
form of identification used for purposes of demonstrating
eligibility for any benefit from the Department of Defense.
``(2) The term ``retiree dependent'' means a person who is
a dependent of a retired member of the uniformed services, or a
survivor of a deceased retired member of the uniformed
services, who is eligible for any benefit from the Department
of Defense.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1060b. Military ID cards: dependents and survivors of retirees;
issuance of permanent ID card after
attaining 70 years of age.''.
(b) Effective Date.--Section 1060b of title 10, United States Code,
as added by subsection (a), shall take effect on October 1, 2004.
SEC. 584. AUTHORITY TO PROVIDE CIVILIAN CLOTHING TO MEMBERS TRAVELING
IN CONNECTION WITH MEDICAL EVACUATION.
(a) Authority.--Section 1047 of title 10, United States Code, is
amended--
(1) by inserting ``(b) Certain Enlisted Members.--'' before
``The Secretary''; and
(2) by inserting after the section heading the following:
``(a) Members Traveling In Connection With Medical Evacuation.--The
Secretary of the military department concerned may furnish civilian
clothing to a member at a cost not to exceed $250, or reimburse a
member for the purchase of civilian clothing in an amount not to exceed
$250, in the case of a member who--
``(1) is medically evacuated for treatment in a medical
facility by reason of an illness or injury incurred or
aggravated while on active duty; or
``(2) after being medically evacuated as described in
paragraph (1), is in an authorized travel status from a medical
facility to another location approved by the Secretary.''.
(b) Effective Date.--Subsection (a) of section 1047 of title 10,
United States Code, as added by subsection (a) shall take effect on
October 1, 2004.
SEC. 585. AUTHORITY TO ACCEPT DONATION OF FREQUENT TRAVELER MILES,
CREDITS, AND TICKETS TO FACILITATE REST AND RECUPERATION
TRAVEL OF DEPLOYED MEMBERS OF THE ARMED FORCES AND THEIR
FAMILIES.
(a) Operation Hero Miles.--Chapter 155 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 2613. Acceptance of frequent traveler miles, credits, and
tickets; use to facilitate rest and recuperation travel
of deployed members and their families
``(a) Authority to Accept Donation of Travel Benefits.--Subject to
subsection (c), the Secretary of Defense may accept from any person or
government agency the donation of travel benefits for the purposes of
use under subsection (d).
``(b) Travel Benefit Defined.--In the section, the term ``travel
benefit'' means frequent traveler miles, credits for tickets, or
tickets for air or surface transportation issued by an air carrier or a
surface carrier, respectively, that serves the public.
``(c) Condition on Authority to Accept Donation.--The Secretary may
accept a donation of a travel benefit under this section only if the
air or surface carrier that is the source of the benefit consents to
such donation. Any such donation shall be under such terms and
conditions as the surface carrier may specify, and the travel benefit
so donated may be used only in accordance with the rules established by
the carrier.
``(d) Use of Donated Travel Benefits.--A travel benefit accepted
under this section may be used only for the purpose of--
``(1) facilitating the travel of a member of the armed
forces who--
``(A) is deployed on active duty away from the
permanent duty station of the member; and
``(B) is granted, during such deployment, rest and
recuperative leave, emergency leave, convalescent
leave, or another form of leave authorized for the
member; or
``(2) facilitating the travel of family members of a member
described in paragraph (1) in order to be reunited with the
member.
``(e) Administration.--The Secretary shall designate a single
office in the Department of Defense to carry out this section. That
office shall be responsible for developing rules and procedures to
facilitate the acceptance and distribution of travel benefit under this
section.
``(f) Status of Benefits Received.--A member of the armed forces,
or a family member of a member of the armed forces, who receives a
travel benefit under this section is deemed to recognize no income from
the receipt or use of such benefit. A donors of a travel benefit under
this section is deemed to obtain no tax benefit from such donation.
``(g) Family Member Defined.--In this section, the term `family
member' has the meaning given that term in section 411h(b)(1) of title
37.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2613. Acceptance of frequent traveler miles, credits, and tickets;
use to facilitate rest and recuperation
travel of deployed members and their
families.''.
SEC. 586. LIMITATION ON AMENDMENT OR CANCELLATION OF DEPARTMENT OF
DEFENSE DIRECTIVE RELATING TO REASONABLE ACCESS TO
MILITARY INSTALLATIONS FOR CERTAIN PERSONAL COMMERCIAL
SOLICITATION.
An amendment to Department of Defense Directive 1344.7, ``Personal
Commercial Solicitation on DoD Installations'', or cancellation of that
directive, shall not take effect until after the end of the one-year
period beginning on the date on which a report containing the results
of the investigation regarding insurance premium allotment processing,
which is underway as of the date of the enactment of this Act, is
submitted to the Committee on Armed Services and the Committee on
Government Reform of the House of Representatives and the Committee on
Armed Services and the Committee on Governmental Affairs of the Senate.
SEC. 587. ANNUAL IDENTIFICATION OF REASONS FOR DISCHARGES FROM THE
ARMED FORCES DURING PRECEDING FISCAL YEAR.
Not later than January 1 each year, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report on discharges from the Army, Navy, Air Force,
and Marine Corps during the preceding fiscal year. Each such report
shall show, in the aggregate and for each of those Armed Forces, the
following:
(1) The total number of persons discharged during the
preceding fiscal year.
(2) For each separation code, and for each reenlistment
eligibility code, used by the Armed Forces, the number of those
discharged persons assigned that code.
(3) For the persons assigned each such separation code,
classification of discharges by age, by sex, by race, by
military rank or grade, by time in service, by unit (shown at
the small unit level), by military occupational specialty (or
the equivalent), and by reenlistment eligibility code.
SEC. 588. AUTHORITY FOR FEDERAL RECOGNITION OF NATIONAL GUARD
COMMISSIONED OFFICERS APPOINTED FROM FORMER COAST GUARD
PERSONNEL.
Section 305(a) of title 32, United States Code, is amended--
(1) by striking ``Army, Navy, Air Force, or Marine Corps''
in paragraphs (2), (3), and (4) and inserting ``armed forces'';
and
(2) by striking ``or the United States Air Force Academy''
in paragraph (5) and inserting ``the United States Air Force
Academy, or the United States Coast Guard Academy''.
SEC. 589. STUDY OF BLENDED WING CONCEPT FOR THE AIR FORCE.
(a) Study Required.--Not later than March 1, 2005, the Secretary of
the Air Force shall submit to Congress a report on the blended wing
concept for the Air Force. The report shall include the Secretary's
findings as to the characteristics and locations that are considered
favorable for a blended wing, a description of the manner in which
current blended wings are functioning, and a statement of the current
and future plans of the Air Force to implement the blended wing
concept.
(b) Selection Criteria.--The report shall include a description of
the criteria and attributes that the Secretary requires when choosing
units to become blended wings.
SEC. 590. CONTINUATION OF IMPACT AID ASSISTANCE ON BEHALF OF DEPENDENTS
OF CERTAIN MEMBERS DESPITE CHANGE IN STATUS OF MEMBER.
(a) Special Rule.--For purposes of computing the amount of a
payment for an eligible local educational agency under subsection (a)
of section 8003 of the Elementary and Secondary Education Act (20
U.S.C. 7703) for school year 2004-2005, the Secretary of Education
shall continue to count as a child enrolled in a school of such agency
under such subsection any child who--
(1) would be counted under paragraph (1)(B) of such
subsection to determine the number of children who were in
average daily attendance in the school; but
(2) due to the deployment of both parents or legal
guardians of the child, the deployment of a parent or legal
guardian having sole custody of the child, or the death of a
military parent or legal guardian while on active duty (so long
as the child resides on Federal property (as defined in section
8013(5) of such Act (7 U.S.C. 7713(5))), is not eligible to be
so counted.
(b) Termination.--The special rule provided under subsection (a)
applies only so long as the children covered by such subsection remain
in average daily attendance at a school in the same local educational
agency they attended before their change in eligibility status.
Subtitle J--Other Matters
SEC. 591. EMPLOYMENT PREFERENCES FOR SPOUSES OF CERTAIN DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES SUBJECT TO RELOCATION
AGREEMENTS.
(a) Spouses of Certain Civilian Employees.--(1) Section 1784 of
title 10, United States Code, is amended by adding at the end the
following new subsection:
``(h) Inclusion of Spouses of Certain DOD Civilian Employees
Subject to Relocation Agreements.--(1) For the purposes of this
section, the spouse of a civilian employee described in paragraph (2)
shall be considered to be the spouse of a member of the armed forces.
``(2) An employee described in this paragraph is a Department of
Defense employee who, pursuant to a mandatory mobility agreement
executed as a condition of employment or pursuant to another civilian
mobility program of the Department of Defense, has had a change of
permanent duty assignment (A) that was based on the needs of the
Government, and (B) that required a relocation of the employee's
residence.''.
(b) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 1784. Employment opportunities: military spouses; certain
Department of Defense civilian spouses subject to
relocation agreements''.
(2) The item relating to such section in the table of sections at
the beginning of subchapter I of chapter 88 of such title is amended to
read as follows:
``1784. Employment opportunities: military spouses; certain Department
of Defense civilian spouses subject to
relocation agreements.''.
(c) Effective Date.--Subsection (h) of section 1784 of title 10,
United States Code, as added by subsection (a), shall apply only with
respect to spouses of employees described in paragraph (2) of that
subsection who relocate their residence as a result of a permanent duty
assignment specified in that paragraph that is effective on or after
the date of the enactment of this Act.
SEC. 592. REPEAL OF REQUIREMENT TO CONDUCT ELECTRONIC VOTING
DEMONSTRATION PROJECT FOR THE FEDERAL ELECTION TO BE HELD
IN NOVEMBER 2004.
Section 1604 of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 115 Stat. 1277; 42 U.S.C. 1977ff note)
is repealed.
SEC. 593. EXAMINATION OF SEXUAL ASSAULT IN THE ARMED FORCES BY THE
DEFENSE TASK FORCE ESTABLISHED TO EXAMINE SEXUAL
HARASSMENT AND VIOLENCE AT THE MILITARY SERVICE
ACADEMIES.
(a) Extension of Task Force.--(1) The task force in the Department
of Defense established by the Secretary of Defense pursuant to section
526 of the National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 117 Stat. 1466) to examine matters relating to
sexual harassment and violence at the United States Military Academy
and United States Naval Academy shall continue in existence for a
period of at least 18 months after the date as of which the task force
would otherwise be terminated pursuant to subsection (i) of that
section.
(2) Upon the completion of the functions of the task force referred
to in paragraph (1) pursuant to section 526 of the National Defense
Authorization Act for Fiscal Year 2004, the name of the task force
shall be changed to the Defense Task Force on Sexual Assault in the
Military Services, and the task force shall then carry out the
functions specified in this section. The task force shall not begin to
carry out the functions specified in this section until it has
completed its functions under such section 526.
(b) Examination of Matters Relating to Sexual Assault in the Armed
Forces.--The task force shall conduct an examination of matters
relating to sexual assault in cases in which members of the Armed
Forces are either victims or commit acts of sexual assault.
(c) Recommendations.--The Task Force shall include in its report
under subsection (e) recommendations of ways by which civilian
officials within the Department of Defense and leadership within the
Armed Forces may more effectively address matters relating to sexual
assault. That report shall include an assessment of, and
recommendations (including any recommendations for changes in law) for
measures to improve, with respect to sexual assault, the following:
(1) Victim care and advocacy programs.
(2) Effective prevention.
(3) Collaboration among military investigative
organizations with responsibility or jurisdiction.
(4) Coordination between military and civilian communities,
including local support organizations.
(5) Reporting procedures, data collection, and tracking.
(6) Oversight of sexual assault programs.
(7) Military justice issues.
(8) Other issues identified by the task force relating to
sexual assault.
(d) Methodology.--In carrying out its examination under subsection
(b) and in formulating its recommendations under subsection (c), the
task force shall consider the findings and recommendations of previous
reviews and investigations of sexual assault conducted by the
Department of Defense and the Armed Forces.
(e) Report.--(1) Not later than one year after the initiation of
its examination under subsection (b), the task force shall submit to
the Secretary of Defense and the Secretaries of the Army, Navy, and Air
Force a report on the activities of the task force and on the
activities of the Department of Defense and the Armed Forces to respond
to sexual assault.
(2) The report shall include the following:
(A) A description of any barrier to implementation of
improvements as a result of previous efforts to address sexual
assault.
(B) Other areas of concern not previously addressed in
prior reports
(C) The findings and conclusions of the task force.
(D) Any recommendations for changes to policy and law that
the task force considers appropriate.
(3) Within 90 days after receipt of the report under paragraph (1),
the Secretary of Defense shall submit the report, together with the
Secretary's evaluation of the report, to the Committees on Armed
Services of the Senate and House of Representatives.
(f) Termination.--The task force shall terminate 90 days after the
date on which the report of the task force is submitted to the
Committees on Armed Services of the Senate and House of Representatives
pursuant to subsection (e)(3).
SEC. 594. RENEWAL OF PILOT PROGRAM FOR TREATING GED AND HOME SCHOOL
DIPLOMA RECIPIENTS AS HIGH SCHOOL GRADUATES FOR
DETERMINATIONS OF ELIGIBILITY FOR ENLISTMENT.
Section 571(e) of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (10 U.S.C. 520 note) is amended to read as
follows:
``(e) Duration of Pilot Program.--The pilot program shall be in
effect during the period beginning on October 1, 2004, and ending on
September 30, 2005.''.
SEC. 595. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) Continuation of Department of Defense Program for Fiscal Year
2005.--Of the amount authorized to be appropriated pursuant to section
301(5) for operation and maintenance for Defense-wide activities,
$50,000,000 shall be available only for the purpose of providing
educational agencies assistance to local educational agencies.
(b) Notification.--Not later than June 30, 2005, the Secretary of
Defense shall notify each local educational agency that is eligible for
educational agencies assistance for fiscal year 2005 of--
(1) that agency's eligibility for the assistance; and
(2) the amount of the assistance for which that agency is
eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall disburse
funds made available under subsection (a) not later than 30 days after
the date on which notification to the eligible local educational
agencies is provided pursuant to subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 20 U.S.C. 7703 note).
(2) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 596. SENIOR RESERVE OFFICER TRAINING CORPS AND RECRUITER ACCESS AT
INSTITUTIONS OF HIGHER EDUCATION.
(a) Certification of Compliance With ROTC Access Provisions.--
Subsection (a) of section 983 of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' before ``No funds'';
(2) by striking ``prevents--'' and inserting ``prevents,
either (or both) of the following:'';
(3) by striking ``(1) the'' and inserting ``(A) The'';
(4) by striking ``; or'' and inserting a period;
(5) by striking ``(2) a'' and inserting ``(B) A''; and
(6) by adding at the end the following:
``(2)(A) Not later than 180 days after the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2005 and
annually thereafter, the Secretary of Defense shall request from each
institution of higher education that has students participating in a
Senior Reserve Officer Training Corps program during the then-current
academic year of that institution a certification that such
institution, during the next academic year of the institution, will--
``(i) permit the Secretary of each military department to
maintain a unit of the Senior Officer Training Corps (in
accordance with subsection (a)) at that institution (or any
subelement of that institution), should such Secretary elect to
maintain such a unit; and
``(ii) if the Secretary of the military department
concerned elects not to establish or maintain a unit of the
Senior Reserve Officer Training Corps at that institution,
permit a student of that institution (or any subelement of that
institution) to enroll in a unit of the Senior Reserve Officer
Training Corps at another institution of higher education.
``(B) Any certification under subparagraph (A) shall be made by the
president of the institution (or equivalent highest ranking
administrative official) and shall be submitted to the Secretary of
Defense no later than 90 days after receipt of the request from the
Secretary.
``(C) In the case of any institution from which a certification is
requested under subparagraph (A), if the Secretary of Defense does not
receive a certification in accordance with subparagraph (B), or if the
certification does not state that the university will comply with both
clauses (i) and (ii) of subparagraph (A) during its next academic year,
the Secretary shall make a determination under paragraph (1) as to
whether the institution has a policy or practice described in that
paragraph.''.
(b) Equal Treatment of Military Recruiters With Other Recruiters.--
Subsection (b)(1) of such section is amended--
(1) by striking ``entry to campuses'' and inserting
``access to campuses''; and
(2) by inserting before the semicolon at the end the
following: ``in a manner that is at least equal in quality and
scope to the access to campuses and to students that is
provided to any other employer''.
(c) Prohibition of Funding for Post-secondary Schools That Prevent
ROTC Access or Military Recruiting.--(1) Subsection (d) of such section
is amended--
(A) in paragraph (1)--
(i) by striking ``limitation established in
subsection (a) applies'' and inserting ``limitations
established in subsections (a) and (b) apply'';
(ii) in subparagraph (B), by inserting ``for any
department or agency for which regular appropriations
are made'' after ``made available''; and
(iii) by adding at the end the following new
subparagraphs:
``(C) Any funds made available for the Department of
Homeland Security.
``(D) Any funds made available for the National Nuclear
Security Administration of the Department of Energy.
``(E) Any funds made available for the Department of
Transportation.
``(F) Any funds made available for the Central Intelligence
Agency.''; and
(B) by striking paragraph (2).
(2)(A) Subsection (b) of such section is amended by striking
``subsection (d)(2)'' and inserting ``subsection (d)(1)''.
(B) Subsection (e) of such section is amended by inserting ``, to
the head of each other department and agency the funds of which are
subject to the determination,'' after ``Secretary of Education''.
(d) Codification and Extension of Exclusion Of Amounts to Cover
Individual Payments.--Subsection (d) of such section, as amended by
subsection (c)(1), is further amended--
(1) by striking ``The'' after ``(1)'' and inserting
``Except as provided in paragraph (2), the''; and
(2) by adding at the end the following new paragraph:
``(2) Any Federal funding specified in paragraph (1) that is
provided to an institution of higher education, or to an individual, to
be available solely for student financial assistance, related
administrative costs, or costs associated with attendance, may be used
for the purpose for which the funding is provided.''.
(e) Conforming Amendments.--Subsections (a) and (b) of such section
are amended by striking ``(including a grant of funds to be available
for student aid)''.
(f) Conforming Repeal of Codified Provision.--Section 8120 of the
Department of Defense Appropriations Act, 2000 (Public Law 106-79; 10
U.S.C. 983 note), is repealed
(g) Effective Date.--The amendments made by this section shall
apply with respect to funds appropriated for fiscal year 2005 and
thereafter.
SEC. 597. REPORTS ON TRANSFORMATION MILESTONES.
(a) Military to Civilian Conversions.--Not later than January 31,
2005, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report providing
information as to the number of positions in the Department of Defense
converted during the previous fiscal year from performance by military
personnel to performance by civilian personnel. The report shall
include--
(1) a description of the skill set of the positions
converted;
(2) specification of the total cost of such conversions and
how that cost is being paid for; and
(3) the number of positions in the Department of Defense
projected for such conversion during the period from March 1,
2005, to January 31, 2006.
(b) Civilian Skills Corps Feasibility Study.--(1) The Secretary of
Defense shall conduct an Armed Forces-wide study of how a system to
embed certain civilian expertise skill sets within the military on a
temporary basis could be implemented. The study shall include
consideration of all skills sets in which, as determined by the
Secretary of Defense, there is a significant shortfall within the Armed
Forces or which are high value, but of uncertain need. The study shall
examine the feasibility of implementing a personnel system that expands
the capability of the Armed Forces to rapidly access civilian
volunteers with needed expertise outside of the reserve components.
(2) The Secretary shall submit to the congressional defense
committees a report on the results of the study under paragraph (1) not
later than March 31, 2005.
(c) Military-to-Military Conversions.--Not later than March 31 of
each of 2005, 2006, and 2007, the Secretary of Defense shall submit to
the congressional defense committees a report on the milestones within
the multiyear transformation for internal military-to-military
transitions. Each such report shall include--
(1) the number of units and personnel transferred and
retrained within the previous fiscal year and what their new
unit designations are; and
(2) a description of the transformation goals for the
upcoming fiscal year and whether the previous years goals were
met and why or why not.
(d) Transformation to Brigade Structure for the Army.--No later
than March 31 of each year, the Secretary of Defense shall submit to
the congressional defense committees a report on the status of the
internal transformation of the Army from a division-orientated system
to a brigade-orientated one. Such a report shall be submitted for each
year until the Secretary of the Army certifies to those committees that
the transformation of the Army to brigade level units has been
completed.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SECTION 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2005.
(a) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during fiscal year 2005 required by section 1009 of title 37,
United States Code, in the rates of monthly basic pay authorized
members of the uniformed services shall not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2005, the rates
of monthly basic pay for members of the uniformed services are
increased by 3.5 percent.
SEC. 602. AUTHORITY TO PROVIDE FAMILY SEPARATION BASIC ALLOWANCE FOR
HOUSING.
Section 403(d) of title 37, United States Code, is amended--
(1) in paragraph (1), by striking ``is entitled to'' and
inserting ``may be paid''; and
(2) in paragraph (4), by striking the first sentence and
inserting the following new sentence: ``A family separation
basic allowance for housing paid to a member under this
subsection is in addition to any other allowance or per diem
that the member receives under this title.''
SEC. 603. GEOGRAPHIC BASIS FOR BASIC ALLOWANCE FOR HOUSING DURING SHORT
CHANGES OF STATION FOR PROFESSIONAL MILITARY EDUCATION OR
TRAINING.
Section 403(d)(3) of title 37, United States Code, is amended by
adding at the end the following new subparagraph:
``(C) If the member is reassigned for a permanent change of
station or permanent change of assignment from a duty station
in the continental United States to another duty station in the
continental United States for a period of not more than one
year for the purpose of participating in professional military
education or training classes, the Secretary concerned may base
the amount of the basic allowance for housing for the member on
the duty station to which the member is reassigned or the area
in which the dependents reside, whichever the Secretary
concerned determines to be most equitable.''.
SEC. 604. IMMEDIATE LUMP-SUM REIMBURSEMENT FOR UNUSUAL NONRECURRING
EXPENSES INCURRED BY MEMBERS SERVING OUTSIDE CONTINENTAL
UNITED STATES.
(a) Eligibility for Reimbursement.--Section 405 of title 37, United
States Code, is amended by adding at the end the following new
subsection:
``(d) Lump-Sum Reimbursement for Nonrecurring Expenses.--In
addition to providing a per diem under this section, the Secretary
concerned may reimburse a member for actual expenses of a nonrecurring
nature that the member incurs incident to serving on duty outside of
the continental United States. The types of expenses for which
reimbursement may be provided under this paragraph shall be limited to
those expenses directly related to the conditions or location of the
duty outside of the continental United States and either of a nature or
a magnitude not normally incurred by members assigned to duty inside
the continental United States. In determining the per diem to be paid
under this section, the Secretary concerned shall not consider expenses
for which reimbursement is provided under this paragraph.''.
(b) Use of Defined Term Continental United States.--(1) Subsection
(a) of such section is amended by striking ``outside of the United
States or in Hawaii or Alaska'' and inserting ``outside of the
continental United States''.
(2) The heading of such section is amended to read as follows:
``Sec. 405. Travel and transportation allowances: per diem while on
duty outside the continental United States''.
(3) The table of sections at the beginning of chapter 7 of such
title is amended by striking the item relating to section 405 and
inserting the following new item:
``405. Travel and transportation allowances: per diem while on duty
outside the continental United States.''.
SEC. 605. INCOME REPLACEMENT PAYMENTS FOR RESERVES EXPERIENCING
EXTENDED AND FREQUENT MOBILIZATION FOR ACTIVE DUTY
SERVICE.
(a) In General.--(1) Chapter 19 of title 37, United States Code, is
amended by adding at the end the following new section:
``Sec. 910. Replacement of lost income: involuntarily mobilized reserve
component members subject to extended and frequent active
duty service
``(a) Payment Required.--The Secretary concerned shall pay to an
eligible member of a reserve component of the armed forces an amount
equal to the monthly active-duty income differential of the member, as
determined by the Secretary. The payments shall be made on a monthly
basis.
``(b) Eligibility.--Subject to subsection (c), a reserve component
member is entitled to a payment under this section for any full month
of active duty of the member, while on active duty under an involuntary
mobilization order, following the date on which the member--
``(1) completes 12 continuous months of service on active
duty under such an order;
``(2) completes 18 months on active duty during the
previous 60 months under such an order; or
``(3) is involuntarily mobilized for service on active duty
six months or less following the member's separation from the
member's previous period of active duty.
``(c) Minimum and Maximum Payment Amounts.--(1) A payment under
this section shall be made to a member for a month only if the amount
of the monthly active-duty income differential for the month is greater
than $50.
``(2) Notwithstanding the amount determined under subsection (d)
for a member for a month, the monthly payment to a member under this
section may not exceed $3,000.
``(d) Monthly Active-Duty Income Differential.--For purposes of
this section, the monthly active-duty income differential of a member
is the difference between--
``(1) the average monthly civilian income of the member;
and
``(2) the member's total monthly military compensation.
``(e) Definitions.--In this section:
``(1) The term `average monthly civilian income', with
respect to a member of a reserve component, means the amount,
determined by the Secretary concerned, of the earned income of
the member for either the 12 months preceding the member's
mobilization or the 12 months covered by the member's most
recent Federal income tax filing, divided by 12.
``(2) The term `total monthly military compensation' means
the amount, computed on a monthly basis, of the sum of--
``(A) the amount of the regular military
compensation (RMC) of the member; and
``(B) any amount of special pay or incentive pay
and any allowance (other than an allowance included in
regular military compensation) that is paid to the
member on a monthly basis.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``910. Replacement of lost income: involuntarily mobilized reserve
component members subject to extended and
frequent active duty service.''.
(b) Effective Date.--Section 910 of title 37, United States Code,
as added by subsection (a), shall apply for months after December 2004.
SEC. 606. AUTHORITY FOR CERTAIN MEMBERS DEPLOYED IN COMBAT ZONES TO
RECEIVE LIMITED ADVANCES ON THEIR FUTURE BASIC PAY.
(a) Advancement of Basic Pay.--(1) Chapter 3 of title 37, United
States Code, is amended by adding at the end the following new section:
``Sec. 212. Advancement of basic pay: members deployed in combat zones
for more than one year
``(a) Eligibility; Amount Advanced.--(1) If a member of the armed
forces is assigned to duty in an area for which special pay under
section 310 of this title is available and the assignment is pursuant
to orders specifying an assignment of one year or more (or the
assignment is otherwise extended beyond one year), the member may
request, during the period of the assignment, the advanced payment of
not more than three months of the basic pay of the member.
``(2) A request by a member described in paragraph (1) for the
advanced payment of a single month of basic pay shall be granted. The
Secretary concerned may grant a request for a second or third month of
advanced basic pay during the assignment for the member upon a showing
of financial hardship.
``(b) Recoupment of Advanced Pay.--The Secretary concerned shall
recoup an advance made on the basic pay of a member under this section
in equal installments over a one-year period beginning as provided in
subsection (c). If the member is serving on active duty for any month
during the recoupment period, the amount of the installment for the
month shall be deducted from the basic pay of the member for that
month. The estate of a deceased member shall not be required to repay
an advance made to the member under this section.
``(c) Commencement of Recoupment.--(1) Except as provided in
paragraph (2), the recoupment of basic pay advanced to a member under
this section shall commence beginning with the first month that begins
after the end of the assignment of the member to duty in an area for
which special pay under section 310 of this title is available
``(2) A member of a reserve component who receives an advancement
of basic pay under this section shall commence repayment of the advance
beginning with the first month that begins after the the advanced pay
is received.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``212. Advancement of basic pay: members deployed in combat zones for
more than one year.''.
(b) Effective Date.--Section 212 of title 37, United States Code,
as added by subsection (a), shall take effect October 1, 2004.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF BONUS AND SPECIAL PAY AUTHORITIES.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking ``December 31,
2004'' and inserting ``December 31, 2005''.
(b) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of such title is
amended by striking ``January 1, 2005'' and inserting ``January 1,
2006''.
(c) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2005''.
(d) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
such title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(e) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December 31, 2004''
and inserting ``December 31, 2005''.
(f) Accession Bonus for Dental Officers.--Section 302h(a)(1) of
such title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(g) Accession Bonus for Pharmacy Officers.--Section 302j(a) of such
title is amended by striking ``the date of the enactment of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 and
ending on September 30, 2004'' and inserting ``October 30, 2000, and
ending on December 31, 2005''.
(h) Reenlistment Bonus for Active and Reserve Members.--Section
308(g) of such title is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2005''.
(i) Enlistment Bonus for Active and Reserve Members.--Section
309(e) of such title is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2005''.
(j) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(e) of such title is amended by striking
``December 31, 2004'' and inserting ``December 31, 2005''.
(k) Nuclear Career Accession Bonus.--Section 312b(c) of such title
is amended by striking ``December 31, 2004'' and inserting ``December
31, 2005''.
(l) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(m) Retention Bonus for Members Who Have Critical Military Skills
or Meet Other Criteria.--Section 323(i) of such title is amended by
striking ``December 31, 2004'' and inserting ``December 31, 2005''.
(n) Accession or Affiliation Bonus for New Officers in Critical
Skills.--Section 324(g) of such title is amended by striking ``December
31, 2004'' and inserting ``December 31, 2005''.
SEC. 612. REDUCTION IN REQUIRED SERVICE COMMITMENT TO RECEIVE ACCESSION
BONUS FOR REGISTERED NURSES.
(a) Reduction.--Section 302d(a)(1) of title 37, United States Code,
is amended by striking ``four years'' and inserting ``three years''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect October 1, 2004, and apply with respect to written
agreements referred to in section 302d(a)(1) of title 37, United States
Code, entered into on or after that date.
SEC. 613. INCREASE IN MAXIMUM MONTHLY RATE AUTHORIZED FOR HARDSHIP DUTY
PAY.
(a) Increase.--Section 305(a) of title 37, United States Code, is
amended by striking ``$300'' and inserting ``$750''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect October 1, 2004.
SEC. 614. TERMINATION OF ASSIGNMENT INCENTIVE PAY FOR MEMBERS PLACED ON
TERMINAL LEAVE.
(a) Termination.--Subsection (e) of section 307a of title 37,
United States Code, is amended to read as follows:
``(e) Status not Affected by Temporary Duty or Leave.--The service
of a member in an assignment referred to in subsection (a) shall not be
considered discontinued during any period that the member is not
performing service in the assignment by reason of --
``(1) the performance by the member of temporary duty
pursuant to orders; or
``(2) the absence of the member for authorized leave,
unless the member is placed on terminal leave and will not be
returning to the assignment.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to agreements under section 307a(b) of title 37,
United States Code, entered into on or after the date of the enactment
of this Act.
SEC. 615. CONSOLIDATION OF REENLISTMENT AND ENLISTMENT BONUS
AUTHORITIES FOR REGULAR AND RESERVE COMPONENTS.
(a) Consolidated Reenlistment Bonus Authority; Eligibility
Criteria.--(1) Paragraph (1) of subsection (a) of section 308 of title
37, United States Code, is amended--
(A) by striking the matter preceding subparagraph (A) and
inserting ``The Secretary concerned may pay a bonus under
paragraph (2) to a member of the armed forces serving in a
regular component or reserve component of the armed force if
the member--'';
(B) by striking subparagraph (A) and inserting the
following new subparagraph:
``(A) has completed at least 17 months of service in a
regular or reserve component of the armed forces, but not more
than 18 years of total military service;''; and
(C) by striking subparagraph (D) and all that follows
through the period at the end of such paragraph and inserting
the following:
``(D) reenlists or voluntarily extends the member's
enlistment for a period of at least three years in a regular
component or reserve component of the armed forces.''.
(2) Paragraph (3) of such subsection is amended by striking ``16
years'' and inserting ``20 years''.
(3) Paragraph (5) of such subsection is amended to read as follows:
``(5) The Secretary of Defense, and the Secretary of Homeland
Security with respect to the Coast Guard when it is not operating as a
service in the Navy, may waive all or part of the eligibility
requirements specified in paragraph (1) in time of war or national
emergency.''.
(4) Subsection (b) of such section is amended--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following new paragraph:
``(2) Notwithstanding the schedule established for making partial
bonus payments under paragraph (1), a member of a reserve component
entitled to a bonus under this section who is called or ordered to
active duty shall be paid, during that period of active duty, any
amount of the bonus that becomes payable to the member during that
period of active duty.''.
(5) Subsection (g) of such section is amended by striking ``an
active-duty reenlistment'' and inserting ``a reenlistment''.
(b) Consolidated Enlistment Bonus Authority.--Section 309(a) of
such title is amended--
(1) by striking the first sentence and inserting the
following: ``(1) The Secretary concerned may pay a bonus this
section to a person who enlists in a regular component or
reserve component of the armed forces for a period of at least
two years.''; and
(2) by inserting after the first sentence, as so amended,
the following new paragraph:
``(2) The amount of a bonus under this section may not exceed
$20,000.''.
(c) Repeal of Separate Reenlistment and Enlistment Bonus Authority
for Reserve Components.--(1) Sections 308b, 308c, 308g, 308h, and 308i
of such title are repealed.
(2) The table of sections at the beginning of chapter 5 of such
title is amended by striking the items relating to sections 308b, 308c,
308h, and 308i.
(d) Effective Date.----(1) Except as provided by paragraphs (2) and
(3), the amendments made by this section shall take effect October 1,
2004, and the amendments made by subsections (a) and (b) shall apply to
reenlistments, the voluntary extension of enlistments, and enlistments
referred to in section 308(a)(1) or 309(a) of title 37, United States
Code, entered into on or after that date.
(2) The amendments made by subsection (c) shall take effect
December 31, 2004, except that the repeal of section 308g of title 37,
United States Code, shall take effect on the date of the enactment of
this Act.
(3) In the case of a member of the Armed Forces who, on or before
December 31, 2004, reenlisted, voluntarily extended the enlistment of
the member, or enlisted in a reserve component of the Armed Forces,
section 308b, 308c, 308h, or 308i of title 37, United States Code,
whichever applies to the member, and as in effect on December 31, 2004,
shall continue to apply with respect to the payment of a bonus under
such section to the member.
(e) Limitation on Fiscal Year 2005 Obligations.--During fiscal year
2005, obligations incurred under sections 308 and 309 of title 37,
United States Code, to provide reenlistment and enlistment bonuses to
members of the uniformed services using the expanded authority provided
by the amendments made by subsections (a) and (b) may not exceed
$20,000,000. The bonus authority available under such sections shall
not be considered to be an expanded authority to the extent that the
authority was available under a provision of law specified in
subsection (c), before the repeal of the provision by such subsection.
SEC. 616. REVISION OF AUTHORITY TO PROVIDE FOREIGN LANGUAGE PROFICIENCY
PAY.
(a) In General.--(1) Section 316 of title 37, United States Code,
is amended to read as follows:
``Sec. 316. Special pay: bonus for members with foreign language
proficiency
``(a) Bonus Authorized.--The Secretary concerned may pay an annual
bonus under this section to a member of the uniformed services who--
``(1) is qualified in a uniformed services specialty
requiring proficiency in a foreign language identified by the
Secretary concerned as a foreign language in which it is
necessary to have personnel proficient because of national
defense or public health considerations;
``(2) received training, under regulations prescribed by
the Secretary concerned, designed to develop a proficiency in
such a foreign language;
``(3) is assigned to duties requiring a proficiency in such
a foreign language; or
``(4) is proficient in a foreign language for which the
uniformed service may have a critical need, as determined by
the Secretary concerned.
``(b) Certification of Proficiency.--Except as provided in
subsection (e), for a member described in subsection (a) to be eligible
to receive or retain a bonus under this section, the Secretary
concerned shall certify the member as being proficient in the foreign
language for which bonus is offered.
``(c) Duration of Certification.--Except as provided in subsection
(e), the certification of a member as being proficient in a foreign
language for purposes of receipt of a bonus under this section shall
expire at the end of the 12-month period beginning on the first day of
the first month beginning on or after the certification date.
``(d) Bonus Amount; Payment Method.--The maximum amount of the
bonus paid under this section to a member may not exceed $12,000 for
the 12-month period covered by the certification of the member. The
Secretary concerned may pay the bonus in a single lump sum at the
beginning of the certification period or in installments.
``(e) Certification Interrupted by Contingency Operation.--(1) The
Secretary concerned may waive the certification requirement under
subsection (b) and pay a bonus under this section to a member described
in subsection (a) who was previously certified in a foreign language,
but whose certification expired under subsection (c), if--
``(A) the member is assigned to duty in connection with a
contingency operation; and
``(B) the Secretary concerned determines that the member is
unable to schedule or complete the certification required by
subsection (b) because of that assignment.
``(2) For purposes of determining the amount of a bonus to be paid
to a member under the authority of this subsection, the Secretary
concerned shall treat the date on which the member was assigned to duty
in connection with the contingency operation as equivalent to a
certification date. In the case of a member whose certification expires
during such duty assignment, the Secretary shall commence the next 12-
month period effective as of the date on which the prior certification
period expired.
``(3) A member who receives a bonus under the authority of this
subsection shall complete the certification required by subsection (b)
for the foreign language for which the bonus was paid not later than
the end of the 180-day period beginning on the date on which the member
is released from the assignment in connection with the contingency
operation. The Secretary concerned may extend that period for a member
in accordance with regulations prescribed under subsection (h). If the
member fails to obtain the required certification before the end of the
authorized period, the Secretary concerned may require the member to
repay all or a portion of the bonus, in the manner provided in
subsection (g).
``(f) Relationship to Other Pay or Allowance.--A bonus under this
section is in addition to any other pay or allowance payable to a
member under any other provision of law.
``(g) Repayment of Bonus.--(1) The Secretary concerned may require
a member who receives a bonus under this section, but who does not
satisfy an eligibility requirement specified in subsection (a) for the
entire certification period, to repay to the United States an amount
which bears the same ratio to the total amount of the bonus paid to the
member as the unsatisfied portion of the certification period bears to
the entire certification period.
``(2) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States. A
discharge in bankruptcy under title 11 that is entered for the member
less than five years after the expiration of the certification period
does not discharge the member from a debt arising under this paragraph.
This paragraph applies to any case commenced under title 11 after the
date of the enactment of this section.
``(h) Regulations.--This section shall be administered under
regulations prescribed by the Secretary of Defense for the armed forces
under the jurisdiction of the Secretary, by the Secretary of Homeland
Security for the Coast Guard when the Coast Guard is not operating as a
service in the Navy, by the Secretary of Health and Human Services for
the Commissioned Corps of the Public Health Service, and by the
Secretary of Commerce for the National Oceanic and Atmospheric
Administration.''.
(2) The table of sections at the beginning of chapter 5 of such
title is amended by striking the item relating to section 316 and
inserting the following new item:
``316. Special pay: bonus for members with foreign language
proficiency.''.
(b) Conforming Amendments.--(1) Section 316a of title 37, United
States Code, is repealed.
(2) The table of sections at the beginning of chapter 5 of such
title is amended by striking the item relating to section 316a.
SEC. 617. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR CRITICAL SKILLS
RETENTION BONUS AND EXPANSION OF AUTHORITY TO PROVIDE
BONUS.
(a) Inclusion of Reserve Component Members.--Section 323 of title
37, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``who is serving on active duty and'' by
inserting ``who is serving on active duty in a regular
component or in an active status in a reserve component
and who''; and
(B) in paragraph (1), by inserting ``, or remain in
an active status in a reserve component,'' after
``remain on active duty'';
(2) in subsection (e)(2), by inserting ``or service in a
reserve component'' after ``period of active duty''; and
(3) in subsection (g), by striking ``active duty'' and
inserting ``service''.
(b) Inclusion of Members Serving Pursuant to Indefinite
Reenlistment.--Subsection (a) of such section is further amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) in paragraph (2)--
(A) by inserting ``other than an enlisted member
referred to in paragraph (3),'' after ``enlisted
member,''; and
(B) by striking the period at the end and inserting
``; or''; and
(3) by adding at the end the following new paragraph:
``(3) in the case of an enlisted member serving pursuant to
an indefinite reenlistment, the member executes a written
agreement to remain on active duty, or remain in an active
status in a reserve component, for a period of at least one
year.''.
(c) Additional Criteria for Bonus.--Such section is further
amended--
(1) in subsection (a), by striking ``designated critical
military skill'' and inserting ``critical military skill
designated under subsection (b) or satisfies such other
criteria for the bonus established under such subsection'';
(2) in subsection (b)--
(A) by striking ``Designation of Critical Skills.--
'' and inserting ``Basis for Bonus.--(1)''; and
(B) by adding at the end the following new
paragraph:
``(2) The Secretary of Defense, and the Secretary of Homeland
Security with respect to the Coast Guard when it is not operating as a
service in the Navy, may establish such other criteria as the Secretary
considers appropriate under which a retention bonus will be provided to
an officer or enlisted member of the armed forces under subsection
(a).''; and
(3) in subsection (h)(1), by striking ``qualified in the
critical military skills for which the bonuses were offered''
and inserting ``who were offered the bonuses''.
(d) Repeal of Separate Special and Incentive Pay Authorities for
Reserve Components.--(1) Sections 302g, 308d, and 308e of such title
are repealed.
(2) In the case of a member of the Armed Forces who, on or before
December 31, 2004, entered into a written agreement under section 302g
or 308e of title 37, United States Code, such section 302g or 308e,
whichever applies to the member, and as in effect on December 31, 2004,
shall continue to apply after that date with respect to the payment of
special pay under such section to the member during the term of the
agreement.
(e) Clerical Amendments.--(1) The heading of section 323 of such
title is amended to read as follows:
``Sec. 323 Special pay: retention incentives for members qualified in a
critical military skill or who satisfy other eligibility
criteria''.
(2) The table of sections at the beginning of chapter 5 of such
title is amended--
(A) by striking the items relating to sections 302g, 308d,
and 308e; and
(B) by striking the item relating to section 323 and
inserting the following new item:
``323. Special pay: retention incentives for members qualified in a
critical military skill or who satisfy
other eligibility criteria.''.
(f) Effective Date.--(1) Except as provided by paragraph (2), the
amendments made by this section shall take effect October 1, 2004, and
the amendments made by subsections (a), (b), and (c) shall apply to
agreements, reenlistments, and the voluntary extension of enlistments
referred to in section 323(a) of title 37, United States Code, entered
into on or after that date.
(2) The amendments made by subsections (d)(1) and (e)(2)(A) shall
take effect December 31, 2004.
(g) Limitation on Fiscal Year 2005 Obligations.--During fiscal year
2005, obligations incurred under section 323 of title 37, United States
Code, to provide retention bonuses to members of the uniformed services
using the expanded authority provided by the amendments made by
subsections (a), (b), and (c) may not exceed $10,000,000. The bonus
authority available under such section shall not be considered to be an
expanded authority to the extent that the authority was available under
a provision of law specified in subsection (d), before the repeal of
the provision by such subsection.
SEC. 618. ELIGIBILITY OF NEW RESERVE COMPONENT OFFICERS FOR ACCESSION
OR AFFILIATION BONUS FOR OFFICERS IN CRITICAL SKILLS.
(a) Eligibility.--Subsection (a) of section 324 of title 37, United
States Code, is amended to read as follows:
``(a) Bonus Authorized.--(1) The Secretary concerned may pay a
bonus under this section--
``(A) to a person who executes a written agreement to
accept a commission or an appointment as an officer of armed
forces and serve on active duty in a designated critical
officer skill or serve in a reserve component of an armed force
in a designated critical officer skill; or
``(B) to an officer of an armed force, including a warrant
officer, but excluding an officer who has previously served in
the Selected Reserve or an officer who is entitled to retired
pay, who executes a written agreement to serve in a reserve
component of an armed force in a designated critical officer
skill after being discharged or released from active duty under
honorable conditions, once the officer affiliates with a unit
or position in the reserve component.
``(2) The written agreement under paragraph (1) between the
Secretary concerned and a person or officer shall specify the period
during which the person or officer will be required to serve in a
designated critical officer skill to maintain entitlement to the bonus
payment.''.
(b) Amount of Bonus.--Subsection (c) of such section is amended to
read as follows:
``(c) Amount of Bonus.--The Secretary concerned shall determine the
amount of a bonus to be paid under subsection (a), except that a person
may not receive a total of more than $60,000 in payments under this
section''.
(c) Conforming Amendments.--Such section is further amended--
(1) in subsection (d), by striking ``accession'' both
places it appears;
(2) in subsection (e)--
(A) in the subsection heading, by striking
``Accession''; and
(B) by striking ``an accession bonus'' and
inserting ``a bonus''; and
(3) in subsection (f), by striking ``active duty'' and
``accession'' each place it appears.
(d) Clerical Amendments.--(1) The heading of section 324 of such
title is amended to read as follows:
``Sec. 324. Special pay: accession or affiliation bonus for officers in
designated critical skills''.
(2) The table of sections at the beginning of chapter 5 of such
title is amended by striking the item relating to section 324 and
inserting the following new item:
``324. Special pay: accession or affiliation bonus for officers in
designated critical skills.''.
(e) Effective Date.--The amendments made by this section shall take
effect October 1, 2004, and apply to agreements referred to in section
324(a) of title 37, United States Code entered into on or after that
date.
(f) Limitation on Fiscal Year 2005 Obligations.--During fiscal year
2005, obligations incurred under section 324 of title 37, United States
Code, as amended by subsections (a) and (b), to provide accession and
affilliation bonuses to members of the Armed Forces not previously
eligible for such a bonus under such section may not exceed $5,000,000.
SEC. 619. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR INCENTIVE BONUS
FOR CONVERSION TO MILITARY OCCUPATIONAL SPECIALTY TO EASE
PERSONNEL SHORTAGE.
(a) Eligibility.--Section 326 of title 37, United States Code, is
amended--
(1) in subsection (a), by inserting ``of a regular or
reserve component'' after ``an eligible member'';
(2) in subsection (b)--
(A) by striking ``if--'' and all that follows
through ``at the time'' and inserting ``if, at the
time''; and
(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(3) in subsection (c)(2), by inserting ``regular or reserve
component of the'' after ``chief personnel officer of the''.
(b) Effective Date.--The amendments made by this section shall take
effect October 1, 2004, and apply to agreements referred to in section
326(a) of title 37, United States Code, entered into on or after that
date.
(c) Limitation on Fiscal Year 2005 Obligations.--During fiscal year
2005, obligations incurred under section 326 of title 37, United States
Code, as amended by subsection (a), to provide incentive bonuses to
members of a reserve component of the Armed Forces may not exceed
$3,000,000.
SEC. 620. AVAILABILITY OF HAZARDOUS DUTY INCENTIVE PAY FOR MILITARY
FIREFIGHTERS.
(a) Additional Type of Duty Entitled to Pay.--Subsection (a) of
section 301 of title 37, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (12);
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following new
paragraph:
``(13) involving regular participating as a firefighting
crew member, as determined by the Secretary concerned; or''.''.
(b) Monthly Amount of Pay.--Subsection (c) of such section is
amended--
(1) in paragraph (1), by striking ``(12)'' and inserting
``(13)''; and
(2) in paragraph (2)(A), by striking ``(13)'' and inserting
``(14)''.
(c) Effective Date.--The amendments made by subsection (a) and (b)
shall take effect October 1, 2004.
Subtitle C--Travel and Transportation Allowances
SEC. 631. EXPANSION OF TRAVEL AND TRANSPORTATION ALLOWANCES TO ASSIST
SURVIVORS OF A DECEASED MEMBER TO ATTEND BURIAL CEREMONY
OF THE MEMBER.
(a) Authorized Travel Locations.--Subsection (b) of section 411f of
title 37, United States Code, is amended to read as follows:
``(b) Authorized Locations for Travel; Duration and Rates.--(1) The
allowances under subsection (a) may be provided for travel and
transportation by eligible relatives of the deceased member to the
place selected pursuant to section 1482(a)(8) of title 10 for
disposition of the remains of the deceased member.
``(2) The allowances may not exceed the rates for two days and the
time necessary for the travel.''.
(b) Eligible Relatives.--Subsection (c)(1)(C) of such section is
amended by striking ``If no person described in subparagraph (A) or (B)
is provided travel and transportation allowances under subsection
(a)(1), the'' and inserting ``The''.
(c) Limitation on Fiscal Year 2005 Obligations.--During fiscal year
2005, obligations incurred under section 411f of title 37, United
States Code, as amended by subsections (a) and (b), to provide travel
and transportation allowances, not previously available under such
section, to survivors of deceased members of the uniformed services,
and to provide such allowances to persons not previously eligible for
such allowances, may not exceed $2,000,000.
SEC. 632. TRANSPORTATION OF FAMILY MEMBERS INCIDENT TO THE SERIOUS
ILLNESS OR INJURY OF MEMBERS OF THE UNIFORMED SERVICES.
(a) Removal of Limitation on Number of Family Members.--Subsection
(a)(1) of section 411h of title 37, United States Code, is amended by
striking ``not more than two family members'' and inserting ``a family
member''.
(b) Family Members Described.--Subsection (b)(1) of such section is
amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) other persons approved by the Secretary concerned.''.
(c) Availability of Per Diem.--Such section is further amended--
(1) in subsection (a)(1), by inserting ``travel and''
before ``transportation''; and
(2) in subsection (c)--
(A) by inserting ``(1)'' after ``(c)'' ; and
(B) by adding at the end the following new
paragraph:
``(2) In addition to the transportation authorized by subsection
(a), the Secretary concerned may provide a per diem allowance or
reimbursement for the actual and necessary expenses of the travel, or a
combination thereof, but not to exceed the rates established under
section 404(d) of this title.''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2004, and apply to transportation described in
section 411h of title 37, United States Code, provided on or after that
date.
(e) Limitation on Fiscal Year 2005 Obligations.--During fiscal year
2005, obligations incurred under section 411h of title 37, United
States Code, as amended by subsections (a) and (b), to provide travel
and transportation allowances, not previously available under such
section, to family members of seriously ill or injured members of the
uniformed services, and to provide such allowances to persons not
previously eligible for such allowances, may not exceed $3,000,000.
SEC. 633. REIMBURSEMENT OF MEMBERS FOR CERTAIN LODGING COSTS INCURRED
IN CONNECTION WITH STUDENT DEPENDENT TRAVEL.
Section 430(b) of title 37, United States Code, is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The transportation allowance paid to a member under paragraph
(1) may include reimbursement, at a rate prescribed by the Secretaries
concerned, for lodging costs incurred during the annual trip for which
the allowance is paid when, for reasons beyond the control of the
dependent child of the member, the child is required to procure
accommodations while en route between the child's school and the
member's duty station.''.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 641. COMPUTATION OF BENEFITS UNDER SURVIVOR BENEFIT PLAN FOR
SURVIVING SPOUSES OVER AGE 62.
(a) Phased Increase in Basic Annuity.--
(1) Standard annuity.--
(A) Increase to 55 percent.--Clause (i) of
subsection (a)(1)(B) of section 1451 of title 10,
United States Code, is amended by striking ``35 percent
of the base amount.'' and inserting ``the product of
the base amount and the percent applicable to the
month, as follows:
``(I) For a month before October 2005, the
applicable percent is 35 percent.
``(II) For months after September 2005 and
before April 2006, the applicable percent is 40
percent.
``(III) For months after March 2006 and
before April 2007, the applicable percent is 45
percent.
``(IV) For months after March 2007 and
before April 2008, the applicable percent is 50
percent.
``(V) For months after March 2008, the
applicable percent is 55 percent.''.
(B) Coordination with savings provision under prior
law.--Clause (ii) of such subsection is amended by
striking ``, at the time the beneficiary becomes
entitled to the annuity,''.
(2) Reserve-component annuity.--Subsection (a)(2)(B)(i)(I)
of such section is amended by striking ``35 percent'' and
inserting ``the percent specified under subsection (a)(1)(B)(i)
as being applicable for the month''.
(3) Survivors of eligible persons dying on active duty,
etc.--
(A) Increase to 55 percent.--Clause (i) of
subsection (c)(1)(B) of such section is amended--
(i) by striking ``35 percent'' and
inserting ``the applicable percent''; and
(ii) by adding at the end the following:
``The percent applicable for a month under the
preceding sentence is the percent specified
under subsection (a)(1)(B)(i) as being
applicable for that month.''.
(B) Coordination with savings provision under prior
law.--Clause (ii) of such subsection is amended by
striking ``, at the time the beneficiary becomes
entitled to the annuity,''.
(4) Clerical amendment.--The heading for subsection
(d)(2)(A) of such section is amended to read as follows:
``Computation of annuity.--''.
(b) Corresponding Phased Elimination of Supplemental Annuity.--
(1) Phased reduction of supplemental annuity.--Section
1457(b) of title 10, United States Code, is amended--
(A) by striking ``5, 10, 15, or 20 percent'' and
inserting ``the applicable percent''; and
(B) by inserting after the first sentence the
following: ``The percent used for the computation shall
be an even multiple of 5 percent and, whatever the
percent specified in the election, may not exceed 20
percent for months before October 2005, 15 percent for
months after September 2005 and before April 2006, 10
percent for months after March 2006 and before April
2007, and 5 percent for months after March 2007 and
before April 2008.''.
(2) Repeal upon implementation of 55 percent sbp annuity.--
Effective on April 1, 2008, chapter 73 of such title is
amended--
(A) by striking subchapter III; and
(B) by striking the item relating to subchapter III
in the table of subchapters at the beginning of that
chapter.
(c) Recomputation of Annuities.--
(1) Periodic recomputation required.--Effective on the
first day of each month specified in paragraph (2)--
(A) each annuity under section 1450 of title 10,
United States Code, that commenced before that month,
is computed under a provision of section 1451 of that
title amended by subsection (a), and is payable for
that month shall be recomputed so as to be equal to the
amount that would be in effect if the percent
applicable for that month under that provision, as so
amended, had been used for the initial computation of
the annuity; and
(B) each supplemental survivor annuity under
section 1457 of such title that commenced before that
month and is payable for that month shall be recomputed
so as to be equal to the amount that would be in effect
if the percent applicable for that month under that
section, as amended by this section, had been used for
the initial computation of the supplemental survivor
annuity.
(2) Time for recomputation.--The requirement under
paragraph (1) for recomputation of certain annuities applies
with respect to the following months:
(A) October 2005.
(B) April 2006.
(C) April 2007.
(D) April 2008.
(d) Recomputation of Retired Pay Reductions for Supplemental
Survivor Annuities.--The Secretary of Defense shall take such actions
as are necessitated by the amendments made by subsection (b) and the
requirements of subsection (c)(1)(B) to ensure that the reductions in
retired pay under section 1460 of title 10, United States Code, are
adjusted to achieve the objectives set forth in subsection (b) of that
section.
SEC. 642. OPEN ENROLLMENT PERIOD FOR SURVIVOR BENEFIT PLAN COMMENCING
OCTOBER 1, 2005.
(a) Persons not Currently Participating in Survivor Benefit Plan.--
(1) Election of sbp coverage.--An eligible retired or
former member may elect to participate in the Survivor Benefit
Plan under subchapter II of chapter 73 of title 10, United
States Code, during the open enrollment period specified in
subsection (f).
(2) Election of supplemental annuity coverage.--An eligible
retired or former member who elects under paragraph (1) to
participate in the Survivor Benefit Plan at the maximum level
may also elect during the open enrollment period to participate
in the Supplemental Survivor Benefit Plan established under
subchapter III of chapter 73 of title 10, United States Code.
(3) Eligible retired or former member.--For purposes of
paragraphs (1) and (2), an eligible retired or former member is
a member or former member of the uniformed services who on the
day before the first day of the open enrollment period is not a
participant in the Survivor Benefit Plan and--
(A) is entitled to retired pay; or
(B) would be entitled to retired pay under chapter
1223 of title 10, United States Code, but for the fact
that such member or former member is under 60 years of
age.
(4) Status under sbp of persons making elections.--
(A) Standard annuity.--A person making an election
under paragraph (1) by reason of eligibility under
paragraph (3)(A) shall be treated for all purposes as
providing a standard annuity under the Survivor Benefit
Plan.
(B) Reserve-component annuity.--A person making an
election under paragraph (1) by reason of eligibility
under paragraph (3)(B) shall be treated for all
purposes as providing a reserve-component annuity under
the Survivor Benefit Plan.
(b) Election to Increase Coverage Under SBP.--A person who on the
day before the first day of the open enrollment period is a participant
in the Survivor Benefit Plan but is not participating at the maximum
base amount or is providing coverage under the Plan for a dependent
child and not for the person's spouse or former spouse may, during the
open enrollment period, elect to--
(1) participate in the Plan at a higher base amount (not in
excess of the participant's retired pay); or
(2) provide annuity coverage under the Plan for the
person's spouse or former spouse at a base amount not less than
the base amount provided for the dependent child.
(c) Election for Current SBP Participants to Participate in
Supplemental SBP.--
(1) Election.--A person who is eligible to make an election
under this paragraph may elect during the open enrollment
period to participate in the Supplemental Survivor Benefit Plan
established under subchapter III of chapter 73 of title 10,
United States Code.
(2) Persons eligible.--Except as provided in paragraph (3),
a person is eligible to make an election under paragraph (1) if
on the day before the first day of the open enrollment period
the person is a participant in the Survivor Benefit Plan at the
maximum level, or during the open enrollment period the person
increases the level of such participation to the maximum level
under subsection (b) of this section, and under that Plan is
providing annuity coverage for the person's spouse or a former
spouse.
(3) Limitation on eligibility for certain sbp participants
not affected by two-tier annuity computation.--A person is not
eligible to make an election under paragraph (1) if (as
determined by the Secretary concerned) the annuity of a spouse
or former spouse beneficiary of that person under the Survivor
Benefit Plan will be computed under section 1451(e) of title
10, United States Code. However, such a person may during the
open enrollment period waive the right to have that annuity
computed under such section. Any such election is irrevocable.
A person making such a waiver may make an election under
paragraph (1) as in the case of any other participant in the
Survivor Benefit Plan.
(d) Manner of Making Elections.--An election under this section
must be made in writing, signed by the person making the election, and
received by the Secretary concerned before the end of the open
enrollment period. Any such election shall be made subject to the same
conditions, and with the same opportunities for designation of
beneficiaries and specification of base amount, that apply under the
Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the
case may be. A person making an election under subsection (a) to
provide a reserve-component annuity shall make a designation described
in section 1448(e) of title 10, United States Code.
(e) Effective Date for Elections.--Any such election shall be
effective as of the first day of the first calendar month following the
month in which the election is received by the Secretary concerned.
(f) Open Enrollment Period Defined.--The open enrollment period is
the two-year period beginning on October 1, 2005.
(g) Effect of Death of Person Making Election Within Two Years of
Making Election.--If a person making an election under this section
dies before the end of the two-year period beginning on the effective
date of the election, the election is void and the amount of any
reduction in retired pay of the person that is attributable to the
election shall be paid in a lump sum to the person who would have been
the deceased person's beneficiary under the voided election if the
deceased person had died after the end of such two-year period.
(h) Applicability of Certain Provisions of Law.--The provisions of
sections 1449, 1453, and 1454 of title 10, United States Code, are
applicable to a person making an election, and to an election, under
this section in the same manner as if the election were made under the
Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the
case may be.
(i) Additional Premium.--The Secretary of Defense may require that
the premium for a person making an election under subsection (a)(1) or
(b) include, in addition to the amount required under section 1452(a)
of title 10, United States Code, an amount determined under regulations
prescribed by the Secretary of Defense for the purposes of this
subsection. Any such amount shall be stated as a percentage of the base
amount of the person making the election and shall reflect the number
of years that have elapsed since the person retired, but may not exceed
4.5 percent of that person's base amount.
(j) Report Concerning Open Season.--Not later than July 1, 2005,
the Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives a report on the open season authorized by this
section for the Survivor Benefit Plan. The report shall include the
following:
(1) A description of the Secretary's plans for
implementation of the open season.
(2) The Secretary's estimates of the costs associated with
the open season, including any anticipated effect of the open
season on the actuarial status of the Department of Defense
Military Retirement Fund.
(3) Any recommendation by the Secretary for further
legislative action.
SEC. 643. SOURCE OF FUNDS FOR SURVIVOR BENEFIT PLAN ANNUITIES FOR
DEPARTMENT OF DEFENSE BENEFICIARIES OVER AGE 62.
(a) In General.--Chapter 74 of title 10, United States Code, is
amended as follows:
(1) Section 1465(b) of such title is amended by adding at
the end the following new paragraph:
``(4) At the same time that the Secretary of Defense makes the
determination required by paragraph (1) for any fiscal year, the
Secretary shall determine the amount of the Treasury contribution to be
made to the Fund for the next fiscal year under section 1466(b)(2)(E)
of this title. That amount shall be determined in the same manner as
the determination under paragraph (1) of the total amount of Department
of Defense contributions to be made to the Fund during that fiscal year
under section 1466(a) of this title, except that for purposes of this
paragraph the Secretary, in making the calculations required by
subparagraphs (A) and (B) of that paragraph, shall use the single level
percentages determined under subsection (c)(5), rather than those
determined under subsection (c)(1).''.
(4) Section 1465(c) of such title is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting
before the semicolon at the end the following:
``and as if benefits under subchpater II of
chapter 73 of this title for beneficiaries 62
years of age and older were computed for any
fiscal year on the basis of the percentage of
35 percent, rather than any percentage
otherwise applicable for that computation for
that fiscal year''; and
(ii) in subparagraph (B), by inserting
before the period at the end the following:
``and as if benefits under subchapter II of
chapter 73 of this title for beneficiaries 62
years of age and older were computed for any
fiscal year on the basis of the percentage of
35 percent, rather than any percentage
otherwise applicable for that computation for
that fiscal year'';
(B) by redesignating paragraph (5) as paragraph
(6); and
(C) by inserting after paragraph (4) the following
new paragraph (5):
``(5) Whenever the Secretary carries out an actuarial valuation
under paragraph (1), the Secretary shall include as part of such
valuation the following:
``(A) A determination of a single level percentage
determined in the same manner as applies under subparagraph (A)
of paragraph (1), but determined as if benefits under
subchapter II of chapter 73 of this title for beneficiaries 62
years of age and older were computed for any fiscal year on the
basis of the percentage of 35 percent, rather than any
percentage otherwise applicable for that computation for that
fiscal year.
``(B) A determination of a single level percentage
determined in the same manner as applies under subparagraph (B)
of paragraph (1), but determined as if benefits under
subchapter II of chapter 73 of this title for beneficiaries 62
years of age and older were computed for any fiscal year on the
basis of the percentage of 35 percent, rather than any
percentage otherwise applicable for that computation for that
fiscal year.
Such single level percentages shall be used for the purposes of
subsection (b)(4).''.
(5) Section 1466(b) of such title is amended--
(A) in paragraph (1), by inserting ``1465(b)(4),''
after ``1465(b)(3),''; and
(B) by adding at the end of paragraph (2) the
following new subparagraph:
``(E) The amount for that year determined by the Secretary
of Defense under section 1465(b)(4) of this title for the cost
to the Fund arising from increased amounts payable from the
Fund by reason of benefits under subchapter II of chapter 73 of
this title for beneficiaries 62 years of age and older being
computed for any fiscal year on the basis of the percentage
greater than 35 percent.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as of October 1, 2004. If this Act is enacted after that
date, the Secretary of Defense shall provide for such administrative
adjustments as necessary to provide for payments made for any period
during fiscal year 2005 before the date of the enactment of this Act to
be treated as having been made in accordance with such amendments and
for the provisions of those amendments to be implemented as if enacted
as of September 30, 2004.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits
SEC. 651. CONSOLIDATION AND REORGANIZATION OF LEGISLATIVE PROVISIONS
REGARDING DEFENSE COMMISSARY SYSTEM AND EXCHANGES AND
OTHER MORALE, WELFARE, AND RECREATION ACTIVITIES.
(a) Provisions Related to Commissary Stores.--Chapter 147 of title
10, United States Code, is amended--
(1) by striking the table of sections at the beginning of
the chapter and sections 2481, 2483, 2485, and 2487;
(2) by redesignating sections 2482, 2484, and 2486 as
sections 2485, 2483 and 2484, respectively;
(3) by inserting after the chapter heading the following:
``Subchapter Sec.
``I. Defense Commissary System.............................. 2481
``II. Relationship, Continuation, and Common Policies of 2487
Defense Commissary and Exchange
Systems.
``III. Morale, Welfare, and Recreation Programs and 2491
Nonappropriated Fund
Instrumentalities.
``SUBCHAPTER I--DEFENSE COMMISSARY SYSTEM
``Sec.
``2481. Existence and purpose of defense commissary system.
``2482. Commissary stores: criteria for establishment or closure; store
size.
``2483. Commissary stores: use of appropriated funds to cover operating
expenses.
``2484. Commissary stores: merchandise that may be sold; uniform
surcharges and pricing.
``2485. Commissary stores: operation.
``Sec. 2481. Existence and purpose of defense commissary system
``(a) Existence of System.--The Secretary of the Defense shall
operate, using funds appropriated to the Department of Defense, a
world-wide system of commissary stores that sell, at reduced prices,
food and other merchandise consistent with societal norms for product
selection in commercial large-scale grocery stores in the United States
to members of the uniformed services on active duty, members of the
uniformed services entitled to retired pay, dependents of such members,
and patrons authorized to use the system under chapter 54 of this
title.
``(b) Purpose of System.--The purpose of the defense commissary
system is to enhance the quality of life of members of the uniformed
services, retired members, dependents of such members, and other
authorized patrons and to provide such members with an additional
nonmonetary compensation in recognition of their service to the United
States.
``(c) Reduces Prices Defined.--In this section, the term `reduced
prices' means prices for food and other merchandise determined using
the price setting process specified in section 2484 of this title.
``Sec. 2482. Commissary stores: criteria for establishment or closure;
store size
``(a) Primary Consideration for Establishment.--The needs of
members of the uniformed services on active duty and their dependents
shall be the primary consideration whenever the Secretary of Defense--
``(1) assesses the need to establish a commissary store;
and
``(2) selects the actual location for the store.
``(b) Store Size.--In determining the size of a commissary store,
the Secretary of Defense shall take into consideration the number of
all authorized patrons of the defense commissary system who are likely
to use the store.
``(c) Closure Considerations.--(1) Whenever assessing whether to
close a commissary store, the effect of the closure on the quality of
life of members of the uniformed services and their dependents using
the store and on the welfare and security of the military community in
which the commissary is located shall be the primary consideration. In
all cases, the quality of life for military patrons shall take priority
over any consideration of economic criteria relative to store financial
performance.
``(2) The Secretary of Defense shall give the quality of life for
members of a reserve component the same priority as the quality of life
for active duty members whenever assessing whether to close a
commissary store, including when the assessment is undertaken as a
result of the closure or realignment of a military installation under a
base closure law.
``(d) Congressional Notification.--The closure of a commissary
store shall not take effect until the end of the 90-day period
beginning on the date on which the Secretary of Defense submits to
Congress written notice of the reasons supporting the closure. The
written notice shall include an assessment of the impact closure will
have on the quality of life for military patrons and the welfare and
security of the military community in which the commissary is
located.'';
(4) by inserting sections 2483 and 2484, as redesignated by
paragraph (2), after section 2482, as added by paragraph (3);
(5) in section 2484, as redesignated by paragraph (2)--
(A) by striking subsections (a), (b), (c), and (g);
(B) by redesignating subsections (d), (e), and (f)
as subsections (f), (g), and (h), respectively;
(C) by inserting before subsection (f), as so
redesignated, the following new subsections:
``(a) In General.--As provided in section 2481(a) of this title,
commissary stores are intended to be similar to commercial grocery
stores and may sell merchandise similar to that sold in commercial
grocery stores. The Secretary of Defense shall ensure that the design
and format of commissary stores are consistent with modern grocery
store stockage and format.
``(b) Required Commissary Merchandise Categories.--Merchandise sold
in, at, or by commissary stores shall include items in the following
categories:
``(1) Meat, poultry, and seafood.
``(2) Nonalcoholic beverages.
``(3) Produce.
``(4) Grocery food, whether stored chilled, frozen, or at
room temperature.
``(5) Dairy products.
``(6) Bakery and delicatessen items.
``(7) Nonfood grocery items.
``(8) Health and beauty aids.
``(9) Magazines and periodicals.
``(10) Telephone cards, greeting cards, and film and one-
time use cameras.
``(c) Inclusion of General Merchandise Items.--(1) Among the
various defense retail systems--
``(A) commissary stores shall be the primary Department of
Defense-operated store for the sale of items described in
paragraphs (1) through (7) of subsection (b); and
``(B) exchange stores shall continue to maintain the
exclusive right to operate convenience stores, shopettes, and
troop stores, including such stores established to support
contingency operations.
``(2) Merchandise sold in commissary stores may include such
general merchandise items as the Secretary of Defense may prescribe,
except that the Secretary may not exclude seasonal items, tobacco
products, pet supplies, batteries, potted plants and floral bouquets,
women's hosiery, and school supplies, to the extent such products have
been available in commissary stores before June 1, 2004, unless the
Secretary determines that space or other considerations preclude the
sale of all or some of the specified items. The Secretary shall provide
notice to Congress of any reduction in the availability of such items
at least 30 days before the reduction takes effect.
``(3) A military exchange may be considered as the vendor for the
purchase of tobacco products, greeting cards, and film and one-time use
cameras and shall serve as the vendor for telephone cards. Subsections
(e) and (f) shall not apply to the pricing of such an item when a
military exchange serves as the vendor of the item. Commissary store
and exchange prices shall be comparable for such an item.
``(4) During the two-year period ending March 31, 2007, the
Secretary shall maintain sales data for commissary stores and exchange
stores regarding the items identified in subsection (b)(10). Not later
than August 1, 2007, the Secretary shall submit to Congress a report
containing such sales data.
``(d) Excluded Goods or Services.--Commissary stores shall not
offer film development services.
``(e) Uniform Sales Price Surcharge.--The Secretary of Defense
shall apply a uniform surcharge equal to not more than five percent on
the sales prices established under subsection (f) for each item of
merchandise sold in, at, or by commissary stores.'';
(D) in subsection (f), as so redesignated, by
striking ``(consistent with this section and section
2685 of this title)'' in paragraph (1);
(E) in subsection (h), as so redesignated, by
striking ``Subsections (c) and (d)'' and inserting
``Subsections (e) and (f)''; and
(F) by adding at the end the following new
subsection:
``(i) Use of Surcharge for Construction, Repair, Improvement, and
Maintenance.--(1)(A) The Secretary of Defense may use the proceeds from
the surcharges imposed under subsection (e) only--
``(i) to acquire (including acquisition by lease),
construct, convert, expand, improve, repair, maintain, and
equip the physical infrastructure of commissary stores and
central product processing facilities of the defense commissary
system; and
``(ii) to cover environmental evaluation and construction
costs related to activities described in clause (i), including
costs for surveys, administration, overhead, planning, and
design.
``(B) In subparagraph (A), the term `physical infrastructure'
includes real property, utilities, and equipment (installed and free
standing and including computer equipment), necessary to provide a
complete and usable commissary store or central product processing
facility.
``(2)(A) The Secretary of Defense may authorize a nonappropriated
fund instrumentality of the United States to enter into a contract for
construction of a shopping mall or similar facility for a commissary
store and one or more nonappropriated fund instrumentality activities.
The Secretary may use the proceeds of surcharges under subsection (e)
to reimburse the nonappropriated fund instrumentality for the portion
of the cost of the contract that is attributable to construction of the
commissary store or to pay the contractor directly for that portion of
such cost.
``(B) In subparagraph (A), the term `construction', with respect to
a facility, includes acquisition, conversion, expansion, installation,
or other improvement of the facility.
``(3) The Secretary of Defense, with the approval of the Director
of the Office of Management and Budget, may obligate anticipated
proceeds from the surcharges under subsection (e) for any use specified
in paragraph (1) or (2), without regard to fiscal year limitations, if
the Secretary determines that such obligation is necessary to carry out
any use of such adjustments or surcharges specified in such paragraph.
``(4) Revenues received by the Secretary of Defense from the
following sources or activities of commissary store facilities shall be
available for the purposes set forth in paragraphs (1), (2), and (3):
``(A) Sale of recyclable materials.
``(B) Sale of excess and surplus property.
``(C) License fees.
``(D) Royalties.
``(E) Fees paid by sources of products in order to obtain
favorable display of the products for resale, known as business
related management fees.'';
(6) by inserting section 2485, as redesignated by paragraph
(2), after section 2484, as amended by paragraph (5); and
(7) in section 2485, as redesignated by paragraph (2)--
(A) in subsection (a)(2), by adding at the end the
following new sentence: ``Until December 31, 2009, the
Defense Commissary Agency is not required to conduct
any cost-comparison study under the policies and
procedures of Office of Management and Budget Circular
A-76 relating to the possible contracting out of
commissary store functions.'';
(B) in subsection (b)(2), by striking ``section
2484'' and inserting ``section 2483'';
(C) in subsection (c)(2), by adding at the end the
following new sentences: ``The chairman of the
governing board shall be a commissioned officer or
member of the senior executive service who has
demonstrated experience or knowledge relevant to the
management of the defense commissary system. In
selecting other members of the governing board, the
Secretary shall give priority to persons with
experience related to logistics, military personnel,
military entitlements or other experiences of value of
management of commissaries.''; and
(D) by adding at the end the following new
subsections:
``(d) Assignment of Active Duty Members.--(1) Except as provided in
paragraph (2), members of the armed forces on active duty may not be
assigned to the operation of a commissary store.
``(2)(A) The Secretary of Defense may assign an officer on the
active-duty list to serve as the Director of the Defense Commissary
Agency.
``(B) Not more than 18 members (in addition to the officer referred
to in subparagraph (A)) of the armed forces on active duty may be
assigned to the Defense Commissary Agency. Members who may be assigned
under this subparagraph to regional headquarters of the agency shall be
limited to enlisted members assigned to duty as advisers in the
regional headquarters responsible for overseas commissaries and to
veterinary specialists.
``(e) Reimbursement for Use of Commissary Facilities by Military
Departments.--(1) The Secretary of a military department shall pay the
Defense Commissary Agency the amount determined under paragraph (2) for
any use of a commissary facility by the military department for a
purpose other than commissary sales or operations in support of
commissary sales.
``(2) The amount payable under paragraph (1) for use of a
commissary facility by a military department shall be equal to the
share of depreciation of the facility that is attributable to that use,
as determined under regulations prescribed by the Secretary of Defense.
``(3) The Director of the Defense Commissary Agency shall credit
amounts paid under paragraph (1) for use of a facility to an
appropriate account to which proceeds of a surcharge applied under
section 2484(e) of this title are credited.
``(4) This subsection applies with respect to a commissary facility
that is acquired, constructed, converted, expanded, installed, or
otherwise improved (in whole or in part) with the proceeds of a
surcharge applied under section 2484(e) of this title.
``(f) Donation of Unusable Food.--(1) The Secretary of Defense may
donate food described in paragraph (2) to any of the following
entities:
``(A) A charitable nonprofit food bank that is designated
by the Secretary of Defense or the Secretary of Health and
Human Services as authorized to receive such donations.
``(B) A State or local agency that is designated by the
Secretary of Defense or the Secretary of Health and Human
Services as authorized to receive such donations.
``(C) A chapter or other local unit of a recognized
national veterans organization that provides services to
persons without adequate shelter and is designated by the
Secretary of Veterans Affairs as authorized to receive such
donations.
``(D) A not-for-profit organization that provides care for
homeless veterans and is designated by the Secretary of
Veterans Affairs as authorized to receive such donations.
``(2) Food that may be donated under this subsection is commissary
store food, mess food, meals ready-to-eat (MREs), rations known as
humanitarian daily rations (HDRs), and other food available to the
Secretary of Defense that--
``(A) is certified as edible by appropriate food inspection
technicians;
``(B) would otherwise be destroyed as unusable; and
``(C) in the case of commissary store food, is unmarketable
and unsaleable.
``(3) In the case of commissary store food, a donation under this
subsection shall take place at the site of the commissary store that is
donating the food.
``(4) This subsection does not authorize any service (including
transportation) to be provided in connection with a donation under this
subsection.
``(g) Collection of Dishonored Checks.--(1) The Secretary of
Defense may impose a charge for the collection of a check accepted at a
commissary store that is not honored by the financial institution on
which the check is drawn. The imposition and amounts of charges shall
be consistent with practices of commercial grocery stores regarding
dishonored checks.
``(2)(A) The following persons are liable to the United States for
the amount of a check referred to in paragraph (1) that is returned
unpaid to the United States, together with any charge imposed under
that paragraph:
``(i) The person who presented the check.
``(ii) Any person whose status and relationship to the
person who presented the check provide the basis for that
person's eligibility to make purchases at a commissary store.
``(B) Any amount for which a person is liable under subparagraph
(A) may be collected by deducting and withholding such amount from any
amounts payable to that person by the United States.
``(3) Amounts collected as charges imposed under paragraph (1)
shall be credited to the commissary trust revolving fund.
``(4) Appropriated funds may be used to pay any costs incurred in
the collection of checks and charges referred to in paragraph (1). An
appropriation account charged a cost under the preceding sentence shall
be reimbursed the amount of that cost out of funds in the commissary
trust revolving fund.
``(5) In this subsection, the term `commissary trust revolving
fund' means the trust revolving fund maintained by the Department of
Defense for surcharge collections and proceeds of sales of commissary
stores.
``(h) Release of Certain Commercially Valuable Information to
Public.--(1) The Secretary of Defense may limit the release to the
public of any information described in paragraph (2) if the Secretary
determines that it is in the best interest of the Department of Defense
to limit the release of such information. If the Secretary determines
to limit the release of any such information, the Secretary may provide
for limited release of such information in accordance with paragraph
(3).
``(2) Paragraph (1) applies to the following:
``(A) Information contained in the computerized business
systems of commissary stores or the Defense Commissary Agency
that is collected through or in connection with the use of
electronic scanners in commissary stores, including the
following information:
``(i) Data relating to sales of goods or services.
``(ii) Demographic information on customers.
``(iii) Any other information pertaining to
commissary transactions and operations.
``(B) Business programs, systems, and applications
(including software) relating to commissary operations that
were developed with funding derived from commissary surcharges.
``(3)(A) The Secretary of Defense may, using competitive
procedures, enter into a contract to sell information described in
paragraph (2).
``(B) The Secretary of Defense may release, without charge,
information on an item sold in commissary stores to the manufacturer or
producer of that item or an agent of the manufacturer or producer.
``(C) The Secretary of Defense may, by contract entered into with a
business, grant to the business a license to use business programs
referred to in paragraph (2)(B), including software used in or
comprising any such program. The fee charged for the license shall be
based on the costs of similar programs developed and marketed by
businesses in the private sector, determined by means of surveys.
``(D) Each contract entered into under this paragraph shall specify
the amount to be paid for information released or a license granted
under the contract, as the case may be.
``(4) Information described in paragraph (2) may not be released,
under paragraph (3) or otherwise, in a form that identifies any
customer or that provides information making it possible to identify
any customer.
``(5) Amounts received by the Secretary under this section shall be
credited to funds derived from commissary surcharges applied under
section 2484(e) of this title, shall be merged with those funds, and
shall be available for the same purposes as the funds with which
merged.''.
(b) Relation Between Defense Commissary and Exchange Systems.--
Chapter 147 of title 10, United States Code, is further amended--
(1) by inserting after section 2485, as amended by
subsection (a)(7), the following:
``SUBCHAPTER II--RELATIONSHIP, CONTINUATION, AND COMMON POLICIES OF
DEFENSE COMMISSARY AND EXCHANGE SYSTEMS
``Sec.
``2487. Existence and purpose of defense commissary system.
``2488. Combined exchange and commissary stores.
``2489. Overseas commissary and exchange stores: access and purchase
restrictions.
``Sec. 2487. Relationship between defense commissary system and
exchange stores system
``(a) Separate Systems.--(1) Except as provided in paragraph (2),
the defense commissary system and the exchange stores system shall be
operated as separate systems of the Department of Defense.
``(2) Paragraph (1) does not apply to the following:
``(A) Combined exchange and commissary stores operated
under the authority provided by section 2489 of this title.
``(B) NEXMART stores of the Navy Exchange Service Command
established before October 1, 2003.
``(b) Consolidation or Other Organizational Changes of Defense
Retail Systems.--(1) The operation and administration of the defense
retail systems may not be consolidated or otherwise merged unless the
consolidation or merger is specifically authorized by an Act of
Congress.
``(2) In this subsection, the term `defense retail systems' means
the defense commissary system and exchange stores system and other
revenue-generating facilities operated by nonappropriated fund
instrumentalities of the Department of Defense for the morale, welfare,
and recreation of members of the armed forces'';
(2) by redesignating sections 2488, 2489, 2489a as sections
2495, 2495a, and 2495b, respectively; and
(3) by redesignating sections 2490a and 2492 as sections
2488 and 2489, respectively, and inserting such sections after
section 2487, as added by paragraph (1).
(c) MWR Programs and Nonappropriated Fund Instrumentalities.--
Chapter 147 of title 10, United States Code, is further amended--
(1) by inserting after section 2489, as redesignated and
moved by subsection (b)(3), the following:
``SUBCHAPTER III--MORALE, WELFARE, AND RECREATION PROGRAMS AND
NONAPPROPRIATED FUND INSTRUMENTALITIES
``Sec.
``2491. Uniform funding and management of morale, welfare, and
recreation programs.
``2491a. Department of Defense golf courses: limitation on use of
appropriated funds.
``2491b. Use of appropriated funds for operation of Armed Forces
Recreation Center, Europe: limitation.
``2491c. Retention of morale, welfare, and recreation funds by military
installations: limitation.
``2492. Nonappropriated fund instrumentalities: contracts with other
agencies and instrumentalities to provide
and obtain goods and services.
``2493. Fisher Houses: administration as nonappropriated fund
instrumentality.
``2494. Nonappropriated fund instrumentalities: furnishing utility
services for morale, welfare, and
recreation purposes.
``2495. Nonappropriated fund instrumentalities: purchase of alcoholic
beverages.
``2495a. Overseas package stores: treatment of United States wines.
``2495b. Sale or rental of sexually explicit material prohibited.'';
(2) by redesignating section 2494 as section 2491 and
inserting such section after the table of sections at the
beginning of subchapter III, as added by paragraph (1);
(3) by redesignating section 2482a as section 2492 and
inserting such section before section 2493;
(4) by inserting after section 2493 the following new
section:
``Sec. 2494. Nonappropriated fund instrumentalities: furnishing utility
services for morale, welfare, and recreation purposes
``Appropriations for the Department of Defense may be used to
provide utility services for--
``(1) buildings on military installations authorized by
regulation to be used for morale, welfare, and recreation
purposes; and
``(2) other morale, welfare, and recreation activities for
members of the armed forces.''; and
(5) by inserting sections 2495, 2495a, and 2495b, as
redesignated by subsection (b)(2), after section 2494, as added
by paragraph (4).
(d) Inclusion of Other Title 10 Provisions.--Sections 2246, 2247,
and 2219 of title 10, United States Code, are--
(1) transferred to chapter 147 of such title;
(2) inserted after section 2491, as redesignated and moved
by subsection (c)(2); and
(3) redesignated as sections 2491a, 2491b, and 2491c,
respectively.
(e) Conforming Amendments.--(1) Section 977 of title 10, United
States Code, is repealed.
(2) Section 2868 of such title is amended by striking ``for--'' and
all that follows through the period at the end and inserting ``for
buildings constructed at private cost, as authorized by law.''.
(3) Section 367 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
1987; 10 U.S.C. 2482 note) is repealed.
(f) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 49 of title 10, United States Code, is amended by
striking the item relating to section 977.
(2) The table of sections at the beginning of chapter 132 of such
title is amended by striking the item relating to section 2219.
(3) The table of sections at the beginning of subchapter I of
chapter 134 of such title is amended by striking the items relating to
sections 2246 and 2247.
SEC. 652. CONSISTENT STATE TREATMENT OF DEPARTMENT OF DEFENSE
NONAPPROPRIATED FUND HEALTH BENEFITS PROGRAM.
Section 349 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2727) is amended by adding at
the end the following new subsection:
``(c) Treatment of Program as Federal Health Benefit Program.--(1)
No State tax, fee, other monetary payment, or State health plan
requirement, may be imposed, directly or indirectly, on the
Nonappropriated Fund Uniform Health Benefits Program of the Department
of Defense, or on a carrier or an underwriting or plan administration
contractor of the Program, to the same extent as such prohibition
applies to the health insurance program authorized by chapter 89 of
title 5, United States Code, under section 8909(f) of such title.
``(2) Paragraph (1) shall not be construed to exempt the
Nonappropriated Fund Uniform Health Benefits Program of the Department
of Defense, or any carrier or underwriting or plan administration
contractor of the Program from the imposition, payment, or collection
of a tax, fee, or other monetary payment on the net income or profit
accruing to, or realized by, the Program or by such carrier or
contractor from business conducted under the Program, so long as the
tax, fee, or payment is applicable to a broad range of business
activity.
``(3) In this section, the term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands, and any political
subdivision or other non-Federal authority thereof.''.
SEC. 653. COOPERATION AND ASSISTANCE FOR QUALIFIED SCOUTING
ORGANIZATIONS SERVING DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND CIVILIAN EMPLOYEES OVERSEAS.
(a) Authority to Cooperate and Provide Assistance.--Subsection (a)
of section 2606 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``Subject to subsection
(b)'' and inserting ``In the interest of promoting the
recognized morale, welfare, and recreation of members of the
armed forces''; and
(2) in subsection (b), by striking ``and may'' and all that
follows through ``armed forces''.
(b) Treatment of Organizations and Employees.--Such section is
further amended--
(1) by striking subsections (e) and (f);
(2) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (b) the following new
subsections:
``(c) Treatment as Nonappropriated Fund Instrumentalities.--(1)
Subject to paragraphs (2) and (3), to the extent a qualified scouting
organization is providing services for members of the armed forces and
their dependents, or civilian employees of the Department of Defense
and their dependents, at a location outside the United States
consistent with the regulations prescribed under subsection (b), the
qualified scouting organization shall be a nonappropriated fund
instrumentality of the Department of Defense.
``(2) Notwithstanding treatment as a nonappropriated fund
instrumentality of the Department of Defense, personnel of the
qualified scouting organization who are performing duties in connection
with cooperation and assistance provided under subsection (a) may
continue such policies and procedures related to personnel management
and such other policies or procedures established by the qualified
scouting organization as the personnel consider appropriate, subject to
the approval of the qualified scouting organization.
``(3) A qualified scouting organization operating outside the
United States may operate as a private association overseas for the
purpose of raising funds. Any funds so raised may not be commingled
with amounts retained in a nonappropriated morale, welfare, and
recreation account of the Department of Defense.
``(d) Treatment as Nonappropriated Fund Instrumentality
Employees.--(1) Personnel of a qualified scouting organization who are
performing duties in connection with cooperation and assistance
provided under subsection (a) for members of the armed forces and their
dependents, or civilian employees of the Department of Defense and
their dependents, shall be nonappropriated fund instrumentality
employees of the United States for any period during which the
personnel perform such duties.
``(2) Such personnel of a qualified scouting organization shall
receive the same benefits, entitlements, and logistical support as
other nonappropriated fund instrumentality employees, except that such
personnel--
``(A) shall be allowed to decline to participate in
retirement programs or other personnel management policies or
procedures available to other nonappropriated fund
instrumentality employees and elect to continue the programs,
policies or procedures made available by the qualified scouting
organization; and
``(B) shall not receive nonappropriated fund
instrumentality employment credit nor rehire priority.
``(3) In the regulations prescribed under subsection (b), the
Secretary of Defense may authorize the use of funds appropriated to the
Department of Defense to pay costs of such personnel of a qualified
scouting organization, including reimbursement of the personnel or the
qualified scouting organization, in the case of those retirement,
personnel management, and other compensation programs regarding which
the personnel have elected to continue the programs made available to
them by the qualified scouting organization.''.
(c) Conforming and Clerical Amendments.--Such section is further
amended--
(1) in subsection (a), by inserting ``Authority to
Cooperate and Provide Assistance.--'' after ``(a)'';
(2) in subsection (c), by inserting ``Basis for Cooperation
and Assistance.--'';
(3) in subsection (e), as redesignated by subsection
(b)(2)--
(A) by inserting ``Provision of Transportation,
Space, and Services.--'' after ``(e)''; and
(B) in the matter preceding paragraph (1), by
inserting ``, using the authority of subsection
(d)(3)'' after ``furnished'';
(4) in subsection (f), as redesignated by subsection
(b)(2), by inserting ``Transportation of Supplies.--'' after
``(f)''; and
(5) in subsection (g), by inserting ``Definition.--'' after
``(g)''.
Subtitle F--Other Matters
SEC. 661. REPEAL OF REQUIREMENT THAT MEMBERS ENTITLED TO BASIC
ALLOWANCE FOR SUBSISTENCE PAY SUBSISTENCE CHARGES WHILE
HOSPITALIZED.
(a) Repeal.--(1) Section 1075 of title 10, United States Code, is
repealed.
(2) The table of sections at the beginning of chapter 55 of such
title is amended by striking the item relating to section 1075.
(b) Conforming Amendment Regarding Military-Civilian Health
Services Partnership Program.--Section 1096(c) of such title is
amended--
(1) by inserting ``who is a dependent'' after ``covered
beneficiary''; and
(2) by striking ``shall pay'' and all that follows through
the period at the end of paragraph (2) and inserting ``shall
pay the charges prescribed by section 1078 of this title.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 662. CLARIFICATION OF EDUCATION LOANS QUALIFYING FOR EDUCATION
LOAN REPAYMENT PROGRAM FOR RESERVE COMPONENT HEALTH
PROFESSIONS OFFICERS.
Section 16302(a)(5) of title 10, United States Code, is amended by
inserting ``a basic professional qualifying degree (as determined under
regulations prescribed by the Secretary of Defense) or graduate
education in'' after ``regarding''.
SEC. 663. SURVEY AND ANALYSIS OF EFFECT OF EXTENDED AND FREQUENT
MOBILIZATION OF RESERVISTS FOR ACTIVE DUTY SERVICE ON
RESERVIST INCOME.
(a) Survey of Mobilized Reservists to Determine Differential
Between Private Sector Income and Military Compensation.--(1) The
Secretary of Defense shall conduct a survey involving members of the
reserve components who serve, or have served, on active duty in support
of a contingency operation at any time during the period beginning on
September 11, 2001, and ending on September 30, 2005, to determine the
extent to which such members sustained a reduction in monthly income
during the period of the active duty service compared to the average
monthly civilian income of the members during the 12 months preceding
their mobilization.
(2) At least 50 percent of the total number of members of the
reserve components who have served on active duty in support of a
contingency operation at any time during the period specified in
paragraph (1) shall be included in the survey.
(b) Calculation of Income Differential.--For each member surveyed
under subsection (a) who reports that total monthly military
compensation during the active duty service of the member was less, or
appeared to be less, than the average monthly civilian income of the
member, the Secretary of Defense, in cooperation with the member, shall
calculate the monthly active-duty income differential for the member.
(c) Definitions Used in Conducting Survey and Calculations.--In
this section:
(1) The term ``monthly active-duty income differential'',
with respect to a member of a reserve component surveyed under
subsection (a), means the difference between--
(A) the average monthly civilian income of the
member; and
(B) the total monthly military compensation of the
member.
(2) The term ``average monthly civilian income'', with
respect to a member of a reserve component surveyed under
subsection (a), means the amount, determined by the Secretary
of Defense, of the earned income of the member for the 12
months preceding the first mobilization of the member during
the period specified in subsection (a)(1), divided by 12.
(3) The term ``total monthly military compensation'', with
respect to a member of a reserve component surveyed under
subsection (a), means the amount, computed on a monthly basis,
of the sum of--
(A) the amount of the regular military compensation
(RMC), as defined in section 101(25) of title 37,
United States Code, of the member during the period
specified in subsection (a)(1); and
(B) any amount of special pay or incentive pay and
any allowance (other than an allowance included in
regular military compensation) that is paid to the
member on a monthly basis during the period specified
in subsection (a)(1).
(d) Collection of Demographic Data.--The Secretary of Defense shall
collect demographic data regarding each member of a reserve component
surveyed under subsection (a), including, at a minimum, data on the
following:
(1) Reserve component.
(2) Unit of assignment.
(3) Grade.
(4) Age.
(5) Years of service.
(6) Sex.
(7) Marital status.
(8) Number of dependents.
(9) General category of private-sector employment, as
determined by the Secretary, but to include an employment
category to cover members who are self-employed.
(10) Military occupational specialty, including specifying
all surveyed members who are serving in a critical wartime
specialty.
(11) Length of service on active duty during the most
recent mobilization.
(12) Number of times mobilized since September 11, 2001.
(e) Effect of Income Loss on Retention.--The Secretary of Defense
shall include in the survey a question to solicit information from each
member of a reserve component surveyed under subsection (a) regarding
the likely effect of a reoccurring monthly active-duty income
differential for the member while serving on active duty on the
decision of the member to remain in the reserve component.
(f) Analysis of Survey Data.--(1) At a minimum, the Secretary of
Defense shall determine, for each variable listed in paragraphs (2)
through (12) of subsection (d), the number of members of the reserve
components surveyed under subsection (a) who sustained a monthly
active-duty income differential for any month during their active duty
service and compare and contrast that number with the number of members
who did not experience a monthly active-duty income differential.
(2) The Secretary shall also determine the average amount of the
active-duty income differential by reserve component for each variable
within the characteristics listed in paragraphs (2) through (12) of
subsection (d).
(g) Submission of Survey Results and Recommendations.--Not later
than January 31, 2006, the Secretary of Defense shall submit to
Congress and the Comptroller General a report containing the results of
the surveys conducted under subsection (a), including the results of
the analysis of survey data required by subsection (e). The Secretary
shall include such recommendations as the Secretary considers
appropriate regarding alternatives for restoring income lost by members
of the reserve components who sustained a monthly active-duty income
differential during their active duty service.
(h) Comptroller General Evaluation.--Not later than March 31, 2006,
the Comptroller General shall submit to Congress an assessment of the
findings and recommendations contained in the report of the Secretary
of Defense submitted under subsection (g).
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Enhanced Benefits for Reserves
SEC. 701. DEMONSTRATION PROJECT FOR TRICARE COVERAGE FOR READY RESERVE
MEMBERS.
(a) Demonstration Program.--Section 1076b of title 10, United
States Code, is amended to read as follows:
``Sec. 1076b. TRICARE demonstration project: coverage for members of
the Ready Reserve
``(a) In General.--(1) The Secretary of Defense shall conduct a
demonstration project beginning in fiscal year 2005 to test whether
TRICARE coverage for certain Ready Reserve members and their families
enhances medical readiness and retention of such members.
``(2) Under the demonstration project required by paragraph (1),
within the scope of the project, as established by the Secretary,
members of the Ready Reserve may be allowed to enroll for coverage
under the TRICARE Standard option of the TRICARE program and receive
benefits under such enrollment for any period that the member--
``(A) is not eligible for health care benefits under an
employer-sponsored health benefits plan; and
``(B) either--
``(i) is not on active duty; or
``(ii) is on active duty but under a call or order
to active duty for a period of 30 days or less.
``(3) A member allowed to enroll in TRICARE Standard under the
demonstration project may enroll for self-only coverage or self and
family coverage.
``(b) Scope of Coverage .--A member and the dependents of a member
enrolled in TRICARE Standard under this section shall be entitled to
the same benefits and shall pay the same charges as are provided under
section 1079 of this title.
``(c) Premiums.--(1) The Secretary of Defense shall charge premiums
for coverage pursuant to enrollments under this section. The Secretary
shall prescribe a premium for self only coverage and a premium for self
and family coverage.
``(2) The monthly amount of the premium in effect for a month for a
type of coverage under this section shall be the amount equal to 28
percent of the total amount determined by the Secretary on an
appropriate actuarial basis as being reasonable for the coverage.
``(3) The premiums payable by a member under this subsection may be
deducted and withheld from basic pay payable to the member under
section 204 of title 37 or from compensation payable to the member
under section 206 of such title. The Secretary shall prescribe the
requirements and procedures applicable to the payment of premiums by
members not entitled to such basic pay or compensation.
``(4) Amounts collected as premiums under this subsection shall be
credited to the appropriation available for the Defense Health Program
Account under section 1100 of this title, shall be merged with sums in
such Account that are available for the fiscal year in which collected,
and shall be available under subparagraph (B) of such section for such
fiscal year.
``(d) Conditions of Eligibility.--(1) The Secretary of Defense may
establish other conditions of eligibility, including requiring a member
to submit any certification that the Secretary considers appropriate to
substantiate the member's assertion that the member is not eligible for
health care benefits under any other health benefits plan.
``(2) In the case of any member who is self-employed and not
eligible for coverage under any other employer-sponsored health
benefits plan, the member shall not be considered eligible to enroll
under this section if the member's income in the prior calendar year
exceeded $40,000.
``(e) Scope and Terms of Demonstration Project.--The geographic
scope and priorities for enrollment under the demonstration program, if
any, shall be established by the Secretary of Defense. The Secretary
may establish such other terms and conditions for the demonstration
project required by subsection (a) as the Secretary determines
appropriate to accomplish its purposes.
``(f) Termination of Authority.--An enrollment in TRICARE under
this section may not continue after December 31, 2007.
``(g) Evaluation of Demonstration and Report to Congress.--Not
later than March 1, 2007, the Secretary shall provide to Congress a
report on the results of the demonstration project required by this
section. Such report shall include an analysis of the impact of the
demonstration on medical readiness and retention of the members who
enrolled, an assessment of the costs and benefits of any improvements
in medical readiness or retention, and recommendations concerning
TRICARE Standard coverage for Ready Reserve members.
``(h) Definition.--In this section, the term `TRICARE Standard'
means the option of the TRICARE program that is also known as the
Civilian Health and Medical Program of the Uniformed Services, as
defined in section 1072(4) of this title.''.
(b) Termination of Coverage Under Superseded Provision of Law.--An
enrollment in TRICARE under section 1076b of title 10, United States
Code, as in effect before the date of the enactment of this Act may not
continue after such date.
(c) Site Identification.--(1) Not later than 60 days after the date
of enactment of this Act, the Secretary of Defense, in consultation
with the Committees on Armed Services of the Senate and the House of
Representatives, shall identify not less than 10 sites that meet the
criteria specified in paragraph (2) for the conduct of the
demonstration project required under section 1076b of title 10, United
States Code, as amended by this section.
(2) For purposes of paragraph (1), the sites selected for the
conduct of the demonstration project shall be areas of the United
States that include a substantial number of personnel expected to be
ordered to active duty for a period of more than 30 days.
(d) Independent Evaluation and Reports.--(1) The Comptroller
General shall conduct an evaluation of the demonstration project
required under section 1076b of title 10, United States Code (as
amended by this section) The evaluation shall include an assessment of
the following:
(A) Compliance by the Department of Defense with the
requirements under section 1076b of title 10, United States
Code (as amended by this section).
(B) A description of the effects of the demonstration
project on medical readiness and retention of the participants
compared to nonparticipants.
(C) The number of Ready Reserve members and their
dependents opting to participate in the demonstration project.
(D) An analysis of how the demonstration project affects
the overall accessibility of care in the direct and purchased
care systems and a description of the unintended effects (if
any) upon the normal treatment priority system.
(E) A description of the difficulties (if any) experienced
by the Department of Defense in managing the demonstration
project.
(F) Any impact of the demonstration project on employers,
including causing them to discontinue health care insurance
benefits for employees who are members of the reserves.
(G) A recommendation whether to extend the demonstration
project or make the project permanent.
(H) A determination of whether the terms and conditions of
the demonstration project should be continued or modified if
the project is extended or expanded.
(I) Implications on cost, medical readiness, recruitment,
and retention if the demonstration project was made available
to all reservists meeting the enrollment criteria throughout
the United States and its territories.
(J) Any additional elements that the Comptroller General
determines are appropriate to assess the demonstration project.
(2) The Comptroller General shall submit to the Committees on Armed
Services of the Senate and the House of Representatives--
(A) an interim report on the evaluation under this section
not later than 12 months after the date on which the
demonstration project begins operation; and
(B) a final report on the evaluation under this section not
later than March 1, 2007.
SEC. 702. COMPTROLLER GENERAL REPORT ON THE COST AND FEASIBILITY OF
PROVIDING PRIVATE HEALTH INSURANCE STIPENDS FOR MEMBERS
OF THE READY RESERVES.
(a) Study Required.--The Comptroller General shall conduct a study
on the cost and feasibility of providing a stipend to members of the
Ready Reserves to offset the cost of continuing private health
insurance coverage for the member's dependents when the member is on
active duty for a period of more than 30 days, with the dependents
being ineligible to enroll in the TRICARE program and payment of the
stipend ending when the member is no longer on active duty.
(b) Matters Covered.--The study shall include the following
matters:
(1) Recommendation for a benefit amount and cost to the
Department of Defense.
(2) Potential effects on medical readiness, recruitment,
and retention.
(3) The extent to which the Reserves and members of their
families might participate under the stipend program.
(4) Administrative and management considerations for the
Department of Defense.
(5) Impact of pre-existing conditions on continuity of care
for dependents.
(6) Possible implications for employers.
(c) Report.--Not later than March 31, 2005, the Comptroller General
shall submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report
containing the results of the study under this section.
SEC. 703. IMPROVEMENT OF MEDICAL SERVICES FOR ACTIVATED MEMBERS OF THE
READY RESERVE AND THEIR FAMILIES.
(a) Requirement for TRICARE Coverage for Dependents of Members of
Reserve Components Called to Active Duty.--Paragraph (1) of section
1074(d) of title 10, United States Code, is amended--
(1) by inserting ``a dependent of'' after ``chapter,'';
(2) by inserting ``a dependent of a member'' after
``treated as being''; and
(3) by striking ``the later of'' and all that follows
through the period at the end of subparagraph (B) and inserting
``the date described in paragraph (3).''.
(b) Authority for TRICARE Coverage for Members of Reserve
Components Called To Active Duty.--Section 1074(d) of such title is
further amended--
(1) by striking paragraph (3);
(2) by redesignating paragraph (2) as paragraph (4); and
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) The Secretary of Defense may, beginning on the date described
in paragraph (3), provide a member of a reserve component of the armed
forces who is issued a delayed-effective-date active-duty order, or is
covered by such an order, such medical and dental care (in addition to
care for which the member is eligible under section 1074a(f) of this
title or other provisions of law) the Secretary determines appropriate.
``(3) The date referred to in paragraphs (1) and (2) with respect
to a member is the later of the date that is--
``(A) the date of the issuance of the delayed-effective-
date active-duty order; or
``(B) 90 days before the date on which the period of active
duty is to commence under such order for that member.''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2005.
SEC. 704. MODIFICATION OF WAIVER OF CERTAIN DEDUCTIBLES UNDER TRICARE
PROGRAM.
Section 1095d(a) of title 10, United States Code, is amended in
paragraphs (1) and (2) by striking ``less than one year'' each place it
appears and inserting ``more than 30 days''.
SEC. 705. AUTHORITY FOR PAYMENT BY UNITED STATES OF ADDITIONAL AMOUNTS
BILLED BY HEALTH CARE PROVIDERS TO ACTIVATED RESERVE
MEMBERS.
Section 1079(h) of title 10, United States Code, is amended by
adding at the end of paragraph (4) the following new subparagraph:
``(C) In the case of services billed to a dependent referred to in
subsection (a) of a member of a reserve component who is ordered to
active duty for a period of more than 30 days in support of a
contingency operation under a provision of law referred to in section
101(a)(13)(B) of this title, the regulations shall provide that, in
addition to amounts otherwise payable by the United States, the
Secretary may pay the amount referred to in subparagraph (B)(i) for the
services.''.
SEC. 706. EXTENSION OF TRANSITIONAL HEALTH CARE BENEFITS AFTER
SEPARATION FROM ACTIVE DUTY.
(a) Extension of Transitional Health Care Benefits.--Paragraph (3)
of section 1145(a) of title 10, United States Code, is amended to read
as follows:
``(3) Transitional health care shall be available under this
subsection for a period beginning on the date on which the member is
separated from active duty and ending on the earlier of--
``(A) 180 days after the date on which the member is
separated from active duty; or
``(B) the date on which the member and dependents of the
member are covered by a health plan sponsored by an
employer.''.
(b) Limitation.--During the period beginning on January 1, 2005,
and ending on September 30, 2005, not more than $170,000,000 of the
amount appropriated pursuant to the authorization for operations and
maintenance for the Defense Health Program in section 303(a) may be
used for transitional health care under section 1145(a) of title 10,
United States Code, as amended by this section.
(c) Effective Date.--The amendment made by subsection (a) shall
apply with respect to separations from active duty that take effect on
or after January 1, 2005.
Subtitle B--Other Benefits Improvements
SEC. 711. COVERAGE OF CERTAIN YOUNG CHILDREN UNDER TRICARE DENTAL
PROGRAM.
(a) Coverage of Certain Young Children.--Section 1076a(k)(2) of
title 10, United States Code, is amended by inserting after ``by reason
of'' the following: ``the dependent's young age on the date of death of
the member of''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 712. COMPTROLLER GENERAL REPORT ON PROVISION OF HEALTH AND SUPPORT
SERVICES FOR EXCEPTIONAL FAMILY MEMBER PROGRAM ENROLLEES.
(a) Evaluation Requirement.--The Comptroller General shall evaluate
the effect of the Exceptional Family Member Program (in this section
referred to as ``EFMP'') on health and support services in selected
civilian communities near military installations with a high
concentration of EFMP enrollees.
(b) Matters Covered.--The evaluation under subsection (a) shall
include a discussion of the following:
(1) Communities that have high concentrations of EFMP
enrollees that use State and local health and support services.
(2) Needs of EFMP enrollees, if any, that are not met by
State and local health and support services.
(3) The burdens, financial and otherwise, placed on State
and local health and support services by EFMP enrollees and
their families.
(4) The ability of the TRICARE program to meet the needs of
EFMP enrollees and their families.
(5) Reasons for any limitations of the TRICARE program, the
EFMP, and State and local health and support services in
providing assistance to EFMP enrollees and their families.
(6) Recommendations for more effectively meeting the needs
of EFMP enrollees and their families.
(c) Communities Covered.--The evaluation under subsection (a) shall
examine no fewer than four civilian communities, as determined by the
Comptroller General, that have high concentrations of EFMP enrollees
and that are near several military installations, including at least
two military installations with tenants from more than one of the Armed
Forces.
(d) Definitions.--In this section:
(1) The term ``health and support services'' means services
provided to children and other dependents with special needs,
including specialized day care, mental health day treatment
services, respite services, counseling, and other such services
provided for children and other dependents with special needs.
(2) The term ``TRICARE program'' has the meaning given that
term in section 1072(7) of title 10, United States Code.
(e) Report.--Not later than March 31, 2005, the Comptroller General
shall submit to the Armed Services Committees of the Senate and the
House of Representatives a report on the results of the evaluation
required under subsection (a), with findings and recommendations.
SEC. 713. EXCEPTIONAL ELIGIBILITY FOR TRICARE PRIME REMOTE.
Section 1079(p) of title 10, United States Code, is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) The Secretary of Defense may provide for coverage of a
dependent referred to in subsection (a) who is not described in
paragraph (3) if the Secretary determines that exceptional
circumstances warrant such coverage.''.
SEC. 714. TRANSITION TO HOME HEALTH CARE BENEFIT UNDER SUB-ACUTE CARE
PROGRAM.
Section 1074j of title 10, United States Code, is amended in
subsection (b)(3)--
(1) by inserting ``(A)'' after ``(3)''; and
(2) by adding at the end the following:
``(B) The Secretary of Defense shall establish procedures for the
transition to and implementation of the home health care benefit
required by subparagraph (A). The Secretary may provide in such
procedures that covered beneficiaries who, before the implementation of
such benefit, received home health care under this chapter in excess of
such benefit, may continue to receive such care for such time as the
Secretary considers appropriate.''.
SEC. 715. REQUIREMENT RELATING TO PRESCRIPTION DRUG BENEFITS FOR
MEDICARE-ELIGIBLE ENROLLEES UNDER DEFENSE HEALTH CARE
PLANS.
Section 1074g(a)(6) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(6)''; and
(2) by adding at the end the following:
``(B) For a medicare-eligible beneficiary, the cost-sharing
requirements may not be in excess of the cost-sharing
requirements applicable to all other beneficiaries covered by
section 1086 of this title. For purposes of the preceding
sentence, a medicare-eligible beneficiary is a beneficiary
eligible for health benefits under section 1086 of this title
pursuant to subsection (d)(2) of such section.''.
SEC. 716. PROFESSIONAL ACCREDITATION OF MILITARY DENTISTS.
Section 1077(c) of title 10, United States Code, is amended--
(1) by striking ``A'' and inserting ``(1) Except as
provided in paragraph (2), a''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Dependents who have not attained age 13 and who are
participating under a dental plan established under section 1076a of
this title may be treated by post-graduate dental students in eligible
dental treatment facilities if--
``(i)(I) treatment of pediatric dental patients is required
to comply with American Dental Association accreditation
standards; or
``(II) pediatric dental training is required to enable
post-graduate dental students to provide dental care for such
dependents outside the United States; and
``(ii) there are insufficient numbers of children eligible
to be provided dental care under section 1076(a) of this title
to meet such standards or training requirements.
``(B) The total number of dependents who may be treated under this
paragraph may not exceed 2,000 in any fiscal year.
``(C) In this paragraph, an eligible dental treatment facility is a
dental treatment facility with a post-graduate dental education program
accredited by the American Dental Association.''.
SEC. 717. ADDITION OF CERTAIN UNREMARRIED FORMER SPOUSES TO PERSONS
ELIGIBLE FOR DENTAL INSURANCE PLAN OF RETIREES OF THE
UNIFORMED SERVICES.
(a) Eligibility of Certain Former Spouses for Dental Coverage.--(1)
Section 1076c(b) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(6) A person who--
``(i) is an unremarried former spouse of a member
described in paragraph (1) or (2);
``(i) is described in section 1072(2)(F)(i) of this
title; and
``(ii) does not have dental coverage under an
employer-sponsored health plan.''.
(b) Effective Date.--Section 1076c(b)(6) of title 10, United States
Code, as added by subsection (a), shall take effect on the date of the
enactment of this Act.
SEC. 718. WAIVER OF COLLECTION OF PAYMENTS DUE FROM CERTAIN PERSONS
UNAWARE OF LOSS OF CHAMPUS ELIGIBILITY.
(a) Authority To Waive Collection.--The Secretary of Defense may
waive (in whole or in part) the collection of payments otherwise due
from a person described in subsection (b) as a result of the receipt by
the person of health benefits under section 1086 of title 10, United
States Code, after the termination of the person's eligibility for such
benefits and may also authorize continued coverage of benefits under
section 1086 of such title for such person for the period described in
subsection (c).
(b) Persons Eligible.--A person shall be eligible for relief under
subsection (a) if the person--
(1) is a person described in paragraph (1) of subsection
(d) of section 1086, of title 10, United States Code;
(2) in the absence of such paragraph, would have been
eligible for health benefits under such section;
(3) at the time of the receipt of such benefits, satisfies
the criteria specified in subparagraph (B) of paragraph (2) of
such subsection; and
(4) was unaware of the loss of eligibility to receive
health benefits at the time they were received.
(c) Extent of Authority.--The authority to waive the collection of
payments and to continue coverage of benefits under this section shall
apply during the period beginning on July 1, 1999, and ending on
December 31, 2004, under terms established by the Secretary of Defense.
(d) Quarterly Reports.--(1) The Secretary of Defense shall provide
quarterly reports to the Committees on Armed Services of the Senate and
House of Representatives regarding--
(A) efforts by the Department of Defense to identify
persons who satisfy the criteria specified in subparagraph (B)
of subsection (d)(2) of section 1086 of title 10, United States
Code, and would be eligible for health benefits under such
section if the criteria specified in subparagrpah (A) were also
satisfied; and
(B) actions taken by the Department with respect to persons
identified under subparagraph (B) of this paragraph.
(2) The first report under paragraph (1) shall be submitted not
later than 30 days after the end of the first quarter of fiscal year
2005.
Subtitle C--Planning, Programming, and Management
SEC. 721. PILOT PROGRAM FOR TRANSFORMATION OF HEALTH CARE DELIVERY.
(a) Findings.--(1) Congress finds the following:
(A) Historically, providing military health care to
military beneficiaries has centered on building a military
medical treatment facility and providing a full range of
services on a military installation.
(B) Traditionally, in many locations the majority of
military personnel and their dependents who are eligible
beneficiaries of the military health care system do not live on
military installations.
(C) As the cost of repairing, replacing, recapitalizing, or
expanding aging military treatment facilities and maintaining
adequate health care services on military installations
increases, the Department of Defense will be challenged to find
new, more cost-effective ways of providing enhanced health care
for military and civilian beneficiaries of the Department of
Defense health care system.
(2) In view of these findings, the Secretary of Defense is directed
to examine feasible and cost-effective methods for leveraging and
expanding non-military health care resources to provide health care to
military beneficiaries. Furthermore, the Secretary of Defense shall
conduct a pilot program in accordance with this section.
(b) Pilot Program Purposes.--The Secretary of Defense shall conduct
a pilot program at one or more military installations for purposes of
testing--
(1) the feasibility and cost effectiveness of expanding use
of non-military health care resources, particularly in cases in
which such use would reduce or eliminate the need for military
medical construction projects;
(2) initiatives that build cooperative health care
arrangements and agreements between military installations and
local and regional non-military health care systems; and
(3) development of an integrated, long range business plan
for the delivery of health care services for military
beneficiaries, incorporating present and potential future
capabilities in the non-military health care sector.
(c) Requirements of Pilot Program.--In conducting the pilot
program, the Secretary of Defense shall--
(1) identify and analyze health care delivery options that
range from outsourcing all health care delivery services to the
private sector to providing some health care services in
military facilities located on the installation;
(2) determine the cost avoidance or savings resulting from
innovative partnerships between the Department of Defense and
the private sector and limiting recapitalization costs in
military facilities;
(3) study the potential, viability, cost efficiency, and
health care effectiveness of Department of Defense health care
providers delivering health care in civilian community
hospitals;
(4) determine the opportunities for and barriers to
coordinating and leveraging the use of existing health care
resources, including Federal, State, local, and contractor
assets; and
(5) develop recommendations for a model health care
delivery system that may be used at other military
installations.
(d) Consultation Requirements.--The Secretary of Defense shall
develop the pilot program in consultation with the Secretaries of the
military departments, representatives from the military installation
selected for the pilot program, Federal, State, and local entities, and
the TRICARE managed care support contractor with responsibility for
that installation.
(e) Selection of Military Installation.--The pilot program shall be
implemented at one or more military installations selected by the
Secretary of Defense. At least one of the selected military
installations shall meet the following criteria:
(1) The military installation is an Army installation
located in a rural area.
(2) The military installation has members of the Armed
Forces on active duty and members of reserve components of the
Armed Forces that use the installation as a training and
operational base, with members routinely deploying in support
of the global war on terrorism.
(3) The number of members of the Armed Forces on active
duty permanently assigned to the military installation is
expected to increase over the next five years.
(4) One or more partnerships exist at the military
installation with civilian health care entities in the form of
limited specialty care services in the military medical
treatment facility on the installation.
(5) There is a military treatment facility on the
installation that does not have inpatient or trauma center care
capabilities.
(6) There is a civilian community hospital within 15 miles
of the military installation with limited capability to expand
inpatient care beds, intensive care, and specialty services.
(7) There is no civilian hospital with a trauma center
within 50 miles from the military installation.
(f) Duration of Pilot Program.--Implementation of the pilot program
developed under this subsection shall begin not later than May 1, 2005,
and shall be conducted during fiscal years 2005, 2006, and 2007.
(g) Funds.--For fiscal year 2005, not more than $5,000,000 of the
amount appropriated pursuant to the authorization for operations and
maintenance for the Defense Health Program in section 303(a) may be
used to conduct the pilot program under this section.
(h) Reports.--Not later than July 1, 2005, the Secretary of Defense
shall submit an interim report to the Committees on Armed Services of
the Senate and of the House of Representatives describing the details
of the pilot program. Not later than July 1, 2007, the Secretary of
Defense shall submit to such committees a final report describing the
results of the pilot program with recommendations for a model health
care delivery system for other military installations.
SEC. 722. STUDY OF PROVISION OF TRAVEL REIMBURSEMENT TO HOSPITALS FOR
CERTAIN MILITARY DISABILITY RETIREES.
(a) Study.--The Secretary of Defense shall conduct a study of the
feasibility, and of the desirability, of providing that a member of the
uniformed services retired under chapter 61 of title 10, United States
Code, for a combat-related disability (as defined in section 1413a(e)
of that title) shall be provided reimbursement for the travel expenses
of such member for travel, during the two-year period beginning on the
date of the retirement of the member, to a military treatment facility
for medical care. The Secretary shall include in that study
consideration of whether reimbursement under such a plan should, as
nearly as practicable, be under the same terms and conditions, and at
the same rate, as apply to beneficiary travel reimbursement provided by
the Secretary of Veterans Affairs under section 111 of title 38, United
States Code.
(b) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report providing the results of the
study under subsection (a). Such report shall be submitted not later
than March 1, 2005.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 801. RAPID ACQUISITION AUTHORITY TO RESPOND TO COMBAT EMERGENCIES.
(a) In General.--Chapter 141 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2410p. Rapid acquisition authority to respond to combat
emergencies
``(a) Rapid Acquisition Authority.--The Secretary of Defense may
rapidly acquire, in accordance with this section, equipment needed by a
combatant commander to eliminate a combat capability deficiency that
has resulted in combat fatalities.
``(b) Process for Rapid Acquisition.--Not later than 30 days after
the date of the enactment of this section, the Secretary of Defense
shall develop a process for the rapid acquisition authority provided by
subsection (a) and submit to Congress a detailed explanation of the
process, including procedures to be followed in carrying out the
process. The process shall provide for the following:
``(1) A requirement that the process may be used only to
acquire the minimum amount of equipment needed until the needs
of the combatant commander can be fulfilled under existing
acquisition statutes, policies, directives, and regulations.
``(2) A goal of awarding a contract for the equipment
within 15 days after receipt of a request from a commander.
``(3) In a case in which the equipment cannot be acquired
without an extensive delay, a requirement for an interim
solution to minimize the combat capability deficiency and
combat fatalities until the equipment can be acquired.
``(4) Waiver of the applicability of all policies,
directives, and regulations related to--
``(A) the establishment of the requirement for the
equipment;
``(B) the research, development, test, and
evaluation of the equipment; and
``(C) the solicitation and selection of sources,
and the award of the contract, for procurement of the
equipment.
``(5) Such other procedures or requirements as the
Secretary considers appropriate.
``(c) Waiver of Certain Statutes.--For purposes of exercising the
authority provided by subsection (a) with respect to equipment, laws
relating to the following shall not apply:
``(A) The establishment of the requirement for the
equipment.
``(B) The research, development, test, and evaluation of
the equipment.
``(C) The solicitation and selection of sources, and the
award of the contract, for procurement of the equipment.
``(d) Limitations.--The rapid acquisition authority provided by
subsection (a) may be used only--
``(1) after the Secretary of Defense, without delegation,
determines in writing that there exists a combat capability
deficiency that has resulted in combat fatalities; and
``(2) to acquire equipment in an amount aggregating not
more than $100,000,000 during a fiscal year.
``(e) Source of Funds.--For acquisitions under this section to be
made during any fiscal year, the Secretary may use any funds made
available to the Department of Defense for that fiscal year.
``(f) Notification to Congress After Each Use of Authority.--The
Secretary of Defense shall notify the congressional defense committees
within 15 days after each use of the authority provided by subsection
(a). Each such notice shall identify the equipment to be acquired, the
amount to be expended for such acquisition, and the source of funds for
such acquisition.
``(g) Combatant Commander.--In this section, the term `combatant
commander' means the commander of a unified combatant command with
authority for the conduct of operations in a specific area of
responsibility or who otherwise has authority to conduct operations at
the direction of the President or Secretary of Defense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2410p. Rapid acquisition authority to respond to combat
emergencies.''.
SEC. 802. DEFENSE ACQUISITION WORKFORCE CHANGES.
(a) Selection Criteria and Procedures.--Section 1732(b)(1)(A) of
title 10, United States Code, is amended by striking ``within grade GS-
13 or above of the General Schedule'' and inserting ``in any position
designated by the Secretary of Defense''.
(b) Critical Acquisition Positions.--Section 1733 of such title is
amended by striking subsection (b) and inserting the following:
``(b) Designation of Critical Acquisition.--(1) The Secretary of
Defense shall designate the acquisition positions in the Department of
Defense that are critical acquisition positions. Such positions shall
include the following:
``(A) Program executive officer.
``(B) Program manager of a major defense acquisition
program (as defined in section 2430 of this title) or of a
significant nonmajor defense acquisition program (as defined in
section 1737(a)(3) of this title).
``(C) Deputy program manager of a major defense acquisition
program.
``(D) Any other acquisition position of significant
responsibility determined by the Secretary to be critical.
``(2) The Secretary shall annually publish a list of the positions
designated under this subsection.''.
(c) Scholarship Programs.--Section 1742 of such title is amended--
(1) by inserting ``(a) Programs.--'' at the beginning of
the text; and
(2) by adding at the end the following new subsection:
``(b) Scholarship Program Requirements.--With respect to any
scholarship program conducted under this section, the Secretary of
Defense and the participant shall agree in writing to the terms of the
scholarship. The agreement shall include the obligations of the
Secretary and the participant, as well as actions available for either
party to take if there is a failure to meet the obligations under the
agreement.''.
SEC. 803. LIMITATION ON TASK AND DELIVERY ORDER CONTRACTS.
Subsection 2304a(f) of title 10, United States Code, is amended to
read as follows:
``(f) Contract Period.--The head of an agency entering into a task
or delivery order contract under this section may provide for the
contract to cover any base period up to five years and may extend the
contract period for one or more successive periods pursuant to an
option provided in the contract or a modification to the contract.''.
SEC. 804. FUNDING FOR CONTRACT CEILINGS FOR CERTAIN MULTIYEAR
PROCUREMENT CONTRACTS.
(a) Multiyear Contracts Relating to Property.--Section 2306b(g) of
title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``Before any'';
(2) by striking ``Committee'' through ``House of
Representatives'' and inserting ``congressional defense
committees''; and
(3) by adding at the end the following new paragraph:
``(2) In the case of a contract described in subsection (a) with a
cancellation ceiling described in paragraph (1), if the budget for the
contract does not include proposed funding for the costs of contract
cancellation up to the cancellation ceiling established in the
contract, the head of the agency concerned shall, as part of the
certification required by subsection (i)(1)(A), give written
notification to the congressional defense committees of--
``(A) the cancellation ceiling amounts planned for each
program year in the proposed multiyear procurement contract,
together with the reasons for the amounts planned;
``(B) the extent to which costs of contract cancellation
are not included in the budget for the contract; and
``(C) a financial risk assessment of not including
budgeting for costs of contract cancellation, including
proposed funding sources to meet such cancellation costs if the
contract is canceled.''.
(b) Multiyear Contracts Relating to Services.--Section 2306c(d) of
title 10, United States Code, is amended--
(1) in paragraphs (1), (3), and (4), by striking
``committees of Congress named in paragraph (5)'' and inserting
``congressional defense committees'' each place it appears; and
(2) by amending paragraph (5) to read as follows:
``(5) In the case of a contract described in subsection (a) with a
cancellation ceiling described in paragraph (4), if the budget for the
contract does not include proposed funding for the costs of contract
cancellation up to the cancellation ceiling established in the
contract, the head of the agency concerned shall give written
notification to the congressional defense committees of--
``(A) the cancellation ceiling amounts planned for each
program year in the proposed multiyear procurement contract,
together with the reasons for the amounts planned;
``(B) the extent to which costs of contract cancellation
are not included in the budget for the contract; and
``(C) a financial risk assessment of not including
budgeting for costs of contract cancellation, including
proposed funding sources to meet such cancellation costs if the
contract is canceled.''
SEC. 805. INCREASED THRESHOLD FOR REQUIRING CONTRACTORS TO PROVIDE
SPECIFIED EMPLOYEE INFORMATION TO COOPERATIVE AGREEMENT
HOLDERS.
Section 2416(d) of title 10, United States Code, is amended by
striking ``$500,000'' and inserting ``$1,000,000''.
SEC. 806. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION
PROCEDURES.
Section 4202(e) of the Clinger-Cohen Act (division D of Public Law
104-106; 110 Stat. 652; 10 U.S.C. 2304 note) is amended by striking
``January 1, 2006'' and inserting ``October 1, 2009''.
SEC. 807. AUTHORITY TO ADJUST ACQUISITION-RELATED DOLLAR THRESHOLDS FOR
INFLATION.
(a) Inflation Adjustment Authority.--The FAR Council and the heads
of executive agencies may adjust the dollar thresholds in procurement
laws in order to maintain the constant dollar value of the threshold,
taking into account the effect of inflation on the threshold.
(b) Limitation on Exercise of Authority.--Adjustments of dollar
thresholds under subsection (a) may be carried out--
(1) by the FAR Council only with respect to procurement
laws that apply to executive agencies generally; and
(2) by the head of an executive agency only with respect to
procurement laws that apply to that agency exclusively.
(c) Additional Requirements.--In adjusting a threshold under
subsection (a), the FAR Council and the head of an agency shall--
(2) consult with the Director of the Office of Management
and Budget;
(3) round the threshold, to facilitate implementation; and
(4) publish the adjusted threshold in the Federal Register.
(d) Exclusions.--This section does not apply to--
(1) dollar thresholds in sections 3141 through 3144, 3146,
and 3147 of title 40, United States Code;
(2) dollar thresholds in the Service Contract Act of 1965
(41 U.S.C. 351, et seq.); or
(3) dollar thresholds established by the United States
Trade Representative pursuant to title III of the Trade
Agreements Act of 1979 (19 U.S.C. 2511 et seq.).
(e) Definitions.--In this section:
(1) The term ``procurement law'' means any provision of law
that sets forth policies, procedures, requirements, or
restrictions for the procurement of property or services by the
Federal Government.
(2) The terms ``executive agency'' and ``procurement'' have
the meanings provided by section 4(1) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(1))
(3) The term ``FAR Council'' means the Federal Acquisition
Regulatory Council established under section 25 of the Office
of Federal Procurement Policy Act (41 U.S.C. 421)).
Subtitle B--United States Defense Industrial Base Provisions
SEC. 811. DEFENSE TRADE RECIPROCITY.
(a) In General.--Chapter 148 of title 10, United States Code, is
amended by inserting after section 2532 the following new section:
``Sec. 2532a. Defense trade reciprocity
``(a) Policy.--(1) It is the policy of Congress that procurement
regulations used in the conduct of trade in defense articles and
defense services shall be based on the principle of fair trade and
reciprocity consistent with United States national security, including
the need to ensure comprehensive manufacturing capability in the United
States defense industrial base for military system essential items.
``(2) The Secretary of Defense shall make every effort to ensure
that the policies and practices of the Department of Defense reflect
the goal of establishing an equitable trading relationship between the
United States and its foreign defense trade partners, including
ensuring that United States firms and United States employment in the
defense sector are not disadvantaged by unilateral procurement
practices by foreign governments, such as the imposition of offset
agreements or similar requirements in defense procurements by those
governments. In pursuing this goal, the Secretary shall--
``(A) develop a comprehensive defense acquisition trade
policy that provides the necessary guidance and incentives for
the elimination of offset agreements as an accepted practice in
defense trade; and
``(B) review and make necessary modifications to existing
acquisition policies and strategies, and review and seek to
make necessary modifications to existing memoranda of
understanding, cooperative project agreements, or related
agreements with foreign defense trade partners, to reflect this
goal.
``(b) Requirement.--The Secretary of Defense may not enter into a
contract, or approve or permit any subcontract under a contract entered
into by the Department of Defense, for the procurement of any defense
article or defense service from a foreign firm unless the country in
which the foreign firm performs substantially all of its manufacturing,
production, and research and development activities in the performance
of the contract (or subcontract) agrees to apply offset agreements to
the procurement of defense articles and defense services from the
United States firms in the same manner and to the same degree as such
agreements are applied by the Department of Defense to the procurement
of defense articles and defense services from that country.
``(c) Exception.--Subsection (b) does not apply to a contract or
subcontract for the procurement of a defense article or defense service
from a foreign firm if the Secretary of Defense determines in writing,
with respect to the specific contract or subcontract, that an exception
to subsection (b) is necessary for the Department to be able to meet
national security objectives.
``(d) Notification Required When Exception Applied.--The Secretary
of Defense may not apply an exception under subsection (c) until--
``(1) a notification of the intent to apply such exception
is submitted to the congressional defense committees and
published in the Federal Register; and
``(2) a period of 30 days has expired after the date on
which such notification is so submitted and published.
``(e) Authority to Apply Exception Not Delegable.--The authority of
the Secretary to apply the exception under subsection (c) may not be
delegated to any officer or employee in a position at a level lower
than the position of the Under Secretary of Defense for Acquisition,
Technology, and Logistics.-
``(f) Regulations.--The Secretary shall prescribe regulations to
implement this section in the Department of Defense supplement to the
Federal Acquisition Regulation.
``(g) Effective Date.--This section and the regulations prescribed
under this section shall apply to contracts and subcontracts entered
into on and after the date occurring one year after the date of the
enactment of this Act.
``(h) Definitions.--In this section:
``(1) The term `foreign firm' means a business entity that
performs substantially all of its manufacturing, production,
and research and development activities outside of the United
States.
``(2) The term `United States firm' means a business entity
that performs substantially all of its manufacturing,
production, and research and development activities in the
United States.
``(3) The term `foreign defense trade partner' means a
foreign country with respect to which there is--
``(A) a memorandum of understanding or related
agreement described in section 2531(a) of title 10,
United States Code; or
``(B) a cooperative project agreement described in
section 27 of the Arms Export Control Act (22 U.S.C.
2767).
``(4) The term `offset agreement' has the meaning provided
that term by section 36(e) of the Arms Export Control Act (22
U.S.C. 2776(e)).
``(5) The terms `defense article' and `defense service'
have the meanings provided those terms by section 47(7) of the
Arms Export Control Act (22 U.S.C. 2794(7)).
``(6) The term `military system essential item' means an
item on the military system essential item breakout list
produced pursuant to section 813(b) of the National Defense
Authorization Act for Fiscal Year 2004 (P.L. 108-136; 117 Stat.
1544).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2532a. Defense trade reciprocity.''.
SEC. 812. AMENDMENTS TO DOMESTIC SOURCE REQUIREMENTS.
(a) Notice.--Section 2533a of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(k) Notification Required When Certain Exceptions Applied.--(1)
Funds appropriated or otherwise available to the Department of Defense
may not be used to enter into a contract to procure an item described
in subsection (b) pursuant to an exception set forth in subsection (c)
or (e) until--
``(A) a notification of the intent to apply such exception
is submitted to Congress and posted on the website maintained
by the General Services Administration known as FedBizOpps.gov
(or any successor site); and
``(B) a period of 15 days has expired after the date on
which such notification is so submitted and published.
``(2) In any case in which the Secretary of Defense or the
Secretary of the military department concerned intends to apply or
applies the exception set forth in subsection (d)(1), the Secretary
concerned shall submit to Congress a notification of such intent or
such application during the period beginning six months before the date
of application of such exception and ending six months after the date
of application of such exception.''.
(b) Clothing Materials and Components Covered.--Subsection (b) of
section 2533a of title 10, United States Code, is amended in paragraph
(1)(B) by inserting before the semicolon the following: ``and the
materials and components thereof, other than sensors, electronics, or
other items added to, and not normally associated with, clothing (and
the materials and components thereof)''.
SEC. 813. THREE-YEAR EXTENSION OF RESTRICTION ON ACQUISITION OF
POLYACRYLONITRILE (PAN) CARBON FIBER FROM FOREIGN
SOURCES.
The Secretary of Defense shall delay by three years the phase-out
of the restriction on acquisition of polyacrylonitrile (PAN) carbon
fiber from foreign sources (described in subpart 225.7103 of the
Department of Defense supplement to the Federal Acquisition
Regulation). In implementing such delay, the Secretary shall revise the
appplicable regulations to ensure that such restriction applies to--
(1) solicitations and contracts issued on or before May 31,
2006, for major systems that are not yet in production; and
(2) solicitations and contracts issued during the period
beginning June 1, 2006, and ending May 31, 2008, for major
systems that are not yet in engineering and manufacturing
development.
SEC. 814. GRANT PROGRAM FOR DEFENSE CONTRACTORS TO IMPLEMENT STRATEGIES
TO AVOID OUTSOURCING OF JOBS.
(a) Grant Program Authorized.--The Secretary of Defense may make
grants under this section for fiscal year 2005 to qualified defense
contractor groups for the purposes described in subsection (b).
(b) Grant Purposes.--A grant may be made under this section for the
purpose of implementing a strategy to avoid the outsourcing of jobs by
a defense contractor, including the following strategies:
(1) Cost-cutting measures.
(2) Retraining programs.
(3) Technology development.
(4) Plant upgrades.
(c) Application.--A grant may not be awarded under this section
unless an application is submitted to, and approved by, the Secretary.
Such an application--
(1) shall be submitted by a qualified defense contractor
group in such form and manner as the Secretary may require; and
(2) shall contain--
(A) a description of the strategy proposed for
avoiding the outsourcing of at least 10 jobs in the
performance of a defense contract by the defense
contractor concerned; and
(B) such other information as the Secretary may
require.
(d) Definitions.--In this section:
(1) The term ``qualified defense contractor group'', with
respect to a defense contractor, is a group or person
representing--
(A) management of the contractor;
(B) a labor organization that represents employees
of the contractor; or
(C) employees of the contractor.
(2) The term ``outsourcing'', with respect to a defense
contract, includes the performance outside the United States of
work under the contract.
(e) Federal Share.--The Federal share of the costs of the strategy
carried out with a grant under this section may not exceed 50 percent.
(f) Use of Defense Industrial Capabilities Fund for Grants.--(1)
Notwithstanding section 814(c) of the National Defense Authorization
Act for Fiscal Year 2004 (P.L. 108-136; 117 Stat. 1545), amounts in the
Defense Industrial Base Capabilities Fund may be used for grants under
this section.
(2) For fiscal year 2005, up to $50,000,000 of amounts available in
such Fund may be used to carry out this section.
(g) Authorization of Funds.--There are authorized to be
appropriated to the Defense Industrial Base Capabilities Fund
$50,000,000 for purposes of providing grants under this section.
SEC. 815. PREFERENCE FOR DOMESTIC FREIGHT FORWARDING SERVICES.
(a) Preference.--In the procurement of transportation services
described in subsection (b), the Secretary of Defense shall give
preference to any freight forwarder that--
(1) certifies to the Department of Defense that it is owned
and controlled by citizens of the United States; and
(2) offers services at fair and reasonable rates.
(b) Services Covered.--Subsection (a) applies to transportation
services to, from, or within Iraq or Afghanistan, and warehousing,
logistics, or other similar services performed within Iraq or
Afghanistan.
Subtitle C--Other Acquisition Matters
SEC. 821. SUSTAINMENT AND MODERNIZATION PLANS FOR EXISTING SYSTEMS
WHILE REPLACEMENT SYSTEMS ARE UNDER DEVELOPMENT.
(a) Existing Systems to Be Maintained While Replacement Systems are
Under Development.--(1) Chapter 144 of title 10, United States Code, is
amended by inserting after section 2436 the following new section:
``Sec. 2437. Development of major defense acquisition programs:
sustainment and modernization of system to be replaced
``(a) Requirement for Sustaining and Modernizing Existing Forces.--
(1) The Secretary of Defense shall require that, whenever a new major
defense acquisition program begins development, the defense acquisition
authority responsible for that program shall develop a plan (to be
known as a sustainment and modernization plan) for the existing system
that the system under development is intended to replace. Any such
sustainment and modernization plan shall provide for budgeting,
sustaining, and modernizing the existing system until the replacement
system to be developed under the major defense acquisition program is
fielded and assumes the majority responsibility for the mission of the
existing system. This section does not apply to a major defense
acquisition that reaches initial operational capability before October
1, 2008.
``(2) In this section, the term ``defense acquisition authority''
means the Secretary of a military department or the commander of the
United States Special Operations Command.
``(b) Sustainment and Modernization Plan.--The Secretary of Defense
shall require that each sustainment and modernization plan under this
section include, at a minimum, the following:
``(1) The milestone schedule for the development of the
major defense acquisition program, including low-rate initial
production, initial operational capability, full-rate
production, full operational capability, and the date when the
replacement system assumes the majority responsibility for the
mission of the existing system.
``(2) An analysis of the existing system to determine the
following:
``(A) A sustainment plan and budget requirements
necessary to provide service life extension to the
existing system at acceptable reliability and
availability rates.
``(B) A modernization plan and budget requirements
necessary to maintain mission capability against the
relevant threats.
``(C) A modernization plan and budget requirements
necessary--
``(i) to transfer mature technologies from
the new system or other systems so that the
mission capability of the existing system is
enhanced against relevant threats; and
``(ii) to provide interoperability with the
new system during the period from initial
fielding until the new system assumes the
majority of responsibility for the mission of
the existing system.
``(c) Annual Review.--Each fiscal year, before the submission to
Congress of the President's budget for the next fiscal year, the
Secretary of Defense shall review the schedule performance of each
replacement major defense acquisition program for which a sustainment
and modernization plan has been developed under this section to compare
that performance with the schedule set forth under subsection (b)(1).
If the schedule for the program has changed, then the Secretary shall
notify the congressional defense committees of such change.
``(d) Exceptions.--Subsection (a) shall not apply to a major
defense acquisition program if the Secretary of Defense determines
that--
``(1) the existing system is no longer relevant to the
mission;
``(2) the mission has been eliminated;
``(3) the mission has been consolidated with another
mission in such a manner that another existing system can
adequately meet the mission requirements; or
``(4) the duration of time until the new system assumes the
majority of responsibility for the existing system's mission is
sufficiently short so that mission availability, capability,
interoperability, and force protection requirements are
maintained.
``(e) Waiver.--The Secretary of Defense may waive the applicability
of subsection (a) to a major defense acquisition program if the
Secretary determines that, but for such a waiver, the Department would
be unable to meet national security objectives. Whenever the Secretary
makes such a determination and authorizes such a waiver, the Secretary
shall submit notice of such waiver and of the Secretary's determination
and the reasons therefor in writing to the congressional defense
committees.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2436 the
following new item:
``2437. Development of major defense acquisition programs: sustainment
and modernization of system to be replaced
.''.
(b) Application to Existing Programs in Development.--Section 2437
of title 10, United States Code, as added by subsection (a), shall
apply with respect to a major defense acquisition program that is under
development as of the date of the enactment of this Act and is not
expected to reach initial operational capability before October 1,
2008. The Secretary of Defense shall require that a sustainment and
modernization plan under that section be developed not later than one
year after the date of the enactment of this Act for the existing
system that the system under development is intended to replace.
SEC. 822. REVIEW AND DEMONSTRATION PROJECT RELATING TO CONTRACTOR
EMPLOYEES.
(a) General Review.--(1) The Secretary of Defense shall conduct a
review of policies, procedures, practices, and penalties of the
Department of Defense relating to employees of defense contractors for
purposes of ensuring that the Department of Defense is in compliance
with Executive Order No. 12989 (relating to a prohibition on entering
into contracts with contractors that are not in compliance with the
Immigration and Nationality Act).
(2) In conducting the review, the Secretary shall--
(A) identify potential weaknesses and areas for improvement
in existing policies, procedures, practices, and penalties;
(B) develop and implement reforms to strengthen, upgrade,
and improve policies, procedures, practices, and penalties of
the Department of Defense and its contractors; and
(C) review and analyze reforms developed pursuant to this
paragraph to identify for purposes of national implementation
those which are most efficient and effective.
(3) The review under this subsection shall be completed not later
than 180 days after the date of the enactment of this Act.
(b) Demonstration Project.--The Secretary of Defense shall conduct
a demonstration project in accordance with this section, in one or more
regions selected by the Secretary, for purposes of promoting greater
contracting opportunities for contractors offering effective, reliable
staffing plans to perform defense contracts that ensure all contract
personnel employed for such projects, including management employees,
professional employees, craft labor personnel, and administrative
personnel, are lawful residents or persons properly authorized to be
employed in the United States and properly qualified to perform
services required under the contract. The demonstration project shall
focus on contracts for construction, renovation, maintenance, and
repair services for military installations.
(c) Demonstration Project Procurement Procedures.--As part of the
demonstration project under subsection (b), the Secretary of Defense
shall conduct a competition in which there is a provision in contract
solicitations and request for proposal documents to require significant
weight or credit be allocated to--
(1) reliable, effective workforce programs offered by
prospective contractors that provide background checks and
other measures to ensure the contractor is in compliance with
the Immigration and Nationality Act; and
(2) reliable, effective project staffing plans offered by
prospective contractors that specify for all contract employees
(including management employees, professionals, and craft labor
personnel) the skills, training, and qualifications of such
persons and the labor supply sources and hiring plans or
procedures used for employing such persons.
(d) Implementation of Demonstration Project.--The Secretary of
Defense shall begin operation of the demonstration project required
under this section after completion of the review under subsection (a),
but in no event later than 270 days after the date of the enactment of
this Act.
(e) Report on Demonstration Project.--Not later than six months
after award of a contract under the demonstration project, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report setting forth a
review of the demonstration project and recommendations on the actions,
if any, that can be implemented to ensure compliance by the Department
of Defense with Executive Order No. 12989.
(f) Definition.--In this section, the term ``military
installation'' means a base, camp, post, station, yard, center,
homeport facility for any ship, or other activity under the
jurisdiction of the Department of Defense, including any leased
facility, which is located within any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, American Samoa,
the Virgin Islands, or Guam. Such term does not include any facility
used primarily for civil works, rivers and harbors projects, or flood
control projects.
SEC. 823. DEFENSE ACQUISITION WORKFORCE LIMITATION AND REPORTS.
(a) Defense Acquisition and Support Personnel Limitation.--(1)
Effective October 1, 2005, the number of defense acquisition and
support personnel in the Department of Defense may not exceed 95
percent of the baseline number.
(2) For purposes of paragraph (1), the baseline number is the
number of defense acquisition and support personnel as of October 1,
2004.
(3) All determinations of personnel strengths for purposes of this
section shall be on the basis of full-time equivalent positions.
(b) GAO Study and Report on Defense Acquisition and Support
Personnel.--(1) The Comptroller General shall conduct a study of
Department of Defense management of defense acquisition and support
personnel. The study shall include--
(A) an analysis of the number and structure of defense
acquisition and support personnel; and
(B) an assessment of the size, mission, composition, and
projected workload requirements of defense acquisition and
support personnel.
(2) The Comptroller General shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on the
results of the study conducted under this subsection not later than
March 1, 2005.
(c) Defense Acquisition University Study and Report on Defense
Acquisition and Support Personnel.--(1) The Defense Acquisition
University shall conduct a study of all the training programs offered
to defense acquisition and support personnel.
(2) The Defense Acquisition University shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the study conducted under
this subsection not later than March 1, 2005. The report shall
include--
(A) the number of individuals currently certified within
the field they are working in; and
(B) recommendations on how to improve education and
productivity for defense acquisition and support personnel,
including recommendations for additional training program
requirements.
(d) Definition.--In this section, the term ``defense acquisition
and support personnel'' means members of the Armed Forces and civilian
personnel (other than civilian personnel who are employed at a
maintenance depot) who are assigned to, or employed in, acquisition
organizations of the Department of Defense (as specified in Department
of Defense Instruction numbered 5000.58, dated January 14, 1992), and
any other organization that, as determined by the Secretary, has
acquisition as its predominant mission.
SEC. 824. PROVISION OF INFORMATION TO CONGRESS TO ENHANCE TRANSPARENCY
IN CONTRACTING.
Upon request of the chairman or ranking member of the Committee on
Armed Services of the Senate or House of Representatives, the Secretary
of Defense shall provide, with respect to any contract or task or
delivery order under a task or delivery order contract entered into by
the Department of Defense, within 14 days after receipt of the request,
unredacted copies of any documents required to be maintained in the
contracting office contract file, the contract administration office
contract file, and the paying office contract file pursuant to subpart
4.8 of the Federal Acquisition Regulation, including--
(1) copies of the contract and all modifications;
(2) orders issued under the contract;
(3) justifications and approvals;
(4) any government estimate of contract price;
(5) source selection documentation;
(6) cost or price analysis;
(7) audit reports;
(8) justification for type of contract;
(9) authority for deviations from regulations, statutory
requirements, or other restrictions;
(10) bills, invoices, vouchers, and supporting documents;
and
(11) records of payments or receipts.
TITLE IX--DEPARTMENT OF
DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. CHANGE IN TITLE OF SECRETARY OF THE NAVY TO SECRETARY OF THE
NAVY AND MARINE CORPS.
(a) Change in Title.--The position of the Secretary of the Navy is
hereby redesignated as the Secretary of the Navy and Marine Corps.
(b) References.--Any reference to the Secretary of the Navy in any
law, regulation, document, record, or other paper of the United States
shall be considered to be a reference to the Secretary of the Navy and
Marine Corps.
SEC. 902. TRANSFER OF CENTER FOR THE STUDY OF CHINESE MILITARY AFFAIRS
FROM NATIONAL DEFENSE UNIVERSITY TO UNITED STATES-CHINA
ECONOMIC AND SECURITY REVIEW COMMISSION.
(a) Transfer.--The Center for the Study of Chinese Military Affairs
established by section 914 of the National Defense Authorization Act
for Fiscal Year 2000 (10 U.S.C. 2165 note) is transferred from the
National Defense University of the Department of Defense to the United
States-China Economic and Security Review Commission.
(b) Conforming Amendment.--Subsection (a) of section 914 of the
National Defense Authorization Act for 2000 (10 U.S.C. 2165 note) is
amended to read as follows:
``(a) Establishment.--There shall be a Center for the Study of
Chinese Military Affairs organized under the United States-China
Economic and Security Review Commission established by section 1238 of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001 (22 U.S.C. 7002).''.
(c) Repeal of Obsolete Provisions.--Such section is further amended
by striking subsections (d) and (e).
(d) Technical Amendments to Commission Charter.--(1) Section
1238(c) of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (22 U.S.C. 7002) is amended--
(1) in paragraph (1)--
(A) by striking ``(beginning in 2002)''; and
(B) by adding at the end the following new
sentence: ``The report shall include a full discussion
of the activities of the Commission under each of the
subparagraphs of paragraph (2).''; and
(2) in paragraph (2)--
(A) by striking the matter preceding subparagraph
(A) and inserting the following:
``(2) Areas of focus.--The Commission shall focus, in lieu
of any other area of work or study, on the following:''; and
(B) by replacing subparagraphs (A) through (J) with
the text of subparagraphs (A) through (I) of section
2(c)(2) of division P of Public Law 108-7 (22 U.S.C.
7002 note).
(2) Section 2(c)(2) of division P of Public Law 108-7 (22 U.S.C.
7002 note) is repealed.
(e) Effective Date.--Subsection (a) and the amendment made by
subsection (b) shall take effect at the end of the 90-day period
beginning on the date of the enactment of this Act.
SEC. 903. TRANSFER TO SECRETARY OF THE ARMY OF RESPONSIBILITY FOR
ASSEMBLED CHEMICAL WEAPONS ALTERNATIVES PROGRAM.
Effective January 1, 2005, the text of section 142 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 50 U.S.C. 1521 note) is amended to read as
follows:
``(a) Program Management.--(1) The program manager for the
Assembled Chemical Weapons Alternatives program shall report to the
Secretary of the Army.
``(2) The Secretary of the Army shall provide for that program to
be managed as part of the management organization within the Department
of the Army specified in section 1412(e) of Public Law 99-145 (50
U.S.C. 1521(e)).
``(b) Continued Implementation of Previously Selected Alternative
Technologies.--(1) In carrying out the destruction of lethal chemical
munitions at Pueblo Chemical Depot, Colorado, the Secretary of the Army
shall continue to implement fully the alternative technology for such
destruction at that depot selected by the Under Secretary of Defense
for Acquisition, Technology, and Logistics on July 16, 2002.
``(2) In carrying out the destruction of lethal chemical munitions
at Blue Grass Army Depot, Kentucky, the Secretary of the Army shall
continue to implement fully the alternative technology for such
destruction at that depot selected by the Under Secretary of Defense
for Acquisition, Technology, and Logistics on February 3, 2003.''.
SEC. 904. MODIFICATION OF OBLIGATED SERVICE REQUIREMENTS UNDER NATIONAL
SECURITY EDUCATION PROGRAM.
(a) In General.--Subsection (b)(2) of section 802 of the David L.
Boren National Security Education Act of 1991 (50 U.S.C. 1902) is
amended by striking subparagraphs (A) and (B), as added by section
925(a) of the National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 117 Stat. 1578), and inserting the following:
``(A) in the case of a recipient of a scholarship,
as soon as practicable but in no case later than three
years after the completion by the recipient of the
study for which scholarship assistance was provided
under the program, the recipient shall work for a
period of one year--
``(i) in a national security position that
the Secretary certifies is appropriate to use
the unique language and region expertise
acquired by the recipient pursuant to such
study in the Department of Defense, in any
element of the intelligence community, in the
Department of Homeland Security, or in the
Department of State; or
``(ii) in such a position in any other
Federal department or agency not referred to in
clause (i) if the recipient demonstrates to the
Secretary that no position is available in a
Federal department or agency specified in
clause (i); or
``(B) in the case of a recipient of a fellowship,
as soon as practicable but in no case later than two
years after the completion by the recipient of the
study for which fellowship assistance was provided
under the program, the recipient shall work for a
period equal to the duration of assistance provided
under the program, but in no case less than one year--
``(i) in a position described in
subparagraph (A)(i) that the Secretary
certifies is appropriate to use the unique
language and region expertise acquired by the
recipient pursuant to such study; or
``(ii) in such a position in any other
Federal department or agency not referred to in
clause (i) if the recipient demonstrates to the
Secretary that no position is available in a
Federal department or agency specified in
clause (i); and''.
(b) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out the amendment made by subsection (a). In
prescribing such regulations, the Secretary shall establish standards
that recipients of scholarship and fellowship assistance under the
program under such section 802 are required to demonstrate to satisfy
the requirement of a good faith effort to gain employment as required
under subparagraphs (A) and (B) of subsection (b)(2) of such section.
(c) Applicability.--(1) The amendment made by subsection (a) shall
apply with respect to service agreements entered into under the David
L. Boren National Security Education Act of 1991 on or after the date
of the enactment of this Act.
(2) The amendment made by subsection (a) shall not affect the
force, validity, or terms of any service agreement entered into under
the David L. Boren National Security Education Act of 1991 before the
date of the enactment of this Act that is in force as of that date.
SEC. 905. CHANGE OF MEMBERSHIP OF CERTAIN COUNCILS.
(a) Membership of Armed Forces Policy Council.--Section 171(a) of
title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(14) The Commandant of the Coast Guard, for discussion of
matters pertaining to the Coast Guard.''.
(b) Membership of Council Under Section 179.--Subsection (a) of
section 179 of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(4) The Under Secretary of Defense for Policy.''.
(b) Conforming and Clarifying Amendments.--Such subsection is
further amended in the matter preceding paragraph (1)--
(1) by striking ``Joint''; and
(2) by striking ``composed of three members as follows:''
and inserting ``operated as a joint activity of the Department
of Defense and the Department of Energy. The membership of the
Council is comprised of the following officers of those
departments:''.
(c) Other Technical and Clarifying Amendments.--Such section is
further amended as follows:
(1) Subsection (c)(3)(B) is amended by striking
``appointed'' and inserting ``designated''.
(2) Subsection (e) is amended by striking ``In addition''
and all that follows through ``also'' and inserting ``The
Council shall''.
(3) Subsection (f) is amended by striking ``Committee on''
the first place it appears and all that follows through
``Representatives'' and inserting ``congressional defense
committees''.
(d) Stylistic Amendments.--Such section is further amended as
follows:
(1) Subsection (a) is amended by inserting ``Establishment;
Membership.--'' after ``(a)''.
(2) Subsection (b) is amended by inserting ``Chairman;
Meetings.--'' after ``(b)''.
(3) Subsection (c) is amended by inserting ``Staff and
Administrative Services; Staff Director.--'' after ``(c)''.
(4) Subsection (d) is amended by inserting
``Responsibilities.--'' after ``(d)''.
(5) Subsection (e) is amended by inserting ``Report on
Difficulties Relating to Safety or Reliability.--'' after
``(e)''.
(6) Subsection (f) is amended by inserting ``Annual
Report.--'' after ``(f)''.
(e) Further Conforming Amendment.--Section 3212(e) of the National
Nuclear Security Administration Act (50 U.S.C. 2402(e)) is amended--
(1) by striking ``Joint'' in the subsection heading; and
(2) by striking ``Joint''.
SEC. 906. ACTIONS TO PREVENT THE ABUSE OF DETAINEES.
(a) Policies Required.--The Secretary of Defense shall prescribe
policies regarding procedures for the Armed Forces and other elements
of the Department of Defense and contractor personnel of the Department
of Defense intended to prevent the conditions leading to acts of abuse
of detainees who are held by the United States as part of the Global
War on Terrorism. Policies under this subsection shall be prescribed
not later than 120 days after the date of the enactment of this Act.
(b) Matters to be Included.--In order to achieve the objective
stated in subsection (a), the policies on the prevention of abuse of
detainees under that subsection shall specify, at a minimum, procedures
for the following:
(1) Ensuring that commanders of detention facilities and
commanders of interrogation facilities provide all assigned
personnel (including contractor personnel) with training, and
documented acknowledgement of receiving training, regarding the
Geneva Convention Relative to the Treatment of Prisoners of War
and established Standing Operating Procedures for the treatment
of detainees. Training provided under this paragraph to
contractor personnel shall be at least comparable in degree to
that provided to members of the Armed Forces.
(2) Providing all detainees with information, in their own
language, of the protections afforded under the Geneva
Convention Relative to the Treatment of Prisoners of War.
(3) Conducting periodic unannounced and announced
inspections of prisons and other areas where detainees are held
in order to provide continued oversight of interrogation and
detention operations.
(4) Prohibiting contact between male guards and female
detainees and between female guards and male detainees, except
under exigent circumstances.
(c) Reports to Congress.--The Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives--
(1) a copy of the policies prescribed pursuant to
subsection (a), immediately after those policies are
prescribed; and
(2) a report on the implementation of those policies, not
later than one year after the date on which those policies are
prescribed.
SEC. 907. RESPONSES TO CONGRESSIONAL INQUIRIES.
(a) In General.--(1) Chapter 3 of title 10, United States Code, is
amended by inserting after section 113a the following new section:
``Sec. 113b. Response to congressional inquiries
``Whenever the Secretary of Defense or any other official of the
Department of Defense is requested by the chairman of the Committee on
Armed Services of the Senate or the chairman of the Committee on Armed
Services of the House of Representatives to respond to a question or
inquiry submitted by the chairman or another member of that committee
pursuant to a committee hearing or other activity, the Secretary (or
other official) shall respond to the request, in writing, within 21
days of the date on which the request is transmitted to the Secretary
(or other official).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
113a the following new item:
``113b. Response to congressional inquiries.''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon determination
by the Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of authorizations
made available to the Department of Defense in this division for fiscal
year 2005 between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred shall
be merged with and be available for the same purposes as the
authorization to which transferred.
(2) The total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$3,000,000,000. Of such amount, $500,000,000 may be used only for a
transfer from an account for an active component to an account for a
reserve component, or from an account of a reserve component to an
account of an active component, of the same Armed Force.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred;
(2) may not be used to provide authority for an item that
has been denied authorization by Congress; and
(3) may not be combined with the authority provided under
section 1522.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. BUDGET JUSTIFICATION DOCUMENTS FOR OPERATION AND
MAINTENANCE.
(a) In General.--(1) Chapter 9 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 232. Operations and maintenance budget presentation
``(a) In General.--In this section
``(1) The term `O&M justification documents' means
Department of Defense budget justification documents with
respect to accounts for operation and maintenance submitted to
the congressional defense committees in support of the
Department of Defense component of the President's budget for
any fiscal year.
``(2) The term `President's budget' means the budget of the
President submitted to Congress under section 1105 of title 31
for any fiscal year.
``(3) The term `current year' means the fiscal year during
which the President's budget is submitted in any year.
``(b) Identification of Baseline Amounts in O&M Justification
Documents.--In any case in which the amount requested in the
President's budget for a fiscal year for a Department of Defense
operations and maintenance program, project, or activity is different
from the amount appropriated for that program, project, or activity for
the current year, the O&M justification documents supporting that
budget shall identify that appropriated amount and the difference
between that amount and the amount requested in the budget, stated as
an amount and as a percentage.
``(c) Personal Service Contracts.--In the O&M justification
documents for any fiscal year, costs programmed in the budget for that
fiscal year for Department of Defense for personal service contracts,
and the number of personal service contractors to be used by the
Department of Defense during that fiscal year who will be compensated
at an annual rate in excess of the annual rate of salary of the Vice
President under section 104 of title 3, shall be separately set forth
and identified.
``(d) Navy Subactivities for Ship Depot Maintenance and for
Intermediate Ship Maintenance.--In the O&M justification documents for
the Navy for any fiscal year, amounts requested for ship depot
maintenance and amounts requested for intermediate ship maintenance
shall be set forth as separate budget subactivity groups.
``(e) Civilian Average Salary Costs.--In the O&M justification
documents for any fiscal year, average civilian salary costs, shown by
subactivity group, shall be set forth as a component of the personnel
summary exhibit.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``232. Operations and maintenance budget presentation.''.
(b) Components of Line Items for Other Costs and Other Contracts.--
Not later than March 1, 2005, the Secretary of Defense shall submit to
the congressional defense committees a report setting forth the
component elements of the line items identified as ``Other Costs'' and
``Other Contracts'' in the exhibit identified as ``Summary of Price and
Program Changes'' in the budget justification materials submitted to
those committees in support of the budget for fiscal year 2006.
SEC. 1003. RETENTION OF FEES FROM INTELLECTUAL PROPERTY LICENSES.
(a) In General.--Chapter 165 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2788. Licensing of intellectual property of the military
departments; authority to charge and retain fees
``(a) Authority to Retain Fees.--(1) Under regulations prescribed
by the Secretary of Defense, the Secretary concerned may license
trademarks, service marks, certification marks, and collective marks
owned by a military department and may retain and expend fees received
from such licensing in accordance with subsection (b).
``(2) In this section, the terms `trademark', `service mark',
`certification mark', `collective mark', and `mark' have the meanings
given those terms in section 45 of the Trademark Act of 1946 (15 U.S.C.
1127).
``(b) Use of Licensing Fees.--(1) Funds received by a military
department from licensing under subsection (a)(1) shall be used for the
expenses incurred by the department in securing the registration of
marks owned by the department and in licensing those marks.
``(2) If the amount of fees received by a military department
during any fiscal year from the licensing of marks exceeds the
anticipated expenses under paragraph (1) during that year, the
Secretary concerned may designate those funds as excess and expend them
as provided in paragraph (3).
``(3) Not more than 50 percent of any such excess funds shall be
available for military personnel recruiting and retention activities of
the department. The remainder of such funds shall be available for
morale, welfare, and recreation activities of the department.
``(4) Funds received pursuant to subsection (a)(1) shall remain
available for two years after the end of the fiscal year during which
the funds are received.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2788. Licensing of intellectual property of the military departments;
authority to charge and retain fees.''.
SEC. 1004. AUTHORITY TO WAIVE CLAIMS OF THE UNITED STATES WHEN AMOUNTS
RECOVERABLE ARE LESS THAN COSTS OF COLLECTION.
(a) Authority.--Chapter 165 of title 10, United States Code, is
amended by inserting after section 2780 the following new section:
``Sec. 2780a. Debt collection: general waiver authority for small
amounts owed the United States
``(a) Authority.--In the case of an indebtedness to the United
States described in subsection (b) that is for an amount that is less
than the threshold amount specified in subsection (c), the Secretary of
Defense may, under regulations prescribed under this section, cancel
the indebtedness and waive recovery of the amount owed. Such authority
may be used only when, based on a cost-benefit analysis, the Secretary
determines that the costs of collection are expected to exceed the
amount recoverable.
``(b) Covered Debts.--(1) Except as provided in paragraph (2), this
section applies with respect to amounts owed to the United States that
arise out of the activities of, or that are referred to, the Department
of Defense (including amounts owed by members of the armed forces and
Department of Defense civilian personnel).
``(2) The authority under this section does not apply to amounts
owed to the United States arising out of activities of the Department
of Defense that have been referred to another executive agency for
collection action or that are otherwise within the purview of another
executive agency.
``(c) Maximum Amount Waivable.--The threshold amount referred to in
subsection (a) is the micropurchase threshold amount in effect under
section 32 of the Office of Federal Procurement Policy Act (41 U.S.C.
428).
``(d) Regulations.--The Secretary of Defense shall prescribe
regulations for the purposes of this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2780 the following new item:
``2780a. Debt collection: general waiver authority for small amounts
owed the United States.''.
SEC. 1005. REPEAL OF FUNDING RESTRICTIONS CONCERNING DEVELOPMENT OF
MEDICAL COUNTERMEASURES AGAINST BIOLOGICAL WARFARE
THREATS.
(a) Repeal.--Section 2370a of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 139 of such title is amended by striking the item relating to
that section.
SEC. 1006. REPORT ON BUDGETING FOR EXCHANGE RATES FOR FOREIGN CURRENCY
FLUCTUATIONS.
(a) Secretary of Defense Report.--(1) Not later than December 1,
2004, the Secretary Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on the
foreign currency exchange rate projection used in annual Department of
Defense budget presentations.
(2) In the report under paragraph (1), the Secretary shall--
(A) identify alternative approaches for selecting foreign
currency exchange rates that would produce more realistic
estimates of amounts required to be appropriated or otherwise
made available for the Department of Defense to accommodate
foreign currency exchange rate fluctuations;
(B) address the advantages and disadvantages of each
approach identified pursuant to subparagraph (A);
(C) identify the Secretary's preferred approach among the
alternatives identified pursuant to subparagraph (A) and
provide the Secretary's rationale for preferring that approach.
(3) In identifying alternative approaches pursuant to paragraph
(2)(A), the Secretary shall examine--
(A) approaches used by other Federal departments and
agencies; and
(B) the feasibility of using private economic forecasting.
(b) Comptroller General Review and Report.--The Comptroller General
of the United States shall review the report under subsection (a),
including the basis for the Secretary's conclusions stated in the
report, and shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report containing the Comptroller
General's conclusions with respect to that report. Such report shall be
submitted not later than January 15, 2005.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. AUTHORITY FOR AWARD OF CONTRACTS FOR SHIP DISMANTLING ON
NET-COST BASIS.
(a) In General.--Chapter 633 of title 10, United States Code, is
amended by inserting after section 7305 the following new section:
``Sec. 7305a. Vessels stricken from Naval Vessel Register: contracts
for dismantling on net-cost basis
``(a) Authority for Net-Cost Basis Contracts.--When the Secretary
of the Navy awards a contract for the dismantling of a vessel stricken
from the Naval Vessel Register, the Secretary may award the contract on
a net-cost basis.
``(b) Retention by Contractor of Proceeds of Sale of Scrap and
Reusable Items.--When the Secretary awards a contract on a net-cost
basis under subsection (a), the Secretary shall provide in the contract
that the contractor may retain the proceeds from the sale of scrap and
reusable items removed from the vessel dismantled under the contract.
``(c) Definitions.--In this section:
``(1) The term `net-cost basis', with respect to a contract
for the dismantling of a vessel, means that the amount to be
paid to the contractor under the contract for dismantling and
for removal and disposal of hazardous waste material is
discounted by the offeror's estimate of the value of scrap and
reusable items that the contractor will remove from the vessel
during performance of the contract.
``(2) The term `scrap' means personal property that has no
value except for its basic material content.
``(3) The term `reusable item' means a demilitarized
component or a removable portion of a vessel or equipment that
the Secretary of the Navy has identified as excess to the needs
of the Navy but which has potential resale value on the open
market.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7305 the following new item:
``7305a. Vessels stricken from Naval Vessel Register: contracts for
dismantling on net-cost basis.''.
SEC. 1012. INDEPENDENT STUDY TO ASSESS COST EFFECTIVENESS OF THE NAVY
SHIP CONSTRUCTION PROGRAM.
(a) Study.--The Secretary of Defense shall provide for a study, to
be conducted by an entity independent of the Department of Defense, of
the cost effectiveness of the ship construction program of the Navy.
The purpose of the study shall be to examine both--
(1) a variety of approaches by which the Navy ship
construction program could be made more efficient in the near
term; and
(2) a variety of approaches by which, with a nationally
integrated effort over the next decade, the United States
shipbuilding industry might be made competitive globally.
(b) Near Term Improvements in Efficiency.--With respect to the
examination under subsection (a)(1) of approaches by which the Navy
ship construction program could be made more efficient in the near
term, the Secretary shall provide for the entity conducting the study--
(1) to determine, with respect to each approach so
examined, the cost savings that could result from
implementation of that approach over each of the next 10 years;
(2) to recommend one or more of the approaches examined
under subsection (a)(1) for implementation; and
(3) for each approach recommended under paragraph (2) for
implementation, to develop a concept and implementation plan by
which the recommended improvements could best be phased into
the naval ship construction program.
(c) Global Competitiveness of United States Shipbuilding
Industry.--With respect to the examination under subsection (a)(2) of
approaches by which, with a nationally integrated effort over the next
decade, the United States shipbuilding industry might be made
competitive globally, the Secretary shall provide for the entity
conducting the study--
(1) to develop a plan to modernize the United States
shipbuilding infrastructure within the next decade in order to
make the United States shipbuilding industry more competitive
globally; and
(2) to estimate the resources required to carry out a
modernization plan developed under paragraph (1).
(d) Report.--Not later than June 1, 2005, the Secretary of Defense
shall submit to the congressional defense committees a report providing
the results of the study under subsection (a). The report shall include
the matters specified in subsections (b) and (c).
SEC. 1013. AUTHORITY TO TRANSFER SPECIFIED FORMER NAVAL VESSELS TO
CERTAIN FOREIGN COUNTRIES.
(a) Authority to transfer by Grant.--The Prsident is authorized to
transfer vessels to foreign countries on a grant basis under section
516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), as
follows:
(1) Chile.--The ``SPRUANCE'' class destroyer O'BANNON (DD-
987) to the Government of Chile.
(2) Portugal.--The ``OLIVER HAZARD PERRY'' class guided
missile frigate GEORGE PHILIP (FFG-12) to the Government of
Portugal.
(b) Authority to transfer by Sale.--The President is authorized to
transfer on a sale basis under section 21 of the Arms Export Control
Act (22 U.S.C. 2761) the ``ANCHORAGE'' class dock landing ship
ANCHORAGE (LSD-36) to the Taipei Economic and Cultural Representative
Office in the United States (which is the Taiwan instrumentality
designated pursuant to section 10(a) of the Taiwan Relations Act).
(c) Grants Not Counted in Annual Total of Transferred Excess
Defense Articles.--The value of a vessel transferred to another country
on a grant basis under section 516 of the Foreign Assistance Act of
1961 (22 U.S.C. 2321j) pursuant to authority provided by subsection (a)
shall not be counted for the purposes of subsection (g) of that section
in the aggregate value of excess defense articles transferred to
countries under that section in any fiscal year.
(d) Costs of Transfers.--Any expense incurred by the United States
in connection with a transfer authorized by this section shall be
charged to the recipient (notwithstanding section 516(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j (e)) in the case of a transfer
authorized to be made on a grant basis under subsection (a)).
(e) Repair and Refurbishment in United States Shipyards.--To the
maximum extent practicable, the President shall require, as a condition
of the transfer of a vessel under this section, that the country to
which the vessel is transferred have such repair or refurbishment of
the vessel as is needed, before the vessel joins the naval forces of
that country, performed at a shipyard located in the United States,
including a United States Navy shipyard.
(f) Expiration of Authority.--The authority to transfer a vessel
under this section shall expire at the end of the two-year period
beginning on the date of the enactment of this Act.
SEC. 1014. LIMITATION ON LEASING OF FOREIGN-BUILT VESSELS.
(a) In General.--(1) Chapter 141 of title 10, United States Code,
is amended by inserting after section 2401a the following new section:
``Sec. 2401b. Limitation on lease of foreign-built vessels
``(a) Limitation.--The Secretary of a military department may not
make a contract for a lease or charter of a vessel for a term of more
than 12 months (including all options to renew or extend the contract)
if the hull, a major component of the hull, or superstructure of the
vessel is constructed in a foreign shipyard.
``(b) Presidential Waiver for National Security Interest.--(1) The
President may authorize exceptions to the limitation in subsection (a)
when the President determines that it is in the national security
interest of the United States to do so.
``(2) The President shall transmit notice to Congress of any such
determination, and no contract may be made pursuant to the exception
authorized until the end of the 30-day period beginning on the date on
which the notice of the determination is received by Congress.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2401a the
following new item:
``2401b. Limitation on lease of foreign-built vessels.''.
(b) Effective Date.--Section 2401b of title 10, United States Code,
as added by subsection (a), shall apply with respect to contracts
entered into after the date of the enactment of this Act.
Subtitle C--Sunken Military Craft
SEC. 1021. PRESERVATION OF TITLE TO SUNKEN MILITARY CRAFT AND
ASSOCIATED CONTENTS.
Right, title, and interest of the United States in and to any
United States sunken military craft shall not be extinguished by the
passage of time, regardless of when the sunken military craft sank.
SEC. 1022. PROHIBITIONS.
(a) Unauthorized Activities Directed at Sunken Military Craft.--No
person shall engage in or attempt to engage in any activity directed at
a sunken military craft that disturbs, removes, or injures any sunken
military craft, except--
(1) as authorized by a permit under this subtitle;
(2) as authorized by regulations issued under this
subtitle; or
(3) as otherwise authorized by law.
(b) Possession of Sunken Military Craft.--No person may possess,
disturb, remove, or injure any sunken military craft in violation of--
(1) this section; or
(2) any prohibition, rule, regulation, ordinance, or permit
that applies under any other applicable Federal, foreign, or
other law.
(c) Limitations on Application.--
(1) Actions by united states.--This section shall not apply
to actions taken by, or at the direction of, the United States.
(2) Foreign persons.--This section shall not apply to any
action by a person who is not a citizen, national, or resident
alien of the United States, except in accordance with--
(A) generally recognized principles of
international law;
(B) an agreement between the United States and the
foreign country of which the person is a citizen; or
(C) in the case of an individual who is a crew
member or other individual on a foreign vessel or
foreign aircraft, an agreement between the United
States and the flag State of the foreign vessel or
aircraft that applies to the individual.
(3) Loan of sunken military craft.--This section does not
prohibit the loan of United States sunken military craft in
accordance with regulations issued by the Secretary concerned.
SEC. 1023. PERMITS.
(a) In General.--The Secretary concerned may issue a permit
authorizing a person to engage in an activity otherwise prohibited by
section 1022 with respect to a United States military craft, for
archaeological, historical, or educational purposes, in accordance with
regulations issued by such Secretary that implement this section.
(b) Consistency With Other Laws.--The Secretary concerned shall
require that any activity carried out under a permit issued by such
Secretary under this section must be consistent with all requirements
and restrictions that apply under any other provision of Federal law.
(c) Consultation.--In carrying out this section (including the
issuance after the date of the enactment of this Act of regulations
implementing this section), the Secretary concerned shall consult with
the head of each Federal agency having authority under Federal law with
respect to activities directed at sunken military craft or the
locations of such craft.
SEC. 1024. PENALTIES.
(a) In General.--Any person who violates this subtitle, or any
regulation or permit issued under this subtitle, shall be liable to the
United States for a civil penalty under this section.
(b) Assessment and Amount.--The Secretary concerned may assess a
civil penalty under this section, after notice and an opportunity for a
hearing, of not more than $100,000 for each violation.
(c) Continuing Violations.--Each day of a continued violation of
this subtitle or a regulation or permit issued under this subtitle
shall constitute a separate violation for purposes of this section.
SEC. 1025. LIABILITY FOR DAMAGES.
(a) In General.--Any person who engages in an activity in violation
of section 1022 or any regulation or permit issued under this subtitle
that disturbs, removes, or injures any United States sunken military
craft shall pay the United States enforcement costs and damages
resulting from such disturbance, removal, or injury.
(b) Included Damages.--Damages referred to in subsection (a) may
include--
(1) the reasonable costs incurred in storage, restoration,
care, maintenance, conservation, and curation of any sunken
military craft that is disturbed, removed, or injured in
violation of section 1022 or any regulation or permit issued
under this subtitle; and
(2) the cost of retrieving, from the site where the sunken
military craft was disturbed, removed, or injured, any
information of an archaeological, historical, or cultural
nature.
SEC. 1026. RELATIONSHIP TO OTHER LAWS.
(a) In General.--Except to the extent that an activity is
undertaken as a subterfuge for activities prohibited by this subtitle,
nothing in this subtitle is intended to affect--
(1) any activity that is not directed at a sunken military
craft; or
(2) the traditional high seas freedoms of navigation,
including--
(A) the laying of submarine cables and pipelines;
(B) operation of vessels;
(C) fishing; or
(D) other internationally lawful uses of the sea
related to such freedoms.
(b) International Law.--This subtitle and any regulations
implementing this subtitle shall be applied in accordance with
generally recognized principles of international law and in accordance
with the treaties, conventions, and other agreements to which the
United States is a party.
(c) Law of Finds.--The law of finds shall not apply to any United
States sunken military craft, wherever located.
(d) Law of Salvage.--No salvage rights or awards shall be granted
with respect to any sunken military craft without the express
permission of the United States.
(e) Law of Capture or Prize.--Nothing in this subtitle is intended
to alter the international law of capture or prize with respect to
sunken military craft.
(f) Limitation of Liability.--Nothing in sections 4281 through 4287
and 4289 of the Revised Statutes (46 U.S.C. App. 181 et seq.) or
section 3 of the Act of February 13, 1893 (chapter 105; 27 Stat. 445;
46 U.S.C. App. 192), shall limit the liability of any person under this
section.
(g) Authorities of the Commandant of the Coast Guard.--Nothing in
this subtitle is intended to preclude or limit the application of any
other law enforcement authorities of the Commandant of the Coast Guard.
(h) Prior Delegations, Authorizations, and Related Regulations.--
Nothing in this subtitle shall invalidate any prior delegation,
authorization, or related regulation that is consistent with this
subtitle.
(i) Criminal Law.--Nothing in this subtitle is intended to prevent
the United States from pursuing criminal sanctions for plundering of
wrecks, larceny of Government property, or violation of any applicable
criminal law.
SEC. 1027. ENCOURAGEMENT OF AGREEMENTS WITH FOREIGN COUNTRIES.
The Secretary of State, in consultation with the Secretary of
Defense, is encouraged to negotiate and conclude bilateral and
multilateral agreements with foreign countries with regard to sunken
military craft consistent with this subtitle.
SEC. 1028. DEFINITIONS.
In this subtitle:
(1) Associated contents.--The term ``associated contents''
means--
(A) the equipment, cargo, and contents of a sunken
military craft that are within its debris field; and
(B) the remains and personal effects of the crew
and passengers of a sunken military craft that are
within its debris field.
(2) Secretary.--The term ``Secretary'' means the Secretary
of a military department.
(3) Sunken military aircraft.--The term ``sunken military
aircraft'' means any sunken military aircraft that was owned or
operated by the United States when it sank.
(4) Sunken military craft.--The term ``sunken military
craft'' means any sunken military vessel, sunken military
aircraft, or associated contents, or any portion thereof, the
title to which has not been abandoned or transferred in a
manner prescribed by the United States.
(5) Sunken military vessel.--The term ``sunken military
vessel'' means any sunken warship or naval auxiliary of the
United States that is a public vessel as that term is used in
the Act of March 3, 1925 (chapter 428; 46 U.S.C. App. 781 et
seq.), popularly known as the Public Vessels Act.
(6) United states contiguous zone.--The term ``United
States contiguous zone'' means the contiguous zone of the
United States under Presidential Proclamation 7219, dated
September 2, 1999.
(7) United states internal waters.--The term ``United
States internal waters'' means all waters of the United States
on the landward side of the baseline from which the breadth of
the United States territorial sea is measured.
(8) United states territorial sea.--The term ``United
States territorial sea'' means the waters of the United States
territorial sea under Presidential Proclamation 5928, dated
December 27, 1988.
(9) United states waters.--The term ``United States
waters'' means United States internal waters, the United States
territorial sea, and the United States contiguous zone.
Subtitle D--Counter-Drug Activities
SEC. 1031. CONTINUATION OF AUTHORITY TO USE DEPARTMENT OF DEFENSE FUNDS
FOR UNIFIED COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN
COLOMBIA.
(a) Authority to Provide Assistance.--During fiscal years 2005 and
2006, the Secretary of Defense may use funds made available to the
Department of Defense for drug interdiction and counter-drug activities
to provide assistance to the Government of Colombia--
(1) to support a unified campaign against narcotics
trafficking in Colombia;
(2) to support a unified campaign against activities by
designated terrorist organizations, such as the Revolutionary
Armed Forces of Colombia (FARC), the National Liberation Army
(ELN), and the United Self-Defense Forces of Colombia (AUC);
and
(3) to take actions to protect human health and welfare in
emergency circumstances, including undertaking rescue
operations.
(b) Relation to Other Assistance Authority.--The authority provided
by subsection (a) is in addition to other provisions of law authorizing
the provision of assistance to the Government of Colombia.
SEC. 1032. LIMITATION ON NUMBER OF UNITED STATES MILITARY PERSONNEL IN
COLOMBIA.
(a) Limitation.--None of the funds available to the Department of
Defense for any fiscal year may be used to support or maintain more
than 500 members of the Armed Forces on duty in the Republic of
Colombia at any time.
(b) Exclusion of Certain Members.--For purposes of determining
compliance with the limitation in subsection (a), the Secretary of
Defense may exclude the following military personnel:
(1) A member of the Armed Forces in the Republic of
Colombia for the purpose of rescuing or retrieving United
States military or civilian Government personnel, except that
the period for which such a member may be so excluded may not
exceed 30 days unless expressly authorized by law.
(2) A member of the Armed Forces assigned to the United
States Embassy in Colombia as an attache, as a member of the
security assistance office, or as a member of the Marine Corps
security contingent.
(3) A member of the Armed Forces in Colombia to participate
in relief efforts in responding to a natural disaster.
(4) Nonoperational transient military personnel.
(5) A member of the Armed Forces making a port call from a
military vessel in Colombia.
Subtitle E--Reports
SEC. 1041. STUDY OF CONTINUED REQUIREMENT FOR TWO-CREW MANNING FOR
BALLISTIC MISSILE SUBMARINES.
(a) Study and Determination.--The Secretary of Defense shall
conduct a study of whether the practice of using two alternating crews
(referred to as the ``Gold Crew'' and the ``Blue Crew'') for manning of
ballistic missile submarines (SSBNs) continues to be justified under
the changed circumstances since the end of the Cold War and, based on
that study, shall make a determination of whether that two-crew manning
practice should be continued or should be modified or terminated.
(b) Report.--Not later than six months after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
providing notice of the Secretary's determination under subsection (a)
and the reasons for that determination.
SEC. 1042. STUDY OF EFFECT ON DEFENSE INDUSTRIAL BASE OF ELIMINATION OF
UNITED STATES DOMESTIC FIREARMS MANUFACTURING BASE.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional defense
committees a report describing in detail the effect on both military
readiness and the defense industrial base that would result from the
elimination of the United States domestic firearms manufacturing base.
SEC. 1043. STUDY OF EXTENT AND QUALITY OF TRAINING PROVIDED TO MEMBERS
OF THE ARMED SERVICES TO PREPARE FOR POST-CONFLICT
OPERATIONS.
(a) Study Required.--The Secretary of Defense shall conduct a study
to determine the extent to which members of the Armed Forces assigned
to duty in support of contingency operations receive training in
preparation for post-conflict operations and to evaluate the quality of
such training
(b) Matters Included in Study.--As part of the study under
subsection (a), the Secretary shall specifically evaluate the
following:
(1) The doctrine, training, and leader-development system
necessary to enable members of the Armed Forces to successfully
operate in post-conflict operations.
(2) The adequacy of curricula at military educational
facilities to ensure that the Armed Forces has a cadre of
members skilled in post-conflict duties, foreign languages, and
foreign cultures.
(3) The training time and resources available to members
and units to develop cultural awareness about ethnic
backgrounds, religious beliefs, and political loyalties of the
people living in areas in which the Armed Forces operate.
(4) The organization of the combatant commands to conduct
post-conflict operations.
(c) Submission of Study Results.--Not later than March 15, 2005,
the Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives a report containing the results of the study
conducted under this section.
Subtitle F--Security Matters
SEC. 1051. USE OF NATIONAL DRIVER REGISTER FOR PERSONNEL SECURITY
INVESTIGATIONS AND DETERMINATIONS.
Section 30305(b) of title 49, United States Code, is amended--
(1) by redesignating paragraphs (9) through (11) as
paragraphs (10) through (12), respectively; and
(2) by inserting after paragraph (8) the following new
paragraph:
``(9) An individual who has or is seeking access to national
security information for purposes of Executive Order 12968, or any
successor Executive order, or an individual who is being investigated
for Federal employment under authority of Executive Order 10450, or any
successor Executive order, may request the chief driver licensing
official of a State to provide information about the individual
pursuant to subsection (a) of this section to a Federal department or
agency that is authorized to investigate the individual for the purpose
of assisting in the determination of the eligibility of the individual
for access to national security information or for Federal employment.
A Federal department or agency that receives such information about an
individual may use it in accordance with applicable law.''.
SEC. 1052. STANDARDS FOR DISQUALIFICATION FROM ELIGIBILITY FOR
DEPARTMENT OF DEFENSE SECURITY CLEARANCE .
(a) Disqualified Persons.--Subsection (c)(1) of section 986 of
title 10, United States Code, is amended--
(1) by striking ``and'' and inserting ``, was''; and
(2) and inserting before the period at the end the
following: ``, and was incarcerated as a result of that
sentence for not less than one year''.
(b) Waiver Authority.--Subsection (d) of such section is amended to
read as follows:
``(d) Waiver Authority.--In a meritorious case, an exception to the
prohibition in subsection (a) may be authorized for a person described
in paragraph (1) or (4) of subsection (c) if there are mitigating
factors. Any such waiver may be authorized only in accordance with
standards and procedures prescribed by, or under the authority of, an
Executive order or other guidance issued by the President.''.
Subtitle G--Transportation-Related Matters
SEC. 1061. USE OF MILITARY AIRCRAFT TO TRANSPORT MAIL TO AND FROM
OVERSEAS LOCATIONS.
(a) Authority for Use of Military Aircraft.--Section 3401 of title
39, United States Code, is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1)(A), by
striking ``title 49,'' and inserting ``title 49, or on
military aircraft at rates not to exceed those so fixed
and determined for scheduled United States air
carriers,''; and
(B) in the sentence following paragraph (3), by
striking ``carriers'' each place it appears and
inserting ``carriers and military aircraft''; and
(2) in subsection (c)--
(A) in the first sentence, by striking ``title
49,'' and inserting ``title 49, or on military aircraft
at rates not to exceed those so fixed and determined
for scheduled United States air carriers,''; and
(B) in the second sentence--
(i) by inserting ``and military aircraft''
after ``carriers'' the first place it appears;
and
(ii) by striking ``by air carriers other
than scheduled United States air carriers'' and
inserting ``by other than scheduled United
States air carriers and military aircraft''.
(b) Definition.--Such section is further amended by adding at the
end the following new subsection:
``(g) In this section, the term `military aircraft' means an
aircraft owned, operated, or chartered by the Department of Defense.''.
SEC. 1062. REORGANIZATION AND CLARIFICATION OF CERTAIN PROVISIONS
RELATING TO CONTROL AND SUPERVISION OF TRANSPORTATION
WITHIN THE DEPARTMENT OF DEFENSE.
(a) Transfer of Certain Transportation Authorities.--Sections 4744,
4745, 4746, and 4747 of title 10, United States Code, are transferred
to chapter 157 of such title, inserted (in that order) at the end of
such chapter, and redesignated as sections 2648, 2649, 2650, and 2651,
respectively.
(b) Clarification of Applicability of Transferred Authorities
Throughout the Department of Defense.--(1) Section 2648 of such title,
as transferred and redesignated by subsection (a), is amended--
(A) by striking ``Secretary of the Army'' in the matter
preceding paragraph (1) and inserting ``Secretary of Defense'';
(B) by striking ``Army transport agencies'' in the matter
preceding paragraph (1) and all that follows through ``military
transport agency of''; and
(C) by striking paragraphs (1), (2), and (3);
(D) by redesignating paragraph (4), (5), (6), and (7) as
paragraphs (1), (2), (3), and (4), respectively;
(E) by redesignating paragraph (8) as paragraph (5) and in
that paragraph striking ``persons described in clauses (1),
(2), (4), (5), and (7)'' and inserting ``members of the armed
forces, officers and employees of the Department of Defense or
the Coast Guard, and persons described i paragraphs (1), (2),
and (4)''; and
(F) by striking ``clause (7) or (8)'' in the last sentence
and inserting ``paragraph (4) or (5)''.
(2) Section 2649 of such title, as transferred and redesignated by
subsection (a), is amended--
(A) by striking the section heading and inserting the
following:
``Sec. 2649. Civilian passengers and commercial cargoes: transportation
on Department of Defense vessels'';
(B) by striking ``(1) on vessels'' and all that follows
through ``Department of the Army'';
(C) by striking ``any transport agency of''; and
(D) by striking ``Secretary of the Army'' and all that
follows through ``be transported'' and inserting ``Secretary of
Defense, be transported''.
(3) Section 2650 of such title, as transferred and redesignated by
subsection (a), is amended--
(A) in the matter preceding paragraph (1), by striking
``Army transport agencies'' and all that follows through
``military transport agency of'';
(B) in paragraph (1), by striking ``Secretary of the Army''
and inserting ``Secretary of Defense''; and
(C) in paragraph (4), by striking ``by air--'' and all that
follows through ``the transportation cannot'' and inserting
``by air, the transportation cannot''.
(4) Section 2651 of such title, as transferred and redesignated by
subsection (a), is amended by striking ``Army transport agencies'' and
all that follows and inserting ``the Department of Defense, under
regulations and at rates to be prescribed by the Secretary of
Defense.''.
(c) Repeal of Superseded and Obsolete Provisions.--The following
sections of such title are repealed: sections 4741, 4743, 9741, 9743,
and 9746.
(d) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 157
of such title is amended by adding at the end the following new
items:
``2648. Persons and supplies: sea transportation.
``2649. Civilian passengers and commercial cargoes: transportation on
Department of Defense vessels.
``2650. Civilian personnel in Alaska.
``2651. Passengers and merchandise to Guam: sea transport.''.
(2) The table of sections at the beginning of chapter 447
of such title is amended by striking the items relating to
sections 4741, 4743, 4744, 4745, 4746, and 4747.
(3) The table of sections at the beginning of chapter 947
of such title is amended by striking the items relating to
sections 9741, 9743, and 9746.
SEC. 1063. DETERMINATION OF WHETHER PRIVATE AIR CARRIERS ARE CONTROLLED
BY UNITED STATES CITIZENS FOR PURPOSES OF ELIGIBILITY FOR
GOVERNMENT CONTRACTS FOR TRANSPORTATION OF PASSENGERS OR
SUPPLIES.
Section 2710 of the Emergency Wartime Supplemental Appropriations
Act, 2003 (Public Law 108-11; 117 Stat. 601), is amended by adding at
the end the following new sentence: ``Any determination for purposes of
this section of whether (in accordance with the first proviso of this
section) an air carrier is effectively controlled by citizens of the
United States shall be made by, or shall be based on determinations
made by, the Secretary of Transportation.''.
SEC. 1064. EVALUATION OF WHETHER TO PROHIBIT CERTAIN OFFERS FOR
TRANSPORTATION OF SECURITY-SENSITIVE CARGO.
(a) Evaluation Requirement.--The Secretary of Defense shall
evaluate whether, and under what circumstances, in the award of service
contracts for domestic freight transportation for security-sensitive
cargo (such as arms, ammunitions, explosive, and classified material),
the Secretary should not consider an offer or tender from more than one
motor carrier that is part of a group of motor carriers under common
financial or administrative control. In conducting the evaluation, the
Secretary shall seek industry comment.
(b) Report.--Not later than January 1, 2005, the Secretary of
Defense shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a report on the results of the
evaluation conducted under subsection (a).
Subtitle H--Other Matters
SEC. 1071. TWO-YEAR EXTENSION OF AUTHORITY OF THE SECRETARY OF DEFENSE
TO ENGAGE IN COMMERCIAL ACTIVITIES AS SECURITY FOR
INTELLIGENCE COLLECTION ACTIVITIES ABROAD.
Section 431(a) of title 10, United States Code, is amended by
striking ``December 31, 2004'' and inserting ``December 31, 2006''.
SEC. 1072. ASSISTANCE FOR STUDY OF FEASIBILITY OF BIENNIAL
INTERNATIONAL AIR TRADE SHOW IN THE UNITED STATES AND FOR
INITIAL IMPLEMENTATION.
(a) Assistance for Community Feasibility Study.--(1) The Secretary
of Defense shall provide assistance to a community selected under
subsection (d) for expenses of a study by that community of the
feasibility of the establishment and operation of a biennial
international air trade show in the area of that community.
(2) The Secretary shall provide for the community to submit to the
Secretary a report containing the results of the study not later than
September 30, 2005. The Secretary shall promptly submit the report to
Congress, together with such comments on the report as the Secretary
considers appropriate.
(b) Assistance for Implementation.--If the community conducting the
study under subsection (a) determines that the establishment and
operation of such an air show is feasible and should be implemented,
the Secretary shall provide assistance to the community for the initial
expenses of implementing such an air show in the selected community.
(c) Amount of Assistance.--The amount of assistance provided by the
Secretary under subsections (a) and (b)--
(1) may not exceed a total of $1,000,000, to be derived
from amounts available for operation and maintenance for the
Air Force for fiscal year 2005 or later fiscal years; and
(2) may not exceed one-half of the cost of the study and
may not exceed one-half the cost of such initial
implementation.
(d) Selection of Community.--The Secretary shall select a community
for purposes of subsection (a) through the use of competitive
procedures. In making such selection, the Secretary shall give
preference to those communities that already sponsor an air show, have
demonstrated a history of supporting air shows with local resources,
and have a significant role in the aerospace community. The community
shall be selected not later than March 1, 2005.
SEC. 1073. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Clarification of Definition of ``Operational Range''.--Section
101(e)(3) of title 10, United States Code, is amended by striking
``Secretary of Defense'' and inserting ``Secretary of a military
department''.
(b) Amendments Relating to Definition of Congressional Defense
Committees.--
(1) Chapter 169 of such title is amended as follows:
(A) Paragraph (4) of section 2801(c) is amended to
read as follows:
``(4) The term `congressional defense committees' includes,
with respect to any project to be carried out by, or for the
use of, an intelligence component of the Department of
Defense--
``(A) the Permanent Select Committee on
Intelligence of the House of Representatives; and
``(B) the Select Committee on Intelligence of the
Senate.''.
(B) The following sections are amended by striking
``appropriate committees of Congress'' each place it
appears and inserting ``congressional defense
committees'': sections 2803(b), 2804(b), 2805(b)(2),
2806(c)(2), 2807(b), 2807(c), 2808(b), 2809(f)(1),
2811(d), 2812(c)(1)(A), 2813(c), 2814(a)(2)(A),
2814(g)(1), 2825(b)(1), 2827(b), 2828(f), 2835(g),
2836(f), 2837(c)(2), 2853(c)(2), 2854(b), 2854a(c)(1),
2865(e)(2), 2866(c)(2), 2875(e), 2881a(d)(2), 2881a(e),
2883(f), and 2884(a).
(2) Section 2215 is amended--
(A) by striking ``(a) Certification Required.--'';
(B) by striking ``congressional committees
specified in subsection (b)'' and inserting
``congressional defense committees''; and
(C) by striking subsection (b).
(3) Section 2306b(g) is amended by striking ``Committee
on'' the first place it appears and all that follows through
``House of Representatives'' and inserting ``congressional
defense committees''.
(4) Section 2515(d) is amended--
(A) by striking ``(1)'' before ``The Secretary'';
(B) by striking ``congressional committees
specified in paragraph (2)'' and inserting
``congressional defense committees''; and
(C) by striking paragraph (2).
(5) Section 2676(d) is amended by striking ``appropriate
committees of Congress'' at the end of the first sentence and
inserting ``congressional defense committees''.
(6) Section 2694a is amended by striking ``appropriate
committees of Congress'' in subsections (e) and (i)(1) and
inserting ``congressional defense committees''.
(c) Amendments Relating to Definition of Base Closure Laws.--
(1) Section 2694a(i) of title 10, United States Code, is
amended by striking paragraph (2).
(2) Paragraph (1) of section 1333(i) of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 10 U.S.C. 2701 note) is amended to read as follows:
``(1) Base closure law.--The term `base closure law' has
the meaning given such term in section 101(a)(17) of title 10,
United States Code.''.
(3) Subsection (b) of section 2814 of the Military
Construction Authorization Act for Fiscal Year 1995 (division B
of Public Law 103-337; 10 U.S.C. 2687 note) is amended to read
as follows:
``(b) Base Closure Law Defined.--In this section, the term `base
closure law' has the meaning given such term in section 101(a)(17) of
title 10, United States Code.''.
(4) Subsection (c) of section 3341 of title 5, United
States Code, is amended to read as follows:
``(c) For purposes of this section, the term `base closure law' has
the meaning given such term in section 101(a)(17) of title 10.''.
(5)(A) Paragraph (1) of section 554(a) of title 40, United
States Code, is amended to read as follows:
``(1) Base closure law.--The term `base closure law' has
the meaning given that term in section 101(a)(17) of title
10.''.
(B) Subparagraph (B) of section 572(b)(1) of title 40 is
amended to read as follows:
``(B) Base closure law.--The term `base closure
law' has the meaning given that term in section
101(a)(17) of title 10.''.
(d) Definition of State for Purposes of Section 2694a.--Subsection
(i) of section 2694a of title 10, United States Code, as amended by
subsections (b)(6) and (c)(1), is further amended--
(1) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, Guam, the Virgin Islands, and
American Samoa.''; and
(2) by striking paragraph (4).
(e) Miscellaneous Amendments to Title 10, United States Code.--
Title 10, United States Code, is amended as follows:
(1) The tables of chapters at the beginning of subtitle A,
and at the beginning of part I of subtitle A, are amended by
striking ``481'' in the item relating to chapter 23 and
inserting ``480''.
(2) Section 130a is amended--
(A) by striking ``Effective October 1, 2002, the''
in subsection (a) and inserting ``The'';
(B) by striking ``baseline number'' in subsection
(a) and all that follows through ``means the'' in
subsection (c);
(C) by transferring subsection (e) so as to appear
before subsection (d) and redesignating that subsection
as subsection (b);
(D) by redesignating subsections (d) and (f) as
subsection (c) and (d), respectively; and
(E) by striking subsection (g).
(3) Section 437(c) is amended by inserting ``(50 U.S.C.
415b)'' after ``National Security Act of 1947''.
(4) Section 487(d) is amended by striking ``Other
Definitions'' and inserting ``Inapplicability to Coast Guard''.
(5) Section 503(c)(1)(B) is amended by striking
``education'' in the second sentence and inserting
``educational''.
(6) Section 632(c)(1) is amended--
(A) by striking ``paragraph (2)'' and inserting
``paragraph (3)''; and
(B) by striking ``under that paragraph'' and
inserting ``under that subsection''.
(7) The item relating to section 1076b in the table of
sections at the beginning of chapter 55 is amended to read as
follows:
``1076b. TRICARE program: coverage for members of the Ready Reserve.''.
(8) Section 1108(e) is amended by striking ``heath'' and
inserting ``health''.
(9) Section 1406(g) is amended--
(A) by striking ``section 305'' and inserting
``section 245''; and
(B) by inserting ``(33 U.S.C. 3045)'' after ``of
2002''.
(10) Sections 1448(b)(1)(F), 1448(d)(2)(B), 1448(d)(6)(A),
and 1458(j) are amended by striking ``on or after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2004'' and inserting ``after November 23, 2003,''.
(11) Sections 1463(a), 1465(c)(1)(A), 1465(c)(1)(B),
1465(c)(4)(A), 1465(c)(4)(B), and 1466(b)(2)(D) are amended by
striking ``1413, 1413a,'' and inserting ``1413a''.
(12) Section 1557(b) is amended ``Effective October 1,
2002, final'' and inserting ``Final''.
(13) Section 1566 is amended--
(A) in subsection (g)(2), by striking ``the date
that is 6 months after the date of the enactment of the
Help America Vote Act of 2002'' in the last sentence
and inserting ``April 29, 2003''; and
(B) in subsections (h), (i)(1), and (i)(3), by
striking ``Armed Forces'' and inserting ``armed
forces''.
(14) Sections 1724(d) and 1732(d)(1) are amended by
striking ``its decision'' in the second sentence and inserting
``the decision of the Secretary''.
(15) Section 1761(b) is amended--
(A) in the matter preceding paragraph (1), by
striking ``provide for--'' and inserting ``provide for
the following:'';
(B) in paragraphs (1), (2), and (3), by
capitalizing the first letter of the first word;
(C) at the end of paragraphs (1) and (2), by
striking the semicolon and inserting a period;
(D) at the end of paragraph (3), by striking ``;
and'' and inserting a period; and
(E) by striking paragraph (4).
(16) Section 2193b(c)(2) is amended by striking ``the date
of the enactment of this section'' and inserting ``October 5,
1999''.
(17) Section 2224(c) is amended in the matter preceding
paragraph (1) by striking ``subtitle II of chapter 35'' and
inserting ``subchapter II of chapter 35''.
(18) Section 2349(d) is amended by striking ``section
2350a(i)(3)'' and inserting ``section 2350a(i)(2)''.
(19) Section 2350b(g) is amended--
(A) in the matter preceding paragraph (1), by
inserting ``the Secretary of Defense'' after
``authorizing''; and
(B) in paragraph (1), by striking ``the Secretary
of Defense''.
(20) Section 2540(b)(2) is amended by inserting ``, as in
effect on that date'' before the period at the end.
(21) Section 2662(a)(2) is amended--
(A) in the first sentence, by striking ``must
include a summarization'' and inserting ``shall include
a summary''; and
(B) in the second sentence, by inserting ``of
paragraph (1)'' after ``in subparagraph (E)''.
(22) Section 2672a(a) is amended--
(A) in the matter preceding paragraph (1), by
inserting ``in any case in which the Secretary
determines'' after ``in land'';
(B) in paragraph (1), by striking ``the Secretary
determines'' and inserting ``the acquisition''; and
(C) in paragraph (2), by inserting ``the
acquisition'' after ``(2)''.
(23) Section 2701 is amended--
(A) in subsection (a)(2), by inserting ``(42 U.S.C.
9620)'' before the period at the end;
(B) in subsection (c)(2), by striking ``of CERCLA
(relating to settlements)'' and inserting ``(relating
to settlements) of CERCLA (42 U.S.C. 9622)'';
(C) in subsection (e), by inserting ``(42 U.S.C.
9619)'' after ``CERCLA''; and
(D) in subsection (j)(2), by striking ``the
Comprehensive'' and all the follows through ``of 1980''
and inserting ``CERCLA''.
(24) Section 2702 is amended by inserting ``(42 U.S.C.
9660(a)(5))'' in the second sentence of subsection (a) before
the period at the end.
(25) Section 2703(b) is amended by striking ``The terms''
at the beginning of the second sentence and inserting ``For
purposes of the preceding sentence, the terms''.
(26) Section 2704 is amended by inserting ``(42 U.S.C.
9604(i))'' in subsections (c), (e), and (f) after ``CERCLA''.
(27) The second section 3755, added by section 543(b)(1) of
the Bob Stump National Defense Authorization Act for Fiscal
Year 2003 (Public Law 107-314; 116 Stat. 2549), is redesignated
as section 3756, and the item relating to that section in the
table of sections at the beginning of chapter 357 is revised to
reflect such redesignation.
(28) Section 4689 is amended by striking ``Building'' after
``Capitol''.
(29) The second section 6257, added by section 543(c)(1) of
the Bob Stump National Defense Authorization Act for Fiscal
Year 2003 (Public Law 107-314; 116 Stat. 2549), is redesignated
as section 6258, and the item relating to that section in the
table of sections at the beginning of chapter 567 is revised to
reflect such redesignation.
(30) Section 7102 is amended--
(A) by striking ``Authority'' at the beginning of
subsection (a) and inserting ``Master of Military
Studies'';
(B) by striking ``Marine Corps War College'' at the
beginning of subsection (b) and inserting ``Master of
Strategic Studies'';
(C) by striking ``Command and Staff College of the
Marine Corps University'' at the beginning of
subsection (c) and inserting ``Master of Operational
Studies''; and
(D) by striking ``subsections (a) and (b)'' in
subsection (d) and inserting ``this section''.
(31) Section 8084 is amended by striking ``capabilty'' and
inserting ``capability''.
(32) The second section 8755, added by section 543(d)(1) of
the Bob Stump National Defense Authorization Act for Fiscal
Year 2003 (Public Law 107-314; 116 Stat. 2550), is redesignated
as section 8756, and the item relating to that section in the
table of sections at the beginning of chapter 857 is revised to
reflect such redesignation.
(33) The table in section 12012(a) is amended by inserting
a colon after ``Air National Guard''.
(f) Title 37, United States Code.--Section 323(h) of title 37,
United States Code, is amended by striking ``Secretary of
Transportation'' and inserting ``Secretary of Homeland Security''.
(g) Public Law 108-136.--Effective as of November 24, 2003, and as
if included therein as enacted, the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136) is amended as follows:
(1) Sections 832(a) and 834(a) (117 Stat. 1550) are each
amended by striking ``such title'' and inserting ``title 10,
United States Code,''
(2) Section 931(a)(1) (117 Stat. 1580) is amended by
striking ``and donations'' in the first quoted matter and
inserting ``or donations''.
(3) Section 2204(b) (117 Stat. 1706) is amended by striking
``section 2101(a)'' each place it appears and inserting
``section 2201(a)''.
(h) Public Law 107-314.--Effective as of December 2, 2002, and as
if included therein as enacted, section 1064(a)(2) of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (Public Law
107-314; 116 Stat. 2654) is amended by inserting ``the item relating
to'' after ``is amended by inserting after''.
(i) Public Law 101-510.--Section 2902(e)(2)(B) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended--
(1) in clause (i), by striking ``Subcommittee on Readiness,
Sustainability, and Support'' and inserting ``Subcommittee on
Readiness and Management Support''; and
(2) in clause (ii), by striking ``Subcommittee on Military
Installations and Facilities'' and inserting ``Subcommittee on
Readiness''.
(j) National Security Act of 1947.--Sections 702(a)(6)(B)(iv)(I),
703(a)(6)(B)(iv)(I), and 704(f)(2)(D)(i) of the National Security Act
of 1947 are amended by striking ``responsible records'' and inserting
``responsive records''.
(k) Codification Relating to Leave for Attendance at Certain
Hearings.--Subsection (b) of section 363 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (10 U.S.C. 704 note)
is--
(1) transferred to section 704 of title 10, United States
Code;
(2) inserted at the end of that section;
(3) redesignated as subsection (c); and
(4) amended--
(A) by striking ``Armed Forces'' each place it
appears and inserting ``armed forces'';
(B) in paragraph (1)--
(i) by striking ``Secretary of each'' and
all that follows through ``in the Navy,'' and
inserting ``Secretary concerned''; and
(ii) by striking ``(as defined in section
101 of title 10, United States Code)''; and
(C) in paragraph (3)--
(i) by striking ``For purposes of this
subsection--'' and inserting ``In this
subsection:'';
(ii) in subparagraph (A), by striking
``title 10, United States Code'' and inserting
``this title''; and
(iii) in subparagraph (B), by striking
``such term'' and inserting ``that term''.
SEC. 1074. COMMISSION ON THE LONG-TERM IMPLEMENTATION OF THE NEW
STRATEGIC POSTURE OF THE UNITED STATES.
(a) Establishment of Commission.--
(1) Establishment.--There is hereby established a
commission to be known as the ``Commission on the Long-Term
Implementation of the New Strategic Posture of the United
States''. The Secretary of Defense shall enter into a contract
with a federally funded research and development center to
provide for the organization, management, and support of the
Commission. Such contract shall be entered into in consultation
with the Secretary of Energy.
(2) Composition.--(A) The Commission shall be composed of
12 members who shall be appointed by the Secretary of Defense.
In selecting individuals for appointment to the Commission, the
Secretary of Defense shall consult with the chairman and
ranking minority member of the Committee on Armed Services of
the Senate and the chairman and ranking minority member of the
Committee on Armed Services of the House of Representatives.
(B) Members of the Commission shall be appointed from among
private United States citizens with knowledge and expertise in
the political, military, operational, and technical aspects of
nuclear strategy.
(3) Chairman of the commission.--The Secretary of Defense
shall designate one of the members of the Commission to serve
as chairman of the Commission.
(4) Period of appointment; vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(5) Security clearances.--All members of the Commission
shall hold appropriate security clearances.
(b) Duties of Commission.--
(1) Review of Long-Term Implementation of the Nuclear
Posture Review.--The Commission shall examine long-term
programmatic requirements to achieve the goals set forth in the
report of the Secretary of Defense submitted to Congress on
December 31, 2001, providing the results of the Nuclear Posture
Review conducted pursuant to section 1041 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat. 1654,
1654A-262) and results of periodic assessments of the Nuclear
Posture Review. Matters examined by the Commission shall
include the following:
(A) The process of establishing requirements for
strategic forces and how that process accommodates
employment of nonnuclear strike platforms and munitions
in a strategic role.
(B) How strategic intelligence, reconnaissance, and
surveillance requirements differ from nuclear
intelligence, reconnaissance, and surveillance
requirements.
(C) The ability of a limited number of strategic
platforms to carry out a growing range of nonnuclear
strategic strike missions.
(D) The limits of tactical systems to perform
nonnuclear global strategic missions in a prompt
manner.
(E) An assessment of the ability of the current
nuclear stockpile to address the evolving strategic
threat environment through 2025.
(2) Recommendations.--The Commission shall include in its
report recommendations with respect to the following:
(A) Changes to the requirements process to employ
nonnuclear strike platforms and munitions in a
strategic role.
(B) Changes to the nuclear stockpile and
infrastructure required to preserve a nuclear
capability commensurate with the changes to the
strategic threat environment through 2025.
(C) Actions the Secretary of Defense and the
Secretary of Energy can take to preserve flexibility of
the defense nuclear comples while reducing the cost of
a Cold War strategic infrastructure.
(D) Identify shortfalls in the strategic
modernization programs of the United States that would
undermine the ability of the United States to develop
new nonnuclear strategic strike capabilities.
(3) Cooperation from government officials.--(A) In carrying
out its duties, the Commission shall receive the full and
timely cooperation of the Secretary of Defense, the Secretary
of Energy, and any other United States Government official in
providing the Commission with analyses, briefings, and other
information necessary for the fulfillment of its
responsibilities.
(B) The Secretary of Energy and the Secretary of Defense
shall each designate at least one officer or employee of the
Department of Energy and the Department of Defense,
respectively, to serve as a liaison officer between the
department and the Commission.
(c) Reports.--
(1) Commission report.--The Commission shall submit to the
Secretary of Defense and the Committees on Armed Services of
the Senate and House of Representatives a report on the
Commission's findings and conclusions. Such report shall be
submitted not later that 28 months after the date of the first
meeting of the Commission.
(2) Secretary of defense response.--Not later than one year
after the date on which the Commission submits its report under
paragraph (1), the Secretary of Defense shall submit to
Congress a report--
(A) commenting on the Commission's findings and
conclusions; and
(B) explaining what actions, if any, the Secretary
intends to take to implement the recommendations of the
Commission and, with respect to each such
recommendation, the Secretary's reasons for
implementing, or not implementing, the recommendation.
(d) Hearings and Procedures.--
(1) Hearings.--The Commission may, for the purpose of
carrying out the purposes of this section, hold hearings and
take testimony.
(2) Procedures.--The federally funded research and
development center with which a contract is entered into under
subsection (a)(1) shall be responsible for establishing
appropriate procedures for the Commission.
(3) Detail of government employees.--Upon request of the
chairman of the Commission, the head of any Federal department
or agency may detail, on a nonreimbursable basis, personnel of
that department or agency to the Commission to assist it in
carrying out its duties.
(e) Funding.--Funds for activities of the Commission shall be
provided from amounts appropriated for the Department of Defense.
(f) Termination of Commission.--The Commission shall terminate 60
days after the date of the submission of its report under subsection
(c)(1).
(g) Implementation.--
(1) FFRDC contract.--The Secretary of Defense shall enter
into the contract required under subsection (a)(1) not later
that 60 days after the date of the enactment of this Act.
(2) First meeting.--The Commission shall convene its first
meeting not later than 60 days after the date as of which all
members of the Commission have been appointed.
SEC. 1075. LIABILITY PROTECTION FOR CERTAIN DEPARTMENT OF DEFENSE
VOLUNTEERS WORKING IN THE MARITIME ENVIRONMENT.
(a) Authority to Accept Certain Volunteer Services.--Subsection (a)
of section 1588 of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(8) Voluntary services provided to the United States
Military Academy, United States Naval Academy, and United
States Air Force Academy for the training of cadets and
midshipmen.''.
(b) Liability Protection for Volunteers in Maritime Environment.--
Subparagraph (D) of subsection (d)(1) of such section is amended--
(1) by striking ``and'' after ``this title'' and inserting
a comma; and
(2) by inserting before the period at the end the
following: ``, and chapters 20 and 22 of title 46 (relating to
claims for damages or loss on navigable waters)''.
SEC. 1076. TRANSFER OF HISTORIC F3A-1 BREWSTER CORSAIR AIRCRAFT.
(a) Authority to Convey.--The Secretary of the Navy may convey,
without consideration, to Lex Cralley, of Princeton Minnesota (in this
section referred to as ``transferee''), all right, title and interest
of the United States in and to a F3A-1 Brewster Corsair aircraft
(Bureau Number 04634). The conveyance shall be made by means of a deed
of gift.
(b) Condition of Aircraft.--The aircraft shall be conveyed under
subsection (a) in its current unflyable, ``as is'' condition. The
Secretary is not required to repair or alter the condition of the
aircraft before conveying ownership of the aircraft.
(c) Conveyance at No Cost to the United States.--The conveyance of
the aircraft under subsection (a) shall be made at no cost to the
United States. Any costs associated with the conveyance and costs of
operation and maintenance of the aircraft conveyed shall be borne by
the transferee.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with a conveyance
under this section as the Secretary considers appropriate to protect
the interests of the United States.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
SEC. 1101. PAYMENT OF FEDERAL EMPLOYEE HEALTH BENEFIT PREMIUMS FOR
MOBILIZED FEDERAL EMPLOYEES.
(a) Authority to Continue Benefit Coverage.--Section 8905a of title
5, United States Code is amended--
(1) in subsection (a), by striking ``paragraph (1) or (2)
of'';
(2) in subsection (b)--
(A) in paragraph (1)(B), by striking ``and'' at the
end;
(B) in paragraph (2)(C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) any employee who--
``(A) is enrolled in a health benefits plan under
this chapter;
``(B) is a member of a Reserve component of the
armed forces;
``(C) is called or ordered to active duty in
support of a contingency operation (as defined in
section 101(a)(13) of title 10);
``(D) is placed on leave without pay or separated
from service to perform active duty; and
``(E) serves on active duty for a period of more
than 30 consecutive days.''; and
(4) in subsection (e)(1)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(C) in the case of an employee described in
subsection (b)(3), the date which is 24 months after
the employee is placed on leave without pay or
separated from service to perform active duty.''.
(b) Authority for Agencies To Pay Premiums.--Subparagraph (C) of
section 8906(e)(3) of such title is amended by striking ``18 months''
and inserting ``24 months''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to Federal employees called or ordered to active
duty on or after September 14, 2001.
SEC. 1102. FOREIGN LANGUAGE PROFICIENCY PAY.
Section 1596a of title 10, United States Code, is amended--
(1) in subsection (a)(2), by striking ``during a
contingency operation supported by the armed forces''; and
(2) in subsection (c), by inserting before the period at
the end the following: ``and shall not be considered base pay
for any purpose''.
SEC. 1103. PAY PARITY FOR CIVILIAN INTELLIGENCE PERSONNEL.
Section 1602 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``in relation to the
rates of pay provided in subpart D of part III of title 5 for
positions subject to that subpart which have corresponding
levels of duties and responsibilities'' and inserting ``in
relation to the rates of pay provided for Department of Defense
Senior Executive, Senior Level, and other comparable
positions''; and
(2) by amending subsection (b) to read as follows:
``(b) Performance Appraisal System.--The positions referred to in
subsection (a) shall be subject to a performance appraisal system
which, as designed and applied, is certified by the Secretary of
Defense as making meaningful distinctions based on relative performance
and may be the same performance appraisal system established and
implemented within the Department for members of the Senior Executive
Service.''.
SEC. 1104. PAY PARITY FOR SENIOR EXECUTIVES IN NONAPPROPRIATED FUND
INSTRUMENTALITIES.
(a) In General.--Chapter 81 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1599e. Senior executive compensation for nonappropriated fund
instrumentalities
``Notwithstanding any provisions of title 5, the Secretary of
Defense may regulate the amount of total compensation, including the
rate of basic pay, of senior executives employed by Department of
Defense nonappropriated fund instrumentalities, to provide for parity
with the total compensation, including basic pay, of Department of
Defense employees in the Senior Executive Service and other similar
senior executive positions.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1599d the following new item:
``1599e. Senior executive compensation for nonappropriated fund
instrumentalities.''.
SEC. 1105. PROHIBITION OF UNAUTHORIZED WEARING OR USE OF CIVILIAN
MEDALS OR DECORATIONS.
Chapter 57 of title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 1134. Civilian medals or decorations of the Department of
Defense
``(a) Prohibition.--Except with the written permission of the
Secretary of Defense or when authorized by regulations, no person may
knowingly--
``(1) wear; or
``(2) use, in connection with any merchandise, retail
product, impersonation, solicitation, or commercial activity;
medals, decorations, or other insignia awarded by the Secretary of
Defense to recognize Department of Defense civilian employees and other
individuals who render service to the Department of Defense.
``(b) Authority To Enjoin Violations.--Whenever it appears to the
Attorney General that any person is engaged or is about to engage in an
act or practice which constitutes or will constitute conduct prohibited
by subsection (a), the Attorney General may initiate a civil proceeding
in a district court of the United States to enjoin such act or
practice. Such court shall proceed as soon as practicable to the
hearing and determination of such action and may, at any time before
final determination, enter such restraining orders or prohibitions, or
take such other actions as is warranted, including imposing a civil
penalty not to exceed $25,000 for each violation, to prevent injury to
the United States or to any person or class of persons for whose
protection the action is brought.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1134. Civilian medals or decorations of the Department of Defense.''
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Matters Relating to Iraq, Afghanistan, and Global War on
Terrorism
SEC. 1201. DOCUMENTATION OF CONDITIONS IN IRAQ UNDER FORMER DICTATORIAL
GOVERNMENT AS PART OF TRANSITION TO POST-DICTATORIAL
GOVERNMENT.
(a) Findings.--The Congress makes the following findings:
(1) The regime of Saddam Hussein in Iraq was a dictatorial
regime prone to secrecy in the maintenance of its hold on
power.
(2) The people of Iraq all suffered as a result of Saddam
Hussein's dictatorial control.
(3) Efforts in other post-dictatorial states to document
the crimes and abuses of their predecessor dictatorial
governments have contributed to the process of national
reconciliation and have served as a reminder about the
importance of protecting individual rights.
(b) Transfer of Certain Documents and Records.--The Secretary of
Defense shall, to the extent practicable, establish a process for
expeditiously transferring to indigenous Iraqi entities committed to
documenting publicly the nature of the Saddam Hussein regime any
documents and records described in subsection (c) that are obtained by
United States military forces in Iraq.
(c) Covered Documents and Records.--The documents and records
referred to in subsection (b) are documents and records--
(1) that were created by--
(A) the Government of Iraq between 1968 and May 1,
2003; or
(B) the Ba'ath Socialist Party in Iraq after 1968;
and
(2) that provide insight into--
(A) the functioning of the Government of Iraq or
the Ba'ath Socialist Party in Iraq; or
(B) the crimes, atrocities, and brutal practices of
the Iraqi government towards the people of Iraq during
the period between 1968 and May 1, 2003.
SEC. 1202. SUPPORT OF MILITARY OPERATIONS TO COMBAT TERRORISM.
(a) Authority.--The Secretary of Defense may expend up to
$25,000,000 during any fiscal year during which this subsection is in
effect to provide support to foreign forces, irregular forces, groups,
or individuals engaged in supporting or facilitating ongoing military
operations by United States special operations forces to combat
terrorism.
(b) Intelligence Activities.--This section does not constitute
authority to conduct a covert action, as such term is defined in
section 503(e) of the National Security Act of 1947 (50 U.S.C.
413b(e)).
(c) Annual Report.--Not later than 30 days after the close of each
fiscal year during which subsection (a) is in effect, the Secretary of
Defense shall submit to the congressional defense committees a report
on support provided under this section during that fiscal year. Each
such report shall describe the support provided, including a statement
of the recipient of the support and the amount obligated to provide the
support.
(d) Fiscal Year 2005 Limitation.--Support may be provided under
subsection (a) during fiscal year 2005 only from funds made available
for operations and maintenance pursuant to title XV of this Act.
(e) Period of Authority.--The authority under subsection (a) is in
effect during each of fiscal years 2005 through 2007.
SEC. 1203. COMMANDERS' EMERGENCY RESPONSE PROGRAM.
(a) Fiscal Year 2005 Authority.--During fiscal year 2005, from
funds made available to the Department of Defense for operation and
maintenance pursuant to title XV of this Act, not to exceed
$300,000,000 may be used, notwithstanding any other provision of law,
to provide funds for the Commanders' Emergency Response Program,
established by the Administrator of the Coalition Provisional Authority
for the purpose of enabling military commanders in Iraq to respond to
urgent humanitarian relief and reconstruction requirements within their
areas of responsibility by carrying out programs that will immediately
assist the Iraqi people, and to provide funds for a similar program to
assist the people of Afghanistan.
(b) Quarterly Reports.--The Secretary of Defense shall submit to
the congressional defense committees a quarterly report, beginning on
January 15, 2005, regarding the source of funds and the allocation and
use of funds made available pursuant to the authorityprovided in this
section.
SEC. 1204. STATUS OF IRAQI SECURITY FORCES.
(a) Strategic Plan.--No later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a strategic plan setting forth the manner in which the United States
will achieve the goal of establishing viable and professional Iraqi
security forces able to provide for the long-term security of the Iraqi
people.
(b) Components.--The strategic plan established under subsection
(a) shall include at least the following:
(1) Recruiting and retention goals, shown for each service
of the Iraqi security forces.
(2) Training plans for each service of the Iraqi security
forces.
(3) A description of metrics by which progress toward the
goal of Iraqi provision for its own security can be measured.
(4) A description of equipment needs, shown for each
service of the Iraqi security forces.
(5) A resourcing plan for achieving the goals of the
strategic plan.
(6) Personnel plans in terms of United States military and
contractor personnel to be used in training each such service.
(7) A description of challenges faced and opportunities
presented in particular regions of Iraq and a plan for
addressing those challenges.
(8) A discussion of training and deployment successes and
failures to the date of the report and how lessons from those
successes and failures will be incorporated into the strategic
plan.
(c) Subsequent Reports.--Ninety days following the submission of
the strategic plan to Congress under subsection (a) and every 90 days
thereafter, the Secretary shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on
progress toward meeting the goals established in the strategic plan.
Each such report shall address the following:
(1) The number of forces recruited, currently serving, and
that have left (along with a break-down of the reasons for
leaving) by service over the period in question.
(2) Progress in meeting training goals.
(3) Progress in achieving other metrics as identified in
the strategic plan.
(4) A description and analysis of any training incidents
and deployment successes and failures, with a discussion of how
those incidents and successes will affect future efforts to
achieve the goals of the strategic plan.
(d) Iraqi Security Forces Defined.--In this section, the term
``Iraqi security forces'' means the Iraqi Armed Forces (IAF), the Iraqi
Civil Defense Corps (ICDC), the Iraqi Police Service (IPS), the
Department of Border Enforcement (DBE), and the Facilities Protection
Services (FCS).
SEC. 1205. GUIDANCE AND REPORT REQUIRED ON CONTRACTORS SUPPORTING
DEPLOYED FORCES IN IRAQ.
(a) Guidance.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall issue guidance on
how to manage contractors that support deployed forces and shall direct
the Secretaries of the military departments to develop procedures to
ensure implementation of the guidance. The guidance shall--
(1) establish policies for the use of contractors to
support deployed forces;
(2) delineate the roles and responsibilities of commanders
regarding the management and oversight of contractors that
support deployed forces; and
(3) integrate into a single document other guidance and
doctrine that may affect Department of Defense responsibilities
to contractors in locations where members of the Armed Forces
are deployed.
(b) Report.--Not later than 30 days after issuing the guidance
required under subsection (a), the Secretary of Defense shall submit to
the Committees on Armed Services of the House of Representatives and
the Senate a report containing a discussion of the following:
(1) A description of the process used by the Department of
Defense for deciding which security functions in Iraq will be
performed by military personnel and which by private security
companies.
(2) A discussion of the overall chain of command and
oversight mechanisms that are in place to ensure adequate
command and supervision of contractor personnel in critical
security roles.
(3) An explanation of the rules of engagement for private
security personnel throughout Iraq, along with how training in
these rules of engagement is being carried out.
(4) A description of mechanisms that exist or that are
under consideration to share intelligence and standardize
communications procedures among private security companies.
(5) Casualty and fatality figures for each contractor in
Iraq supporting deployed forces over the period beginning on
May 1, 2003, and ending on the date of the issuance of the
guidance.
(6) Disciplinary or criminal actions brought against such
contractors during the period covered by the report.
(7) Any incidents of note in Iraq regarding such
contractors during the period covered by the report.
(8) A plan for establishing and implementing a process for
collecting data on individual contractors, the value of the
contracts, and the number of personnel in Iraq performing the
following services:
(A) Personal security details.
(B) Non-military site security.
(C) Non-military convoy security.
(D) Interrogation services at interrogation centers
operated by the Department of Defense.
SEC. 1206. FINDINGS AND SENSE OF CONGRESS CONCERNING ARMY SPECIALIST
JOSEPH DARBY.
(a) Findings.--Congress makes the following findings:
(1) The need to act in accord with one's conscience,
risking one's career and even the esteem of one's colleagues by
pursuing what is right is especially important today.
(2) While the Department of Defense investigate the
horrific abuses in American detention facilities in Iraq, the
Nation should bear in mind that the abuses were only brought to
light because of the courage of an American soldier.
(3) By alerting his superiors to abuses at Abu Ghraib
prison in Iraq, Army Specialist Joseph Darby demonstrated the
courage to speak out and do what is right for his country.
(4) Such an action is especially important in light of the
many challenges facing the country.
(5) Specialist Darby deserves the Nation's thanks for
speaking up and for standing up for what is right.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense should make every protection
available to Army Specialist Joseph Darby and others who
demonstrate such courage; and
(2) Specialist Darby should be commended appropriately by
the Secretary of the Army.
Subtitle B--Other Matters
SEC. 1211. ASSIGNMENT OF ALLIED NAVAL PERSONNEL TO SUBMARINE SAFETY
PROGRAMS.
(a) In General.--Chapter 631 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 7234. Submarine safety programs: participation of allied naval
personnel
``(a) Acceptance of Assignment of Foreign Naval Personnel.--In
order to facilitate the development, standardization, and
interoperability of submarine vessel safety and rescue systems and
procedures, the Secretary of the Navy may conduct a program under which
members of the naval service of any of the member nations of the North
Atlantic Treaty Organization and Australia, Japan, the Republic of
Korea, and Sweden may be assigned to United States commands to work on
such systems and procedures.
``(b) Costs for Foreign Personnel.--(1) The United States may not
pay the following costs for a member of a foreign naval service sent to
the United States under the program authorized by this section:
``(A) Salary.
``(B) Per diem.
``(C) Cost of living.
``(D) Travel costs.
``(E) Cost of language or other training.
``(F) Other costs.
``(2) Paragraph (1) does not apply to the following costs, which
may be paid by the United States:
``(A) The cost of temporary duty directed by the United
States Navy.
``(B) The cost of training programs conducted to
familiarize, orient, or certify members of foreign naval
services regarding unique aspects of their assignments.
``(C) Costs incident to the use of the facilities of the
United States Navy in the performance of assigned duties.
``(d) Applicability to Authority to Enter Into Agreements.--The
requirements of this section shall apply in the exercise of any
authority of the Secretary of the Navy to enter into an agreement with
the government of a foreign country, subject to the concurrence of the
Secretary of State, to provide for the assignment of members of the
naval service of the foreign country to a United States Navy submarine
safety program.
``(e) Regulations.--The Secretary of the Navy may prescribe
regulations for the application of this section in the exercise of
authority referred to in subsection (d).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``7234. Submarine safety programs: participation of allied naval
personnel.''.
SEC. 1212. EXPANSION OF ENTITIES OF THE PEOPLE'S REPUBLIC OF CHINA
SUBJECT TO CERTAIN PRESIDENTIAL AUTHORITIES WHEN
OPERATING IN THE UNITED STATES.
Section 1237(b)(4)(B)(i) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701 note) is amended
by inserting after ``the People's Liberation Army'' the following: ``,
by a ministry of the government of the People's Republic of China, or
by an entity affiliated with the defense industrial base of the
People's Republic of China''.
SEC. 1213. REPORT BY PRESIDENT ON GLOBAL PEACE OPERATIONS INITIATIVE.
Not later than one year after the date of the enactment of this
Act, the President shall submit to the Congress a report on the Global
Peace Operations Initiative. The report shall include the following
elements:
(1) A summary of the goals of the Global Peace Operations
Initiative and the timetable for achieving those goals.
(2) An examination of the mechanisms by which the United
States will ensure that foreign countries acquiring new
capabilities as a result of that Initiative will use those
capabilities to the national security benefit of the United
States.
(3) An examination of the mechanisms by which the United
States will ensure that training and equipment provided under
that Initiative are used solely for the purposes of
peacekeeping and peace enforcement operations.
(4) An examination of the human rights practices of
potential recipients under that Initiative, to include a
discussion of each potential recipient's commitment to
representative government.
(5) As assessment of the financial resources required to
carry out that Initiative during fiscal years 2005 through
2009.
(6) An assessment of the effectiveness of the program of
the Department of State referred to as the African Contingency
Operations and Training Assistance program and the capacity of
that program to be expanded.
(7) A review that compares and contrasts the basic military
skills required of warfighters and the skills needed for
peacekeeping and peace enforcement operations.
(8) An assessment of the ability of military forces in the
developing world to absorb, retain, and use the advanced skills
and capabilities needed for effective peacekeeping and peace
enforcement operations.
(9) A proposal for providing sufficient resources to the
Department of State to conduct the Global Peace Operations
Initiative without significant financial contributions from the
Department of Defense.
(10) An explanation of the reasons of the Administration
for proposing to exempt the Global Peace Operations Initiative
from existing law related to the type of military and police
training the United States may provide to foreign countries.
(11) An examination of the costs and benefits of
transferring responsibility for the training and equipping of
foreign military and security forces from the Department of
State to the Department of Defense, including an identification
of any increased resources that will be provided to the
Department of Defense should the Department of Defense become
responsible for that activity.
SEC. 1214. PROCUREMENT SANCTIONS AGAINST FOREIGN PERSONS THAT TRANSFER
CERTAIN DEFENSE ARTICLES AND SERVICES TO THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Declaration of Policy.--Congress declares that it is the policy
of the United States to deny the People's Republic of China such
defense goods and defense technology that could be used to threaten the
United States or undermine the security of Taiwan or the stability of
the Western Pacific region.
(b) Procurement Sanction.--(1) The Secretary of Defense may not
procure, by contract or otherwise, any goods or services from--
(A) any foreign person the Secretary of Defense determines
has, with actual knowledge, on or after the date of the
enactment of this Act, exported, transferred, or otherwise
provided to governmental or nongovernmental entities of the
People's Republic of China any item or class of items on the
United States Munitions List (or any item or class of items
that are identical, substantially identical, or directly
competitive to an item or class of items on the United States
Munitions List); and
(B) any foreign person the Secretary of Defense
determines--
(i) is a successor entity to a person referred to
in paragraph (1);
(ii) is a parent or subsidiary of a person referred
to in paragraph (1); or
(iii) is an affiliate of a person referred to in
paragraph (1) if that affiliate is controlled in fact
by such person.
(2) The prohibition under paragraph (1) with respect to a foreign
person shall last for a period of five years after a determination is
made by the Secretary of Defense with respect to that person under
paragraph (1)(A).
(c) Public Availability of List of Sanctioned Persons.--(1) The
Secretary of Defense shall annually publish in the Federal Register a
current list of any foreign persons sanctioned under subsection (b).
The removal of foreign persons from, and the addition of foreign
persons to, the list shall also be so published.
(2) The Secretary shall maintain the list published under paragraph
(1) on the Internet website of the Department of Defense.
(d) Removal From List of Sanctioned Persons.--The Secretary of
Defense may remove a person from the list of sanctioned persons
referred to in subsection (c) only after the five-year prohibition
period imposed under subsection (b) with respect to the person has
expired.
(e) Exceptions.--(1) Subsection (b) shall not apply--
(A) to contracts, or subcontracts under such contracts, in
existence on the date of the enactment of this Act, including
options under such contracts;
(B) if the Secretary of Defense determines in writing that
the person to which the sanctions would otherwise be applied is
a sole source supplier of the goods or services being procured,
that the goods or services are essential, and that alternative
sources are not readily or reasonably available;
(C) in the case of a contract for routine servicing and
maintenance, if the Secretary of Defense determines in writing
alternative sources for performing the contract are not readily
or reasonably available; or
(D) if the Secretary of Defense determines in writing that
goods or services proposed to be procured under the contract
are essential to the national security of the United States.
(2) Determinations under paragraph (1) shall be published in the
Federal Register.
(f) Definitions.--In this section:
(1) The term ``foreign person'' has the meaning given the
term in section 14 of the Iran and Libya Sanctions Act of 1996
(50 U.S.C. 1701).
(2) The term ``United States Munitions List'' means the
list referred to in section 38(a)(1) of the Arms Export Control
Act (22 U.S.C. 2778(a)(1)).
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of CTR Programs.--For purposes of section 301 and
other provisions of this Act, Cooperative Threat Reduction programs are
the programs specified in section 1501(b) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2731; 50 U.S.C. 2362 note).
(b) Fiscal Year 2005 Cooperative Threat Reduction Funds Defined.--
As used in this title, the term ``fiscal year 2005 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs shall be available for obligation for three fiscal
years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the amount authorized to be
appropriated to the Department of Defense for fiscal year 2005 in
section 301(19) for Cooperative Threat Reduction programs, the
following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$58,522,000.
(2) For nuclear weapons transportation security in Russia,
$26,284,000.
(3) For nuclear weapons storage security in Russia,
$48,720,000.
(4) For activities designated as Other Assessments/
Administrative Support, $14,267,000.
(5) For defense and military contacts, $8,000,000.
(6) For chemical weapons destruction in Russia,
$158,400,000.
(7) For biological weapons proliferation prevention in the
former Soviet Union, $55,013,000.
(8) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$40,030,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2005 Cooperative Threat Reduction funds may
be obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (8) of subsection (a) until 30 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the
amount of funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2005 Cooperative Threat Reduction funds for
a purpose for which the obligation or expenditure of such funds is
specifically prohibited under this title or any other provision of law.
(c) Limited Authority To Vary Individual Amounts.--(1) Subject to
paragraphs (2) and (3), in any case in which the Secretary of Defense
determines that it is necessary to do so in the national interest, the
Secretary may obligate amounts appropriated for fiscal year 2005 for a
purpose listed in any of the paragraphs in subsection (a) in excess of
the specific amount authorized for that purpose.
(2) An obligation of funds for a purpose stated in any of the
paragraphs in subsection (a) in excess of the specific amount
authorized for such purpose may be made using the authority provided in
paragraph (1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for a purpose stated in any of
paragraphs (5) through (8) of subsection (a) in excess of 125 percent
of the specific amount authorized for such purpose.
SEC. 1303. TEMPORARY AUTHORITY TO WAIVE LIMITATION ON FUNDING FOR
CHEMICAL WEAPONS DESTRUCTION FACILITY IN RUSSIA.
(a) Temporary Authority.--Section 1305 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 22 U.S.C.
5952 note) shall not apply if the President submits to Congress a
written certification that includes--
(1) a statement as to why a waiver of the conditions
described in such section 1305 is important to the national
security interests of the United States;
(2) a full and complete justification for the waiver of the
conditions; and
(3) a plan to promote a full and accurate disclosure by
Russia regarding the size, content, status, and location of its
chemical weapons stockpile.
(b) Expiration.--The authority in subsection (a) shall expire on
September 30, 2005.
TITLE XIV--EXPORT CONTROLS AND COUNTERPROLIFERATION MATTERS
Subtitle A--Export Control Matters
SEC. 1401. DEFINITIONS UNDER ARMS EXPORT CONTROL ACT.
Section 47 of the Arms Export Control Act (22 U.S.C. 2794) is
amended--
(1) in paragraph (10)--
(A) by moving the margin two ems to the left; and
(B) by striking ``and'' at the end;
(2) in paragraph (11)--
(A) by moving the margin two ems to the left; and
(B) by striking the period at the end and inserting
a semicolon; and
(3) by adding at the end the following:
``(12) `license' means a document bearing the word license issued
by the United States Government agency charged with implementing
section 38 of this Act, which permits the export or import of a defense
article or defense service;
``(13) `agent' means a representative or emissary of a government
other than an officer or employee of the government; and
``(14) `exporting agent' means a freight forwarder or other
consignee designated on a license application who is authorized to act
on behalf of and the control of the license applicant.''.
SEC. 1402. EXEMPTION FROM LICENSING REQUIREMENTS FOR EXPORT OF
SIGNIFICANT MILITARY EQUIPMENT.
Section 38(b)(2) of the Arms Export Control Act (22 U.S.C.
2778(b)(2)) is amended--
(1) by striking ``(2) Except'' and inserting ``(2)(A)
Except'';
(2) by striking ``(A) for official'' and inserting ``(i)
for official'' and further by striking ``(B) for carrying out''
and inserting ``(ii) for carrying out''; and
(3) by adding at the end the following:
``(B) The President may not establish an exemption in regulation or
otherwise from the license requirements of this section for the export
of a defense article that is significant military equipment (other than
a firearm that is intended for personal use).''.
SEC. 1403. COOPERATIVE PROJECTS WITH FRIENDLY FOREIGN COUNTRIES.
Section 27 of the Arms Export Control Act (22 U.S.C. 2767) is
amended--
(1) in subsection (g) to read as follows:
``(g) Unless the President states in his certification that an
emergency exists which requires the immediate approval of the
cooperative agreement in the national security interests of the United
States (in which case the President shall set forth in the
certification a justification for this determination), an agreement
shall not be signed if, within the 30-day period specified in
subsection (f), a joint resolution prohibiting the agreement is enacted
into law.''; and
(2) by adding at the end the following:
``(k) A license shall be required for the export of defense
articles or defense services relating to a cooperative project by any
person required to be registered under section 38(b)(1)(A)(i) whenever
such export is made pursuant to, or in furtherance of, a private
contract, purchase order, or similar commercial arrangement with a
foreign corporation.''.
SEC. 1404. LICENSING REQUIREMENT FOR EXPORT OF MILITARILY CRITICAL
TECHNOLOGIES.
(a) Licensing Requirement.--The President shall require a license
under the Export Administration Regulations of the Department of
Commerce (15 C.F.R. part 730 et seq.) or the International Traffic in
Arms Regulations (22 C.F.R. part 120 et seq.), as the case may be, for
the export of goods or technologies included on the Militarily Critical
Technologies List.
(b) Definition.--In this section, the term ``Militarily Critical
Technologies List'' means the list required to be developed by the
Secretary of Defense pursuant to section 5(d)(2) of the Export
Administration Act of 1979 (50 U.S.C. App. 2404(d)(2)), as such list
was effect on January 20, 2004, and includes any goods or technologies
that have been added to the list after that date.
SEC. 1405. CONTROL OF EXPORTS OF UNITED STATES WEAPONS TECHNOLOGY TO
THE PEOPLE'S REPUBLIC OF CHINA.
A dual use good or technology subject to the jurisdiction of the
Export Administration Regulations of the Department of Commerce (15
C.F.R. part 730 et seq.) and a defense article or defense service
subject to the jurisdiction of the International Traffic in Arms
Regulations (22 C.F.R. part 120 et seq.) may be exported to a foreign
person or a foreign country that has previously exported any such item
to the military, intelligence, police, or internal security services of
the Government of the People's Republic of China that would be
prohibited for export to China if subject to United States export
control laws only if--
(1) a license for such export is approved under the Export
Administration Regulations or the International Traffic in Arms
Regulations and the Secretary of Defense concurs in the
approval of such license; and
(2) the foreign person or foreign country agrees in writing
not to transfer title to or possession of, or otherwise provide
access to, the licensed items, unless the President provides
written consent thereto.
SEC. 1406. STRENGTHENING INTERNATIONAL EXPORT CONTROLS.
(a) Finding.--The Congress recognizes that the international export
control system, as currently constituted, is insufficient to achieve
the national security interests of the United States.
(b) National Export Control Policy.--It is the policy of the United
States to seek continued negotiations of a strengthened international
export control system for the control of arms and militarily-sensitive
goods and technology to countries of concern.
(c) Presidential Reporting Requirement.--(1) Not later than 180
days after the date of the enactment of this Act, and every six months
thereafter, the President shall submit to the committees referred to in
subsection (d) a report setting forth the President's plan for
effecting a strengthened international export control system capable of
achieving the national security interests of the United States.
(2) The report shall include--
(A) an evaluation of the effectiveness of the current
international export control system;
(B) a plan for negotiating and implementing a strengthened
international export control system capable of achieving the
national security interests of the United States; and
(C) challenges to and progress in negotiating and
implementing that plan.
(d) Committees; Classification of Report.--(1) The report required
by subsection (c) shall be submitted to--
(A) the Committee on Armed Services, the Committee on
International Relations, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(B) the Committee on Armed Services, the Committee on
Banking, Housing and Urban Affairs, and the Select Committee on
Intelligence of the Senate.
(2) The report shall be submitted in unclassified form and, as
necessary, in classified form.
Subtitle B--Counterproliferation Matters
SEC. 1411. DEFENSE INTERNATIONAL COUNTERPROLIFERATION PROGRAMS.
(a) International Security Program to Prevent Unauthorized Transfer
and Transportation of WMDs.--Subsection (b) of section 1424 of the
Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C.
2333) is amended to read as follows:
``(b) Other Countries.--The Secretary of Defense may carry out
programs under subsection (a) in a country other than a country
specified in that subsection if the Secretary determines that there
exists in that country a significant threat of the unauthorized
transfer and transportation of nuclear, biological, or chemical weapons
or related materials.''.
(b) International Training Program to Deter WMD Proliferation.--
Section 1504(e)(3)(A) of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2918) is amended--
(1) by striking ``The training program referred to in
paragraph (1)(B) is a'' and inserting `The Secretary of Defense
may participate in a'';
(2) by inserting ``of'' after ``acquisition'';
(3) by striking ``and'' after ``countries''; and
(4) by inserting before the period at the end the
following: ``, and in other countries in which, as determined
by the Secretary of Defense, there exists a significant threat
of such proliferation and acquisition''.
SEC. 1412. DEFENSE COUNTERPROLIFERATION FELLOWSHIP PROGRAM.
(a) Program Authorized.--Chapter 101 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 2015. Defense counterproliferation fellowship program
``(a) Program Authority.--The Secretary of Defense may carry out a
program under which foreign military defense personnel are selected to
attend Department of Defense courses and programs in
counterproliferation and nonproliferation matters in order to improve
the ability of the foreign military defense personnel to contribute to
halting the illicit acquisition or transportation of weapons of mass
destruction or of materials that support the development or use of such
weapons.
``(b) Authority to Pay for Costs of Participants.--The Secretary of
Defense may pay for all costs (including transportation, travel, and
subsistence costs) associated with the attendance by a participant at
courses and programs in the program under this section.
``(c) Participants.--(1) The following persons may be selected for
participation in the program under this section:
``(A) Foreign military officers.
``(B) Foreign ministry of defense officials.
``(2) Participants in the program shall be selected by the
Secretary of Defense based upon recommendations made by the commanders
of the regional unified combatant commands.
``(d) Authorized Program Activities.--Participants in the program
may be selected for attendance at, and may be authorize to attend, any
of the following:
``(1) Department of Defense professional military
educational institutions.
``(2) Regional centers for security studies of the
Department of Defense.
``(e) Regulations.--The Secretary of Defense shall prescribe
regulations for the administration of the program under this
section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2015. Defense counterproliferation fellowship program.''.
Subtitle C--Initiatives Relating to Countries of Former Soviet Union
SEC. 1421. SILK ROAD INITIATIVE.
(a) Findings.--Congress makes the following findings:
(1) A number of independent states of the former Soviet
Union have been helpful to the United States in the war on
terrorism.
(2) Such states are new and struggling democracies and
would benefit considerably from assistance to create
sustainable jobs for their underemployed or unemployed
scientists, engineers, and technicians who were formerly
engaged in activities to develop and produce weapons of mass
destruction for the Russian Federation or other such state.
(b) Policies.--(1) It is the policy of the United States to seek to
establish and promote programs to prevent the proliferation, from
scientists, engineers, and technicians of the Russian Federation and
other independent states of the former Soviet Union to countries of
proliferation concern, of expertise to develop and produce weapons of
mass destruction.
(2) It is also the policy of the United States to seek to assist
independent states of the former Soviet Union that have been helpful to
the United States in the war on terrorism so as to promote the creation
of jobs that foster economic stability and democracy.
(c) Program Authorized.--(1) The Secretary of Energy may carry out
a program, to be known as the Silk Road Initiative, to promote non-
weapons-related employment opportunities in the United States and in
Silk Road nations for scientists, engineers, and technicians formerly
engaged in activities to develop and produce weapons of mass
destruction in Silk Road nations. The program should--
(A) incorporate best practices under the former Initiatives
for Proliferation Prevention program; and
(B) facilitate commercial partnerships between private
entities in the United States and scientists, engineers, and
technicians in the Silk Road nations.
(2) Before implementing the program with respect to multiple Silk
Road nations, the Secretary of Energy shall carry out a pilot program
with respect to one Silk Road nation selected by the Secretary. It is
the sense of Congress that the Secretary should select the Republic of
Georgia.
(d) Silk Road Nations Defined.--In this section, the Silk Road
nations are Armenia, Azerbaijan, the Republic of Georgia, Kazakhstan,
Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan.
(e) Funding.--Of the funds authorized to be appropriated to the
Department of Energy for nonproliferation and international security
for fiscal year 2005, $10,000,000 may be used to carry out this
section.
SEC. 1422. TELLER-KURCHATOV NONPROLIFERATION FELLOWSHIPS.
(a) In General.--(1) From amounts made available to carry out this
section, the Administrator for Nuclear Security may carry out a program
under which the Administrator awards, to scientists employed at the
Kurchatov Institute of the Russian Federation and scientists employed
at Lawrence Livermore National Laboratory, international exchange
fellowships, to be known as Teller-Kurchatov Nonproliferation
Fellowships, in the nuclear nonproliferation sciences.
(2) The purpose of the program shall be to provide opportunities
for advancement in the field of nuclear nonproliferation to scientists
who, as demonstrated by their academic or professional achievements,
show particular promise of making significant contributions in that
field.
(3) A fellowship awarded to a scientist under the program shall be
for study and training at (and, where appropriate, at an institution of
higher education in the vicinity of)--
(A) the Kurchatov Institute, in the case of a scientist
employed at Lawrence Livermore National Laboratory; and
(B) Lawrence Livermore National Laboratory, in the case of
a scientist employed at the Kurchatov Institute.
(4) The duration of a fellowship under the program may not exceed
two years, except that the Administrator may provide for a longer
duration in an individual case to the extent warranted by extraordinary
circumstances, as determined by the Administrator.
(5) In a calendar year, the Administrator may not award more than--
(A) one fellowship to a scientist employed at the Kurchatov
Institute; and
(B) one fellowship to a scientist employed at Lawrence
Livermore National Laboratory.
(6) A fellowship under the program shall include--
(A) travel expenses;
(B) any tuition and fees at an institution of higher
education for study or training under the fellowship; and
(C) any other expenses that the Administrator considers
appropriate, such as room and board.
(b) Definitions.--In this section:
(1) The term ``institution of higher education'' means a
college, university, or other educational institution that is
empowered by an appropriate authority, as determined by the
Administrator, to award degrees higher than the baccalaureate
level.
(2) The term ``nuclear nonproliferation sciences'' means
bodies of scientific knowledge relevant to developing or
advancing the means to prevent or impede the proliferation of
nuclear weaponry.
(3) The term ``scientist'' means an individual who has a
degree from an institution of higher education in a science
that has practical application in the field of nuclear
nonproliferation.
(c) Funding.--Of the funds authorized to be appropriated to the
Department of Energy for nonproliferation and international security
for fiscal year 2005, $10,000,000 may be used to carry out this
section.
SEC. 1423. COLLABORATION TO REDUCE THE RISKS OF A LAUNCH OF RUSSIAN
NUCLEAR WEAPONS.
(a) Findings.--Congress finds that, despite the ending of the Cold
War more than a decade ago, the nuclear postures and strategic command
and control systems of the Russian Federation pose risks that a nuclear
ballistic missile could be launched as the result of an accident,
misinformation, miscalculation, or unauthorized use. Such risks are
posed as a result of factors including the following:
(1) The high state of readiness of the Russian Federation's
nuclear forces.
(2) The remote locations of much of the Russian
Federation's nuclear forces.
(3) The inadequacy of the Russian Federation's early-
warning information.
(4) The very short time that would be available to the
President of the Russian Federation if the President were
informed that a nuclear ballistic missile attack was or might
be underway.
(5) The possibility that the Russian Federation, because of
concerns that much of its nuclear forces would not survive a
nuclear attack, may have a nuclear deterrence posture reliant
upon launching a retaliatory nuclear strike when it believes a
nuclear ballistic missile attack against it is or might be
underway.
(6) Deficiencies in the security and control of the nuclear
forces of the Russian Federation that could result in
unauthorized personnel gaining control of a nuclear-armed
missile or warhead.
(7) The susceptibility of nuclear strategic command and
control systems and early-warning systems to an intrusion or
accident that could create the false appearance that a nuclear
ballistic missile attack is or might be underway.
(b) Report.--(1) Not later than November 1, 2005, the Secretary of
Defense shall submit to Congress a report on the collaborative measures
that the United States and the Russian Federation could take to reduce
the risks that a nuclear ballistic missile could be launched as the
result of an accident, misinformation, miscalculation, or unauthorized
use. For each such measure, the report shall provide--
(A) specific comments on the advisability of the measure in
terms of the potential contribution of the measure to the
national security interests of the United States, including the
potential contribution of the measure in improving relations
between the United States and the Russian Federation; and
(B) a description of the obstacles and opportunities
associated with pursuing the measure.
(2) In addition to any other measure that the Secretary considers
appropriate, the report required by paragraph (1) shall cover the
following measures:
(A) The future of the Joint Data Exchange Center.
(B) Potential topics for discussion between high-level
military leaders of the United States and of the Russian
Federation on reducing the risk that a nuclear ballistic
missile could be launched as the result of an accident,
misinformation, miscalculation, or unauthorized use.
TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI
FREEDOM AND OPERATION ENDURING FREEDOM
SEC. 1501. PURPOSE.
The purpose of this title is to authorize appropriations for the
Department of Defense for fiscal year 2005, in addition to amounts
otherwise authorized by this Act, to provide funds for additional costs
due to Operation Iraqi Freedom and Operation Enduring Freedom.
Subtitle A--Authorization of Appropriations
SEC. 1511. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2005
for procurement accounts of the Army in amounts as follows:
(1) For aircraft, $498,300,000.
(2) For missiles, $42,800,000.
(3) For weapons and tracked combat vehicles, $201,900,000.
(4) For ammunition, $78,750,000.
(5) For other procurement, $1,567,410,000.
(6) For National Guard and Reserve equipment, $50,000,000.
SEC. 1512. NAVY AND MARINE CORPS PROCUREMENT.
(a) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2005 for the procurement account for the Marine Corps
in the amount of $98,190,000.
(b) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2005 for the procurement account for
ammunition for the Navy and the Marine Corps in the amount of
$38,402,000.
SEC. 1513. AIR FORCE PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2005
for the procurement account for aircraft for the Air Force in amount of
$99,000,000.
SEC. 1514. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2005
for the procurement account for Defense-wide procurement in the amount
of $720,000,000.
SEC. 1515. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year 2005
for the use of the Armed Forces for expenses, not otherwise provided
for, for operation and maintenance, in amounts as follows:
(1) For the Army, $9,607,113,000.
(2) For the Navy, $256,500,000.
(3) For the Marine Corps, $2,398,735,000.
(4) For the Air Force, $1,635,000,000.
(5) For Defense-wide, $2,327,900,000.
SEC. 1516. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2005 for expenses, not otherwise provided
for, for the Defense Health Program, in the amount of $75,000,000, for
Operation and Maintenance.
SEC. 1517. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel accounts for fiscal year 2005 a total of
$5,305,000,000.
SEC. 1518. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are in
addition to amounts otherwise authorized to be appropriated by this
Act.
SEC. 1519. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon determination
by the Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of authorizations
made available to the Department of Defense in this title for fiscal
year 2005 between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred shall
be merged with and be available for the same purposes as the
authorization to which transferred.
(2) The total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$2,500,000,000. The transfer authority provided in this section is in
addition to any other transfer authority available to the Secretary of
Defense.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred;
(2) may not be used to provide authority for an item that
has been denied authorization by Congress; and
(3) may not be combined with the authority under section
1001.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1520. DESIGNATION OF EMERGENCY AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are
designated for emergency contingency operations related to the global
war on terrorism.
Subtitle B--Personnel Provisions
SEC. 1531. THREE-YEAR INCREASE IN ACTIVE ARMY STRENGTH LEVELS.
(a) Authorized End Strengths.--(1) The end strength level
authorized for the Army for fiscal year 2005 under section 401 is
hereby increased by 10,000.
(2) For fiscal years 2006 and 2007, the Army is authorized
strengths for active duty personnel as follows:
(A) As of September 30, 2006, 502,400.
(B) As of September 30, 2007, 512,400.
(b) Statutory Minimum Active Strength Level.--The minimum strength
for the Army under section 691(b) of title 10, United States Code
(notwithstanding the number specified in paragraph (1) of that
section)--
(1) for the period beginning on October 1, 2004, and ending
on September 30, 2005, shall be the number specified in section
401(1) of this Act, increased by 10,000;
(2) for the period beginning on October 1, 2005, and ending
on September 30, 2006, shall be 502,400; and
(3) for the period beginning on October 1, 2006, and ending
on September 30, 2007, shall be 512,400.
(c) Notice to Congress.--If the Secretary of Defense, in
consultation with the Secretary of the Army, determines that
adjustments are necessary to the minimum end-strength level for the
Army in effect at any time pursuant to subsection (b), the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report providing the Secretary's
recommendations and rationale for such an adjustment. Such a report
must be submitted before the submission of the budget request for the
fiscal year for which the change would be effective.
SEC. 1532. THREE-YEAR INCREASE IN ACTIVE MARINE CORPS STRENGTH LEVELS.
(a) Authorized End Strengths.--(1) The end strength level
authorized for the Marine Corps for fiscal year 2005 under section 401
is hereby increased by 3,000.
(2) For fiscal years 2006 and 2007, the Marine Corps is authorized
strengths for active duty personnel as follows:
(A) As of September 30, 2006, 181,000.
(B) As of September 30, 2007, 184,000.
(b) Statutory Minimum Active Strength Level.--The minimum strength
for the Marine Corps under section 691(b) of title 10, United States
Code (notwithstanding the number specified in paragraph (3) of that
section)--
(1) for the period beginning on October 1, 2004, and ending
on September 30, 2005, shall be the number specified in section
401(3) of this Act, increased by 3,000;
(2) for the period beginning on October 1, 2005, and ending
on September 30, 2006, shall be 181,000; and
(3) for the period beginning on October 1, 2006, and ending
on September 30, 2007, shall be 184,000.
(c) Notice to Congress.--If the Secretary of Defense, in
consultation with the Secretary of the Navy, determines that
adjustments are necessary to the minimum end-strength level for the
Marine Corps in effect at any time pursuant to subsection (b), the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report providing the
Secretary's recommendations and rationale for such an adjustment. Such
a report must be submitted before the submission of the budget request
for the fiscal year for which the change would be effective.
SEC. 1533. EXTENSION OF INCREASED RATES FOR IMMINENT DANGER PAY AND
FAMILY SEPARATION ALLOWANCE.
(a) Imminent Danger Pay.--(1) Subsection (e) of section 310 of
title 37, United States Code, is amended by striking ``December 31,
2004'' and inserting ``December 31, 2005''.
(2) Effective January 1, 2006, such section is further amended--
(A) in subsection (a), by striking ``$150'' and inserting
``$225''; and
(B) by striking subsection (e).
(b) Family Separation Allowance.--(1) Subsection (e) of section 427
of such title is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2005''.
(2) Effective January 1, 2006, such section is further amended--
(A) in subsection (a)(1), by striking ``$100'' and
inserting ``$250''; and
(B) by striking subsection (e).
Subtitle C--Financial Management Matters
SEC. 1541. REVISED FUNDING METHODOLOGY FOR MILITARY RETIREE HEALTH CARE
BENEFITS.
(a) Revision.--Section 1116 of title 10, United States Code, is
amended to read as follows:
``Sec. 1116. Payments into the Fund
``(a) At the beginning of each fiscal year after September 30,
2005, the Secretary of the Treasury shall promptly pay into the Fund
from the General Fund of the Treasury--
``(1) the amount certified to the Secretary by the
Secretary of Defense under subsection (c), which shall be the
contribution to the Fund for that fiscal year required by
section 1115; and
``(2) the amount determined by each administering Secretary
under section 1111(c) as the contribution to the Fund on behalf
of the members of the uniformed services under the jurisdiction
of that Secretary.
``(b) At the beginning of each fiscal year, the Secretary of
Defense shall determine the sum of the following:
``(1) The amount of the payment for that year under the
amortization schedule determined by the Board of Actuaries
under section 1115(a) of this title for the amortization of the
original unfunded liability of the Fund.
``(2) The amount (including any negative amount) of the
Department of Defense contribution for that year as determined
by the Secretary of Defense under section 1115(b) of this
title.
``(3) The amount (including any negative amount) for that
year under the most recent amortization schedule determined by
the Secretary of Defense under section 1115(c)(2) of this title
for the amortization of any cumulative unfunded liability (or
any gain) to the Fund resulting from changes in benefits.
`(4) The amount (including any negative amount) for that
year under the most recent amortization schedule determined by
the Secretary of Defense under section 1115(c)(3) of this title
for the amortization of any cumulative actuarial gain or loss
to the Fund resulting from actuarial assumption changes.
``(5) The amount (including any negative amount) for that
year under the most recent amortization schedule determined by
the Secretary of Defense under section 1115(c)(4) of this title
for the amortization of any cumulative actuarial gain or loss
to the Fund resulting from actuarial experience.
``(c) The Secretary of Defense shall promptly certify the amount
determined under subsection (b) each year to the Secretary of the
Treasury.''.
(b) Conforming Amendments.--(1) Section 1111(c) of title 10, United
States Code, is amended in the last sentence by striking ``1116'' and
all that follows through the end of the sentence and inserting
``1115(b) of this title, and such contributions shall be paid into the
Fund as provided in section 1116(a).''.
(2) Section 1115(a) of such title is amended by striking
``1116(c)'' and inserting ``1116''.
(3) Section 1115(b) of such title is amended--
(A) by striking ``(1) The Secretary of Defense'' and all
that follows through ``of this title.'' and inserting ``The
Secretary of Defense shall determine, before the beginning of
each fiscal year after September 30, 2005, the total amount of
the Department of Defense contribution to be made to the Fund
for that fiscal year for purposes of section 1116(b)(2).'';
(B) by striking paragraph (2);
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(D) in each of paragraphs (1) and (2), as so redesignated,
by redesignating clauses (i) and (ii) as subparagraphs (A) and
(B), respectively; and
(E) in paragraph (2)(B), as so redesignated, by striking
``subparagraph (A)(ii)'' and inserting ``paragraph (1)(B)''.
(4) Section 1115(c)(1) of such title is amended by striking ``and
section 1116(a) of this title''.
(5) Section 1115(c)(5) of such title is amended by striking
``1116(c)'' and inserting ``1116''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2005.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SECTION 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2005''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Alabama..................... Anniston Army Depot..... $23,690,000
Alaska...................... Fort Richardson......... $24,300,000
Fort Wainwright......... $92,459,000
California.................. Fort Irwin.............. $38,100,000
Colorado.................... Fort Carson............. $59,508,000
Georgia..................... Fort Benning............ $73,627,000
Fort Gillem............. $5,800,000
Fort McPherson.......... $4,900,000
Fort Stewart/Hunter Army $65,495,000
Air Field..............
Hawaii...................... Helemano Military $75,300,000
Reservation.
Hickam Air Force........ $11,200,000
Schofield Barracks...... $241,792,000
Kansas...................... Fort Riley.............. $44,050,000
Kentucky.................... Fort Campbell........... $89,600,000
Fort Knox............... $73,850,000
Louisiana................... Fort Polk............... $70,953,000
Maryland.................... Fort Detrick............ $4,000,000
Missouri.................... Fort Leonard Wood....... $21,450,000
New Jersey.................. Picatinny Arsenal....... $9,900,000
New Mexico.................. White Sands Missile $33,000,000
Range.
New York.................... Fort Drum............... $13,650,000
Fort Hamilton........... $7,600,000
Hancock Field........... $6,000,000
Military Entrance $6,200,000
Processing Station,
Buffalo................
United States Military $60,000,000
Academy, West Point....
North Carolina.............. Fort Bragg.............. $111,687,000
Oklahoma.................... Fort Sill............... $17,800,000
Texas....................... Camp Bullis............. $5,300,000
Fort Bliss.............. $19,400,000
Fort Hood............... $88,888,000
Virginia.................... Fort A.P. Hill.......... $3,975,000
Fort Lee................ $4,250,000
Fort Myer............... $49,526,000
Washington.................. Fort Lewis.............. $48,000,000
-----------------
Total............... $1,505,250,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Germany...................... Grafenwoehr.............. $77,200,000
Italy........................ Livorno.................. $26,000,000
Korea........................ Camp Humphreys........... $12,000,000
---------------
Total................ $115,200,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations or locations, for the purposes and in
the amounts, set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Fort Richardson........... 92 Units.................. $42,000,000
Fort Wainwright........... 246 Units................. $124,000,000
Arizona................................. Fort Huachuca............. 205 Units................. $41,000,000
Yuma Proving Ground....... 55 Units.................. $14,900,000
Kansas.................................. Fort Riley................ 126 Units................. $33,000,000
New Mexico.............................. White Sands Missile Range. 156 Units................. $31,000,000
Oklahoma................................ Fort Sill................. 247 Units................. $47,000,000
Virginia................................ Fort Lee.................. 218 Units................. $46,000,000
Fort Monroe............... 68 Units.................. $16,000,000
---------------
Total................. .......................... $394,900,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(5)(A), the
Secretary of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $29,209,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(a)(5)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $211,990,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2004,
for military construction, land acquisition and military family housing
functions of the Department of the Army in the total amount of
$3,428,815,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $1,335,750,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $115,200,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$20,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $161,209,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $636,099,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $926,507,000.
(6) For the construction of phase 2 of a barracks complex,
5th & 16th Street, at Fort Stewart/Hunter Army Air Field,
Georgia, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2004 (division B
of Public Law 108-136; 117 Stat. 1697), $32,950,000.
(7) For the construction of phase 3 of a barracks complex
renewal, Capron Road, at Schofield Barracks, Hawaii, authorized
by section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2002 (division B of Public Law 107-107; 115
Stat. 1283) and as amended by section 2105 of the Military
Authorization Act for Fiscal Year 2004 (division B of Public
Law 108-136; 117 Stat. 1697), $48,000,000.
(8) For the construction of phase 2 of the Lewis & Clark
instructional facility at Fort Leavenworth, Kansas, authorized
by section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2003 (division B of Public Law 107-314; 116
Stat. 2681), $44,000,000.
(9) For the construction of phase 2 of a barracks complex
at Wheeler Sack Army Air Field at Fort Drum, New York,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public
Law 108-136; 117 Stat. 1697), $48,000,000.
(10) For the construction of phase 2 of a barracks complex,
Bastogne Drive, Fort Bragg, North Carolina, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1697), $48,000,000.
(11) For the construction of phase 3 of a maintenance
complex at Fort Sill, Oklahoma, authorized by section 2101(a)
of the Military Construction Authorization Act for Fiscal Year
2003 (division B of Public Law 107-314; 116 Stat. 2681),
$13,100,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $41,000,000 (the balance of the amount authorized under
section 2101(a) to upgrade Drum Road, Helemano Military
Reservation, Hawaii).
(3) $25,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a vehicle maintenance
facility, Schofield Barracks, Hawaii).
(3) $25,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex, Fort
Campbell, Kentucky).
(4) $22,000,000 (the balance of the amount authorized under
section 2101(a) for construction of trainee barracks, Basic
Training Complex 1, Fort Knox, Kentucky).
(5) $25,500,000 (the balance of the amount authorized under
section 2101(a) for construction of a library and learning
facility, United States Military Academy, West Point, New
York).
(6) $31,000,000 (the balance of the amount authorized under
section 2101(a) for a barracks complex renewal project, Fort
Bragg, North Carolina).
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2004 PROJECTS.
(a) Modification of Inside the United States Projects.--The table
in section 2101(a) of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1697) is
amended--
(1) in the item relating to Fort Stewart/Hunter Army Air
Field, Georgia, by striking ``$113,500,000'' in the amount
column and inserting ``$114,450,000'';
(2) in the item relating to Fort Drum, New York, by
striking ``$130,700,000'' in the amount column and inserting
``$135,700,000''; and
(3) by striking the amount identified as the total in the
amount column and inserting ``$1,043,150,000''.
(b) Conforming Amendments.--Section 2104(b) of that Act (117 Stat.
1700) is amended--
(1) in paragraph (2), by striking ``$32,000,000'' and
inserting ``$32,950,000''; and
(2) in paragraph (4), by striking ``$43,000,000'' and
inserting ``$48,000,000''.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2003 PROJECT.
(a) Modification of Inside the United States Project.--The table in
section 2101(a) of the Military Construction Authorization Act for
Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2681), as
amended by section 2105(a) of the Military Construction Authorization
Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat.
1700), is further amended--
(1) in the item relating to Fort Sill, Oklahoma, by
striking ``$39,652,000'' in the amount column and inserting
``$40,752,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,157,267,000''.
(b) Conforming Amendment.--Section 2104(b)(6) of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of
Public Law 107-314; 116 Stat. 2684) is amended by striking
``$25,000,000'' and inserting ``$26,100,000''.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Arizona...................... Marine Corps Air Station, $26,670,000
Yuma.
California................... Marine Corps Air-Ground $15,700,000
Task Force Training
Center, Twentynine Palms
Marine Corps Air Station, $11,540,000
Camp Pendleton..........
Marine Corps Base, Camp $26,915,000
Pendleton...............
Marine Corps Logistics $4,930,000
Base, Barstow...........
Naval Air Facility, El $54,331,000
Centro..................
Naval Air Station, North $10,180,000
Island..................
Naval Surface Warfare $9,850,000
Center, Division Corona.
Connecticut.................. Naval Submarine Base, New $50,302,000
London..................
District of Columbia......... Naval Observatory, $3,239,000
Washington..............
Florida...................... Eglin Air Force Base..... $2,060,000
Naval Station, Mayport... $6,200,000
Georgia...................... Strategic Weapons $16,000,000
Facility Atlantic, Kings
Bay.....................
Hawaii....................... Naval Shipyard, Pearl $5,100,000
Harbor..................
Illinois..................... Naval Training Center, $74,781,000
Great Lakes.............
Indiana...................... Naval Surface Warfare $10,580,000
Center, Crane...........
Louisiana.................... Joint Reserve Base/Naval $6,030,000
Air Station, New Orleans
Maryland..................... Naval Surface Warfare $23,000,000
Center, Indian Head.....
North Carolina............... Marine Corps Air Station, $35,140,000
New River...............
Marine Corps Base, Camp $11,030,000
Lejeune.................
Nevada....................... Naval Air Station, Fallon $4,980,000
South Carolina............... Marine Corps Air Station, $5,480,000
Beaufort................
Virginia..................... Camp Elmore Marine Corps $13,500,000
Detachment..............
Marine Corps Air $21,180,000
Facility, Quantico......
Marine Corps Combat $24,140,000
Development Command,
Quantico................
Naval Air Station, Oceana $2,770,000
Naval Amphibious Base, $9,550,000
Little Creek............
Naval Station, Norfolk... $4,330,000
Naval Weapons Station, $9,870,000
Yorktown................
Washington................... Naval Air Station, $1,990,000
Whidbey Island..........
Naval Shipyard, Puget $23,455,000
Sound...................
Naval Station, Bremerton. $74,125,000
Strategic Weapons $131,090,000
Facility Pacific, Bangor
---------------
Total................ $730,038,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Bahamas...................... Naval Undersea Warfare $20,750,000
Center, Andros Islands..
Diego Garcia................. Naval Support Facility, $17,500,000
Diego Garcia............
Guam......................... Naval Public Works $20,700,000
Center, Guam............
Naval Station, Guam...... $12,500,000
Italy........................ Sigonella................ $22,550,000
Spain........................ Naval Station, Rota...... $32,700,000
---------------
Total................ $126,700,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(3), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations and in the
amount, set forth in the following table:
Navy: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Unspecified Worldwide.... $148,640,000
---------------
Total................ $148,640,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a)(6)(A), the Secretary of the Navy may
construct or acquire family housing units (including land acquisition
and supporting facilities) at the installations or locations, for the
purposes and in the amounts, set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location Purpose Amount
----------------------------------------------------------------------------------------------------------------
North Carolina.......................... Marine Corps Air Station, 198 Units................. $27,002,000
Cherry Point.............
---------------
Total................. .......................... $27,002,000
----------------------------------------------------------------------------------------------------------------
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a)(6)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $112,105,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2004,
for military construction, land acquisition, and military family
housing functions of the Department of the Navy in the total amount of
$1,913,273,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $631,908,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $126,700,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2201(c), $98,560,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$12,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $93,804,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $139,107,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $696,304,000.
(7) For the construction of increment 2 of the tertiary
sewage treatment plant at Marine Corps Base, Camp Pendleton,
California, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2004 (division B
of Public Law 108-136; 117 Stat. 1703), $25,690,000.
(8) For the construction of increment 2 of the general
purpose berthing pier at Naval Weapons Station, Earle, New
Jersey, authorized by section 2201(a) of the Military
Construction Authorization Act of Fiscal Year 2004 (division B
of Public Law 108-136; 117 Stat. 1704), $49,200,000.
(9) For the construction of increment 2 of pier 11
replacement at Naval Station, Norfolk, Virginia, authorized by
section 2201(a) of the Military Construction Authorization Act
of Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1704), $40,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1), (2) and (3) of subsection (a).
(2) $21,000,000 (the balance of the amount authorized under
section 2201(a) for apron and hangar recapitalization, Naval
Air Facility, El Centro, California).
(3) $40,000,000 (the balance of the amount authorized under
section 2201(a) for construction of bachelor enlisted quarters,
Naval Station, Bremerton, Washington).
(4) $95,320,000 (the balance of the amount authorized under
section 2201(a) for construction of a limited area processing
and storage complex, Strategic Weapons Facility Pacific,
Bangor, Washington).
(5) $34,098,000 (the balance of the amount authorized under
section 2201(c) for construction of a White Side complex at an
unspecified location worldwide).
(6) $15,982,000 (the balance of the amount authorized under
section 2201(c) for construction of a presidential helicopter
programs support facility at an unspecified location).
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Alaska....................... Elmendorf Air Force Base. $26,057,000
Arizona...................... Davis-Monthan Air Force $17,029,000
Base.
Luke Air Force Base...... $17,900,000
Arkansas..................... Little Rock Air Force $8,931,000
Base.
California................... Beale Air Force Base..... $10,186,000
Edwards Air Force Base... $9,965,000
Travis Air Force Base.... $18,894,000
Colorado..................... Buckley Air Force Base... $12,247,000
Florida...................... Tyndall Air Force Base... $29,162,000
Georgia...................... Moody Air Force Base..... $9,600,000
Robins Air Force Base.... $15,000,000
Hawaii....................... Hickam Air Force Base.... $25,900,000
Louisiana.................... Barksdale Air Force Base. $13,800,000
Maryland..................... Andrews Air Force Base... $17,100,000
Mississippi.................. Columbus Air Force Base.. $7,700,000
Missouri..................... Whiteman Air Force Base.. $7,600,000
New Mexico................... Kirtland Air Force Base.. $9,200,000
North Carolina............... Pope Air Force Base...... $15,150,000
Ohio......................... Wright-Patterson Air $9,200,000
Force Base.
South Carolina............... Shaw Air Force Base...... $7,000,000
Tennessee.................... Arnold Air Force Base.... $24,500,000
Texas........................ Dyess Air Force Base..... $3,300,000
Lackland Air Force Base.. $2,596,000
Laughlin Air Force Base.. $6,900,000
Sheppard Air Force Base.. $50,284,000
Utah......................... Hill Air Force Base...... $18,013,000
Wyoming...................... F.E. Warren Air Force $5,500,000
Base.
---------------
Total................ $398,714,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Germany...................... Ramstein Air Base........ $25,404,000
Greenland.................... Thule Air Base........... $19,800,000
Guam......................... Andersen Air Force Base.. $19,593,000
Italy........................ Aviano Air Base.......... $6,760,000
Japan........................ Misawa Air Base.......... $6,700,000
Korea........................ Kunsan Air Base.......... $37,100,000
Osan Air Base............ $18,600,000
Portugal..................... Lajes Field, Azores...... $5,689,000
Spain........................ Naval Station, Rota...... $14,153,000
United Kingdom............... Royal Air Force $5,500,000
Lakenheath.
---------------
Total................ $159,299,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(3), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations, and
in the amount, set forth in the following table:
Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Classified Locations..... $26,121,000
Unspecified Worldwide.... $28,794,000
---------------
Total................ $54,915,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations or locations, for the purposes and in
the amounts, set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona................................. Davis-Monthan Air Force 250 Units................. $48,500,000
Base.....................
California.............................. Edwards Air Force Base.... 218 Units................. $41,202,000
Vandenberg Air Force Base. 120 Units................. $30,906,000
Florida................................. MacDill Air Force Base.... 61 Units.................. $21,723,000
MacDill Air Force Base.... Housing Maintenance $1,250,000
Facility.................
Idaho................................... Mountain Home Air Force 147 Units................. $39,333,000
Base.....................
Mississippi............................. Columbus Air Force Base... Housing Management $711,000
Facility.................
Missouri................................ Whiteman Air Force Base... 160 Units................. $37,087,000
Montana................................. Malmstrom Air Force Base.. 115 Units................. $29,910,000
North Carolina.......................... Seymour Johnson Air Force 167 Units................. $32,693,000
Base.....................
North Dakota............................ Grand Forks Air Force Base 90 Units.................. $26,169,000
Minot Air Force Base...... 142 Units................. $37,087,000
South Carolina.......................... Charleston Air Force Base. Fire Station.............. $1,976,000
South Dakota............................ Ellsworth Air Force Base.. 75 Units.................. $21,482,000
Texas................................... Dyess Air Force Base...... 127 Units................. $28,664,000
Goodfellow Air Force Base. 127 Units................. $20,604,000
Germany................................. Ramstein Air Base......... 144 Units................. $57,691,000
Italy................................... Aviano Air Base........... Housing Office............ $2,542,000
Korea................................... Osan Air Base............. 117 Units................. $46,834,000
United Kingdom.......................... Royal Air Force Lakenheath 154 Units................. $43,976,000
---------------
Total................. .......................... $570,340,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(a)(6)(A), the
Secretary of the Air Force may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $38,266,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(a)(6)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$238,353,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2004,
for military construction, land acquisition, and military family
housing functions of the Department of the Air Force in the total
amount of $2,493,679,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $398,714,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $159,299,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2301(c), $54,915,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$13,000,000.
(5) For architectural and engineering services and
construction design, under section 2807 of title 10, United
States Code, $166,126,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design and improvement of military family housing and
facilities, $846,959,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $854,666,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 of this
Act may not exceed the total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a).
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2404(a)(1), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Agency Installation or Location Amount
------------------------------------------------------------------------
Defense Intelligence Agency.. Bolling Air Force Base, $6,000,000
District of Columbia....
Defense Logistics Agency..... Defense Distribution $22,300,000
Depot, New Cumberland,
Pennsylvania............
Defense Distribution $10,100,000
Depot, Richmond,
Virginia................
Defense Fuel Support $3,589,000
Point, Naval Air
Station, Oceana,
Virginia................
Defense Supply Center, $5,500,000
Columbus, Ohio..........
Marina Corps Air Station, $22,700,000
Cherry Point, North
Carolina................
Naval Air Station, $3,900,000
Kingsville, Texas.......
Naval Station, Pearl $3,500,000
Harbor, Hawaii..........
Tinker Air Force Base, $5,400,000
Oklahoma................
Travis Air Force Base, $15,100,000
California..............
Missile Defense Agency....... Huntsville, Alabama...... $19,560,000
National Security Agency..... Fort Meade, Maryland..... $15,007,000
Special Operations Command... Corona, California....... $13,600,000
Fleet Combat Training $5,700,000
Center, Dam Neck,
Virginia................
Fort A.P. Hill, Virginia. $1,500,000
Fort Bragg, North $42,888,000
Carolina................
Fort Stewart/Hunter Army $17,600,000
Air Field, Georgia......
Hurlburt Field, Florida.. $2,500,000
Naval Amphibious Base, $33,200,000
Little Creek, Virginia..
Naval Air Station, North $1,000,000
Island, California......
TRICARE Management Activity.. Buckley Air Force Base, $2,100,000
Colorado................
Defense Language $6,700,000
Institute, Presidio,
Monterey................
Fort Belvoir, Virginia... $100,000,000
Fort Benning, Georgia.... $7,100,000
Langley Air Force Base, $50,800,000
Virginia................
Marine Corps Recruit $25,000,000
Depot, Parris Island,
South Carolina..........
Naval Air Station, $28,438,000
Jacksonville, Florida...
---------------
Total................ $470,782,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2404(a)(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Agency Installation or Location Amount
------------------------------------------------------------------------
Defense Education Activity... Grafenwoehr, Germany..... $36,247,000
Naval Station, Guam...... $26,964,000
Vilseck, Germany......... $9,011,000
Defense Logistics Agency..... Defense Fuel Support $19,113,000
Point, Lajes Field,
Portugal................
Misawa Air Base, Japan... $19,900,000
Special Operations Command... Naval Station, Guam, $2,200,000
Marianas Islands........
Royal Air Force $10,200,000
Mildenhall, United
Kingdom.................
TRICARE Management Activity.. Diego Garcia............. $3,800,000
Grafenwoehr, Germany..... $13,000,000
---------------
Total................ $140,435,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the amounts appropriated pursuant
to the authorization of appropriations in section 2404(a)(3), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations, and in the
amount, set forth in the following table:
Defense Agencies: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Special Operations Command... Classified Locations..... $7,400,000
Unspecified Worldwide.... $2,900,000
---------------
Total................ $10,300,000
------------------------------------------------------------------------
SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2404(a)(9)(A), the Secretary of Defense may improve existing
military family housing units in an amount not to exceed $49,000.
SEC. 2403. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2404(a)(7), the Secretary of Defense may
carry out energy conservation projects under section 2865 of title 10,
United States Code, in the amount of $50,000,000.
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Modification of Inside the United States Projects.--Funds are
hereby authorized to be appropriated for fiscal years beginning after
September 30, 2004, for military construction, land acquisition, and
military family housing functions of the Department of Defense (other
than the military departments) in the total amount of $1,089,063,000,
as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $413,782,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $140,435,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2401(c), $10,300,000.
(4) For unspecified minor military construction projects
under section 2805 of title 10, United States Code,
$20,938,000.
(5) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$10,000,000.
(6) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $63,482,000.
(7) For Energy Conservation projects authorized by section
2404 of this Act, $50,000,000.
(8) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $246,116,000.
(9) For military family housing functions:
(A) For improvement of military family housing and
facilities, $49,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $49,575,000.
(C) For credit to the Department of Defense Family
Housing Improvement Fund established by section
2883(a)(1) of title 10, United States Code, $2,500,000.
(10) For the construction of phase 6 of an ammunition
demilitarization facility at Pueblo Depot Activity, Colorado,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public
Law 104-201; 110 Stat. 2775), as amended by section 2406 of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 839), and section
2407 of the Military Construction Authorization Act for Fiscal
Year 2003 (division B of Public Law 107-314; 116 Stat. 2698),
$44,792,000.
(11) For the construction of phase 5 of an ammunition
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act of 2002 (division B of
Public Law 107-107; 115 Stat. 1298), and section 2405 of the
Military Construction Authorization Act for Fiscal Year 2003
(division B of Public Law 107-314; 116 Stat. 2698),
$37,094,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1), (2) and (3) of subsection (a).
(2) $57,000,000 (the balance of the amount authorized under
section 2401(a) for hospital replacement, Fort Belvoir,
Virginia).
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2004, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program authorized by
section 2501, in the amount of $165,800,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2004, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United
States, $393,225,000; and
(B) for the Army Reserve, $116,955,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $30,955,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $184,620,000; and
(B) for the Air Force Reserve, $114,090,000.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2007; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2008.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2007; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2008 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2002
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2002 (division B of
Public Law 107-107; 115 Stat. 1301), authorizations set forth in the
tables in subsection (b), as provided in section 2101 or 2302 of that
Act, shall remain in effect until October 1, 2005, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2006, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Army: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Fort Wainwright........... Power plant cooling tower. $23,000,000
Hawaii.................................. Pohakuloa Training Area... Parker Ranch land $1,500,000
acquisition..............
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Colorado................................ Buckley Air Force Base.... Family housing (55 Units). $11,400,000
Louisiana............................... Barksdale Air Force Base.. Family housing (56 Units). $7,300,000
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION AND RENEWAL OF AUTHORIZATIONS OF CERTAIN FISCAL
YEAR 2001 PROJECTS.
(a) Extension and Renewal.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2001 (division
B of the Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-
407)), authorizations set forth in the tables in subsection (b), as
provided in section 2102 or 2401 of that Act and, in the case of the
authorization set forth in the first table in subsection (b), extended
by section 2702 of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1716),
shall remain in effect until October 1, 2005, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2006, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Army: Extension of 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
South Carolina.......................... Fort Jackson.............. Family housing (1 unit)... $250,000
----------------------------------------------------------------------------------------------------------------
Defense Agencies: Extension of 2001 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Agency Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Defense Finance and Accounting Service.. Kleber Kaserne, Germany... Building renovation....... $7,400,000
Defense Education Activity.............. Osan Air Base, Korea...... Osan Elementary School $843,000
addition.................
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this Act shall take
effect on the later of--
(1) October 1, 2004; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SECTION 2801. INCREASE IN CERTAIN THRESHOLDS FOR CARRYING OUT
UNSPECIFIED MINOR MILITARY CONSTRUCTION PROJECTS.
(a) Advance Approval and Congressional Notification Threshold.--
Subsection (b)(1) of section 2805 of title 10, United States Code, is
amended by striking ``$750,000'' and inserting ``$1,000,000''.
(b) Use of Operation and Maintenance Funds Threshold.--Subsection
(c) of such section is amended--
(1) by striking paragraph (1) and inserting the following
new paragraph:
``(1) Except as provided in paragraphs (2) and (3), the Secretary
concerned may spend from appropriations available for operation and
maintenance amounts necessary to carry out an unspecified minor
military construction project costing not more than $1,500,000.''; and
(2) in paragraph (3), by striking ``limitations'' and
inserting ``limitation''.
SEC. 2802. ASSESSMENT OF VULNERABILITY OF MILITARY INSTALLATIONS TO
TERRORIST ATTACK AND ANNUAL REPORT ON MILITARY
CONSTRUCTION REQUIREMENTS RELATED TO ANTITERRORISM AND
FORCE PROTECTION.
(a) Annual Assessment and Report.--Section 2808 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(d) Antiterrorism and Force Protection Assessments and Military
Construction Requirements.--(1) The Secretary of Defense shall develop
common guidance and criteria to be used by the Secretary concerned--
``(A) to assess the vulnerability of military installations
located inside and outside of the United States to terrorist
attack;
``(B) to develop construction standards designed to reduce
the vulnerability of structures to terrorist attack and improve
the security of the occupants of such structures;
``(C) to prepare and carry out military construction
projects, such as gate and fenceline construction, to improve
the physical security of military installations; and
``(D) to assist in prioritizing such projects within the
military construction budget of each of the armed forces.
``(2) The Secretary of Defense shall require vulnerability
assessments of military installations to be conducted, at regular
intervals, using the criteria developed under paragraph (1).
``(3) As part of the budget materials submitted to Congress in
connection with the submission of the budget for a fiscal year pursuant
to section 1105 of title 31, but in no case later than March 15 of each
year, the Secretary of Defense shall submit a report describing--
``(A) the location and results of the vulnerability
assessments conducted during the preceding fiscal year;
``(B) the military construction requirements anticipated to
be necessary during the next three fiscal years to improve the
physical security of military installations; and
``(C) the extent to which funds are not requested in the
Department of Defense budget for the next fiscal year to meet
those requirements.
``(4) In the case of the report required under paragraph (3) to be
submitted in 2006, the Secretary of Defense shall include a
certification by the Secretary that since September 11, 2001,
vulnerability assessments have been undertaken at all major military
installations. The Secretary shall indicate the basis by which the
Secretary differentiated between major and nonmajor military
installations for purposes of making the certification.''.
(b) Stylistic and Clerical Amendments.--(1) The heading of such
section is amended to read as follows:
``Sec. 2808. Construction authority related to declaration of war or
national emergency; construction requirements related to
antiterrorism and force protection''.
(2) Such section is further amended--
(A) in subsection (a), by inserting ``Construction
Authority; Limitation.--'' after ``(a)'';
(B) in subsection (b), by inserting ``Congressional
Notification.--'' after ``(b)''; and
(C) in subsection (c), by inserting ``Termination.--''
after ``(c)''.
(3) The table of sections at the beginning of chapter 169 of such
title is amended by striking the item relating to section 2808 and
inserting the following new item:
``2808. Construction authority related to declaration of war or
national emergency; construction
requirements related to antiterrorism and
force protection.''.
SEC. 2803. CHANGE IN THRESHOLD FOR CONGRESSIONAL NOTIFICATION REGARDING
USE OF OPERATION AND MAINTENANCE FUNDS FOR FACILITY
REPAIR.
Section 2811(d) of title 10, United States Code, is amended by
striking ``$10,000,000'' and inserting ``$7,500,000''.
SEC. 2804. REPORTING REQUIREMENTS REGARDING MILITARY FAMILY HOUSING
REQUIREMENTS FOR GENERAL OFFICERS AND FLAG OFFICERS.
(a) Annual Report on Cost of General and Flag Officers Quarters.--
Section 2831 of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(e) Annual Report of Cost of General Officers and Flag Officers
Quarters.--As part of the budget materials submitted to Congress in
connection with the submission of the budget for a fiscal year pursuant
to section 1105 of title 31, but in no case later than March 30 of each
year, the Secretary of Defense shall submit a report--
``(1) identifying family housing units used, or intended
for use, as quarters for general officers or flag officers for
which the total operation and maintenance costs, utility costs,
and repair costs are anticipated to exceed $20,000 in the next
fiscal year; and
``(2) specifying the total of such costs for each unit of
family housing identified under paragraph (1).''.
(b) Report on Need for Such Quarters in National Capital Region.--
The Secretary of Defense shall prepare a report analyzing anticipated
needs in the National Capital Region for family housing units for
general officers and flag officers. In conducting the analysis, the
Secretary shall consider the extent of available housing in the
National Capital Region and the necessity of providing housing for
general officers and flag officers in secure locations.
(c) Report on World-Wide Inventory of Such Quarters.--The Secretary
of Defense shall prepare a report containing a worldwide inventory of
family housing units for general officers and flag officers and
identifying annual expenditures for each such unit for operation and
maintenance, utilities, and repair for each for the fiscal years 2000
through 2004.
(d) Submission of Reports.--The reports required by subsections (b)
and (c) shall be submitted to the congressional defense committees not
later than March 30, 2005.
(e) Definitions.--In this section:
(1) The terms ``general officer'' and ``flag officer'' have
the meanings given such terms in section 101(b) of title 10,
United States Code.
(2) The term ``National Capital Region'' has the meaning
given such term in section 2674(f) of such title.
SEC. 2805. CONGRESSIONAL NOTIFICATION OF DEVIATIONS FROM AUTHORIZED
COST VARIATIONS FOR MILITARY CONSTRUCTION PROJECTS AND
MILITARY FAMILY HOUSING PROJECTS.
Section 2853(c)(3) of title 10, United States Code, is amended by
inserting before the period at the end the following: ``or, if over
sooner, a period of 14 days has elapsed after the date on which a copy
of the notification is provided in an electronic medium pursuant to
section 480 of this title''.
SEC. 2806. REPEAL OF LIMITATION ON USE OF ALTERNATIVE AUTHORITY FOR
ACQUISITION AND IMPROVEMENT OF MILITARY FAMILY HOUSING.
Effective October 1, 2005, subsection (g) of section 2883 of title
10, United States Code, is amended to read as follows:
``(g) Limitation on Use of Authority to Acquire or Construct
Military Unaccompanied Housing.--The total value in budget authority of
all contracts and investments undertaken using the authorities provided
in this subchapter for the acquisition or construction of military
unaccompanied housing shall not exceed $150,000,000.''.
SEC. 2807. TEMPORARY AUTHORITY TO ACCELERATE DESIGN EFFORTS FOR
MILITARY CONSTRUCTION PROJECTS CARRIED OUT USING DESIGN-
BUILD SELECTION PROCEDURES.
Section 2305a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f) Special Authority for Military Construction Projects.--(1)
The Secretary of a military department, and the Secretary of Defense
with respect to matters concerning the Defense Agencies, may use funds
available to the Secretary under section 2807(a) or 18233(e) of this
title to accelerate the design effort in connection with a military
construction project for which the two-phase selection procedures
described in subsection (c) are used to select the contractor for both
the design and construction portion of the project before the project
is specifically authorized by law and before funds are appropriated for
the construction portion of the project. Notwithstanding the
limitations contained in such sections, use of such funds for the
design portion of a military construction project may continue despite
the subsequent authorization of the project. The advance notice
requirement of section 2807(b) of this title shall continue to apply
whenever the estimated cost of the design portion of the project
exceeds the amount specified in such section.
``(2) Any military construction contract that provides for an
accelerated design effort, as authorized by paragraph (1), shall
include as a condition of the contract that the liability of the United
States in a termination for convenience may not exceed costs above the
costs attributable to the final design of the project.
``(3) Not more than 36 military construction projects containing
the accelerated design effort authorized by paragraph (1) may be
carried out.
``(4) Not later than March 1, 2007, the Secretary of Defense shall
submit to the congressional defense committees a report evaluating the
usefulness of the authority provided by this subsection in expediting
the design and construction of military construction projects. The
authority provided by this subsection expires September 30, 2008,
except that, if the report required by this paragraph is not submitted
by March 1, 2007, the authority shall expire on that date.''.
SEC. 2808. EXCHANGE OR SALE OF RESERVE COMPONENT FACILITIES TO ACQUIRE
REPLACEMENT FACILITIES.
Section 18233 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(g)(1) The Secretary of Defense may convey, by exchange or sale,
an existing facility of a reserve component of the armed forces for the
purpose of acquiring a replacement facility under this section or using
the proceeds from the sale to acquire a replacement facility under this
section, if the Secretary determines it is in the best interests of the
United States to acquire the replacement facility by such exchange or
sale. The United States shall receive funds or a replacement facility,
or a combination of both, having a total value at least equal to the
fair market value of the conveyed facility.
``(2) Acquisition of a replacement facility under this subsection
may be accomplished by construction, expansion, rehabilitation, or
conversion and must result in a fully equipped and operational
replacement facility. Nothing in this subsection prohibits the
Secretary of Defense from contributing additional funds, in accordance
with this section, to obtain a fully equipped and operational
replacement facility.
``(3) Funds received under this subsection shall be deposited in a
separate account and remain available to the Secretary of Defense,
without appropriation, for use in accordance with this subsection. Any
funds received under this subsection in connection with a conveyance in
excess of the funds required to obtain a fully equipped and operational
replacement facility for the conveyed facility may be used by the
Secretary for the purposes of subsection (a).''.
SEC. 2809. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE
OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS
OUTSIDE THE UNITED STATES.
Section 2808 of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1723) is
amended--
(1) in subsections (a) and (d), by striking ``fiscal year
2004'' both places it appears and inserting ``fiscal years 2004
and 2005''; and
(2) in subsection (c)(1), by striking ``in fiscal year
2004'' and inserting ``in a fiscal year''.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. INCREASE IN CERTAIN THRESHOLDS FOR REPORTING REAL PROPERTY
TRANSACTIONS.
(a) General Notice and Wait Threshold.--Subsection (a) of section
2662 of title 10, United States Code, is amended by striking
``$750,000'' each place it appears and inserting ``$1,500,000''.
(b) Annual Report on Minor Transactions Threshold.--Subsection (b)
of such section is amended by striking ``subsection (a) that involve an
estimated value of more than $250,000, but not more than $750,000'' and
inserting ``such subsection that involve an estimated value of more
than $500,000, but not more than the amount specified in such
subsection''.
(c) Notice and Wait Threshold for Certain GSA Leases.--Subsection
(e) of such section is amended by striking ``$750,000'' and inserting
``$1,500,000''.
(d) Threshold for Acquisition of Low-Cost Interests in Land.--
Subsection (a) of section 2672 of such title is amended to read as
follows:
``(a) Acquisition Authority.--The Secretary of a military
department may acquire any interest in land that--
``(1) the Secretary determines is needed in the interest of
national defense; and
``(2) does not cost more than $1,500,000, exclusive of
administrative costs and the amounts of any deficiency
judgments.''.
(e) Treatment Multiple Parcels Under Low-Cost Acquisition
Authority.--Subsection (b) of such section is amended to read as
follows:
``(b) Treatment of Multiple Parcels.--This section does not
authorize the acquisition, as a part of the same project, of more than
one parcel of land unless--
``(1) the parcels are noncontiguous; or
``(2) if contiguous, the total cost for the acquisition of
all of the contiguous parcels does not cost more than the
amount specified in subsection (a)(2).''.
SEC. 2812. REORGANIZATION OF EXISTING ADMINISTRATIVE PROVISIONS
RELATING TO REAL PROPERTY TRANSACTIONS.
(a) Limitation on Commissions.--(1) Section 2661 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(c) Commissions on Land Purchase Contracts.--The maximum amount
payable as a commission on a contract for the purchase of land from
funds appropriated for the Department of Defense is two percent of the
purchase price.''.
(2) Section 2666 of such title is repealed.
(b) Repeal of Obsolete Authority to Acquire Land for Timber
Production.--Section 2664 of such title is repealed.
(c) Availability of Funds for Acquisition of Certain Interests in
Real Property.--(1) Section 2672 of such title is amended by adding at
the end the following new subsection:
``(d) Availability of Funds.--Appropriations available to the
Department of Defense for operation and maintenance or construction may
be used for the acquisition of land or interests in land under this
section.''.
(2) Section 2673 of such title is repealed.
(3) Section 2675 of such title is amended--
(A) by inserting before ``The Secretary'' the following
``(a) Lease Authority; Duration.--''; and
(B) by adding at the end the following new subsection:
``(b) Availability of Funds.--Appropriations available to the
Department of Defense for operation and maintenance or construction may
be used for the acquisition of interests in land under this section.''.
(d) Stylistic and Clerical Amendments.--(1) Section 2661 of such
title is further amended--
(A) in subsection (a), by inserting ``Availability of
Operation and Maintenance Funds.--'' after ``(a)'' ; and
(B) in subsection (b), by inserting ``Leasing and Road
Maintenance Authority.--'' after ``(b)''.
(2) The table of sections at the beginning of chapter 159 of such
title is amended by striking the items relating to sections 2664, 2666,
and 2673.
SEC. 2813. TREATMENT OF MONEY RENTALS FROM GOLF COURSE AT ROCK ISLAND
ARSENAL, ILLINOIS.
(a) Support of MWR Activities.--Section 2667(d) of title 10, United
States Code, is amended--
(1) in paragraph (1)(B)--
(A) by redesignating clause (ii) as clause (iii);
and
(B) by inserting after clause (i) the following new
clause:
``(ii) Money rentals deposited in a nonappropriated morale,
welfare, and recreation account under paragraph (3).''; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) The Secretary of the Army may deposit up to 50 percent of the
money rentals received by the United States from a lease involving the
golf course at Rock Island Arsenal, Illinois, in the nonappropriated
morale, welfare, and recreation account for that installation, to be
used for quality-of-life programs at that installation.''.
(b) Effective Date.--Paragraph (3) of section 2667(d) of title 10,
United States Code, as added by subsection (a), shall apply to money
rentals referred to in such paragraph received by the United States
after September 30, 2004.
SEC. 2814. NUMBER OF CONTRACTS AUTHORIZED DEPARTMENT-WIDE UNDER
DEMONSTRATION PROGRAM ON REDUCTION IN LONG-TERM FACILITY
MAINTENANCE COSTS.
Section 2814 of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 10 U.S.C. 2809 note) is amended--
(1) in subsection (a), by striking ``or the Secretary of a
military department'' and inserting ``and the Secretaries of
the military departments'';
(2) in subsection (b)(1), by striking ``12 contracts per
military department'' and inserting ``36 contracts''; and
(3) in subsection (b)(2), by striking ``the date of the
enactment of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003'' and inserting ``December 2, 2002''.
SEC. 2815. REPEAL OF COMMISSION ON REVIEW OF OVERSEAS MILITARY FACILITY
STRUCTURE OF THE UNITED STATES.
Section 128 of the Military Construction Appropriations Act, 2004
(Public Law 108-132; 117 Stat. 1382; 10 U.S.C. 111 note), is repealed.
SEC. 2816. DESIGNATION OF AIRMEN LEADERSHIP SCHOOL AT LUKE AIR FORCE
BASE, ARIZONA, IN HONOR OF JOHN J. RHODES, A FORMER
MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES.
The Airmen Leadership School at Luke Air Force Base, Arizona,
building 156, shall be known and designated as the ``John J. Rhodes
Airmen Leadership School''. Any reference to such facility in any law,
regulation, map, document, record, or other paper of the United States
shall be considered to be a reference to the John J. Rhodes Airmen
Leadership School.
SEC. 2817. ELIMINATION OF REVERSIONARY INTERESTS CLOUDING UNITED STATES
TITLE TO PROPERTY USED AS NAVY HOMEPORTS.
(a) Authority to Acquire Complete Title.--If real property owned by
the United States and used as a Navy homeport is subject to a
reversionary interest of any kind, the Secretary of the Navy may enter
into an agreement with the holder of the reversionary interest to
acquire the reversionary interest and thereby secure for the United
States all right, title, and interest in and to the property.
(b) Consideration.--(1) As consideration for the acquisition of a
reversionary interest under subsection (a), the Secretary shall provide
the holder of the reversionary interest with in-kind consideration, to
be determined pursuant to negotiations between the Secretary and the
holder of the reversionary interest. In determining the type and value
of any in-kind consideration to be provided for the acquisition of a
reversionary interest under subsection (a), the Secretary shall take
into account the nature of the reversionary interest, including whether
it would require the holder of the reversionary interest to pay for any
improvements acquired by the holder as part of the reversion of the
real property, and the long-term use and ultimate disposition of the
real property if the United States were to acquire all right, title,
and interest in and to the real property subject to the reversionary
interest.
(2) Cash payments are not authorized as consideration for the
acquisition of reversionary interests under subsection (a).
SEC. 2818. REPORT ON REAL PROPERTY DISPOSAL AT MARINE CORPS AIR
STATION, EL TORO, CALIFORNIA.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Navy shall submit to Congress a report
describing--
(1) the progress being made with regard to the disposal of
real property at Marine Corps Air Station, El Toro, California,
including any challenges arising from plans to dispose of
property at the installation by auction;
(2) the anticipated future uses of the property; and
(3) the requests received from other Federal agencies
(including other military departments) for property at the
installation.
Subtitle C--Base Closure and Realignment
SEC. 2821. TWO-YEAR POSTPONEMENT OF 2005 BASE CLOSURE AND REALIGNMENT
ROUND AND SUBMISSION OF REPORTS REGARDING FUTURE
INFRASTRUCTURE REQUIREMENTS FOR THE ARMED FORCES.
(a) Two-Year Postponement in Submittal of Base Closure and
Realignment Recommendations.--Section 2914 of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note), as added by section 3003 of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115
Stat. 1345), is amended--
(1) in the section heading, by striking ``2005'' and
inserting ``2007''; and
(2) in subsection (a), by striking ``May 16, 2005,'' and
inserting ``May 16, 2007,''.
(b) Commission Review and Recommendations.--Subsection (d) of
section 2914 of the Defense Base Closure and Realignment Act of 1990 is
amended--
(1) in paragraphs (1) and (2), by striking ``September 8,
2005'' both places it appears and inserting ``September 8,
2007''; and
(2) in paragraph (6)--
(A) by striking ``in 2005'' and inserting ``under
this section''; and
(B) by striking ``July 1, 2005'' and inserting
``July 1, 2007''.
(c) Review by President and Transmittal to Congress.--Subsection
(e) of section 2914 of the Defense Base Closure and Realignment Act of
1990 is amended--
(1) in paragraph (1)--
(A) by striking ``in 2005'' and inserting ``under
this section''; and
(B) by striking ``September 23, 2005'' and
inserting ``September 23, 2007'';
(2) in paragraph (2), by striking ``October 20, 2005'' and
inserting ``October 20, 2007''; and
(3) in paragraph (3)--
(A) by striking ``November 7, 2005'' and inserting
``November 7, 2007''; and
(B) by striking ``in 2005'' and inserting ``in
2007''.
(d) New Force Structure Plan and Infrastructure Inventory;
Recertification of Need for Additional Round.--Section 2912 of the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note), as added by section 3001
of the National Defense Authorization Act for Fiscal Year 2002 (Public
Law 107-107; 115 Stat. 1342), is amended--
(1) in the section heading, by striking ``2005'' and
inserting ``2007'';
(2) by striking ``fiscal year 2005'' each place it appears
and inserting ``fiscal year 2007'';
(3) in subsection (b)(1), by inserting ``for fiscal year
2007'' after ``subsection (a)'';
(4) in subsections (b)(2) and (d), by striking ``in 2005''
each place it appears and inserting ``under section 2914'';
(5) in subsection (d), by striking ``March 15, 2005'' both
places it appears and inserting ``March 15, 2007'';
(6) in subsection (d)(4), by striking ``calendar year 2005
and shall terminate on April 15, 2006'' and inserting
``calendar year 2007 and shall terminate on April 15, 2008'';
and
(7) in subsection (d)(5), by striking ``second session of
the 108th Congress for the activities of the Commission in
2005'' and inserting ``second session of the 109th Congress for
the activities of the Commission under section 2914''.
(e) Infrastructure-Related Reporting Requirements; Termination of
Base Closure Round.--Section 2912 of the Defense Base Closure and
Realignment Act of 1990 is further amended by adding at the end the
following new subsection:
``(e) Infrastructure-Related Reports.--
``(1) Required reports.--The Secretary shall prepare the
following reports related to infrastructure requirements for
the Armed Forces:
``(A) A report containing the Integrated Global
Presence and Basing Strategy of the Department of
Defense, including the location of long-term overseas
installations, installations to be used for rotational
purposes, and forward operating locations, anticipated
rotational plans and policies, and domestic and
overseas infrastructure requirements associated with
the strategy.
``(B) A report describing the anticipated
infrastructure requirements associated with the
probable end-strength levels and major military force
units (including land force divisions, carrier and
other major combatant vessels, air wings, and other
comparable units) for each of the Armed Forces
resulting from force transformation.
``(C) A report describing the anticipated
infrastructure requirements related to expected changes
in the active component versus reserve component
personnel mix of the Armed Forces.
``(D) A report describing the anticipated
infrastructure requirements associated with the so-
called `10-30-30 objective' of the Secretary to ensure
that military forces are capable of deployment overseas
within 10 days in sufficient strength to defeat an
enemy within 30 days and be ready for redeployment
within 30 days after the end of combat operations.
``(E) A report containing the results of a complete
reassessment of the infrastructure necessary to support
the force structure described in the force-structure
plan prepared under paragraph (1) of subsection (a) and
describing any resulting excess infrastructure and
infrastructure capacity, which were previously required
by paragraph (2) of such subsection. The reassessment
shall be based on actual infrastructure, facility, and
space requirements for the Armed Forces rather than a
comparative study between 1989 and 2003.
``(F) A report describing the anticipated
infrastructure requirements associated with the
assessment prepared by the Secretary pursuant to
section 2822 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1726), in which Congress required the Secretary to
assess the probable threats to national security and
determine the potential, prudent, surge requirements
for the Armed Forces and military installations to meet
those threats.
``(2) Time for submission of reports.--The reports required
by paragraph (1) shall be submitted to the congressional
defense committees only during the period beginning on January
1, 2006, and ending on March 15, 2006.
``(3) Termination of round for failure to submit reports as
required.--If the reports required by paragraph (1) are not
submitted during the period specified in paragraph (2), the
process for the making of recommendations to the Congress for
the closure or realignment of military installations and the
selection of installations for closure or realignment under
this part in 2007 shall be terminated.''.
(f) Conforming Amendments.--(1) Section 2904(a)(3) of the Defense
Base Closure and Realignment Act of 1990 is amended by striking ``in
the 2005 report'' and inserting ``in a report submitted after 2001''.
(2) Section 2906(e) of such Act is amended by striking ``2005'' and
inserting ``2007''.
(3) Section 2906A of such Act is amended--
(A) in the section heading, by striking ``2005'' and
inserting ``2007''; and
(B) by striking ``2005'' each place it appears and
inserting ``2007''.
(4) Section 2909(a) of such Act is amended by striking ``2006'' and
inserting ``2008''.
SEC. 2822. ESTABLISHMENT OF SPECIFIC DEADLINE FOR SUBMISSION OF
REVISIONS TO FORCE-STRUCTURE PLAN AND INFRASTRUCTURE
INVENTORY FOR NEXT BASE CLOSURE ROUND.
Section 2912(a)(4) of the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note) is amended by striking ``as part of the budget justification
document submitted to Congress for fiscal year 2006.'' and inserting
``not later than March 15 of the year in which the Secretary will
submit, consistent with subsection (e) of this section, the list of the
military installations inside the United States that the Secretary
recommends for closure or realignment. No revision of the force-
structure plan or infrastructure inventory is authorized after that
March 15 date.''.
SEC. 2823. SPECIFICATION OF FINAL SELECTION CRITERIA FOR NEXT BASE
CLOSURE ROUND.
(a) Findings.--Congress finds the following:
(1) Title XXX of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1342) amended
the Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) to
authorize the Secretary of Defense to conduct an additional
round of base realignments and closures.
(2) In section 2822 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1726),
approved November 24, 2003, Congress required the Secretary of
Defense to assess the probable threats to national security and
determine the potential, prudent, surge requirements for the
Armed Forces and military installations to meet those threats.
Such section specifically requires the Secretary of Defense to
use the determination of surge requirements in exercising the
authority of the Secretary to conduct the next round of base
realignments and closures.
(3) Section 2913 of the Defense Base Closure and
Realignment Act of 1990, as added by title XXX of the National
Defense Authorization Act for Fiscal Year 2002, specified the
process by which the Secretary of Defense was to prepare the
criteria to be used by the Secretary in making recommendations
for the next round of base realignments and closures and listed
certain requirements the Secretary had to comply with as part
of the process, including the advance publication of the
proposed criteria and the solicitation and consideration of
public comments.
(4) In subsection (e) of such section, Congress required
the Secretary of Defense to publish in the Federal Register and
transmit to Congress not later than February 16, 2004, the
final criteria intended to be used by the Secretary in making
recommendations for the next round of base realignments and
closures. Pursuant to such subsection, the Secretary of Defense
published the final selection criteria in the Federal Register
on February 12, 2004 (69 Fed. Reg. 6948).
(5) In addition to specifically reserving its right to
disapprove the final selection criteria, Congress may modify or
otherwise amend the criteria by Act of Congress.
(b) Congressional Specification of Final BRAC Selection Criteria.--
Section 2913 of the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), as
added by section 3002 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1344), is amended to
read as follows:
``SEC. 2913. FINAL SELECTION CRITERIA FOR ADDITIONAL ROUND OF BASE
CLOSURES AND REALIGNMENTS.
``(a) Final Selection Criteria.--The final criteria to be used by
the Secretary in making recommendations for the closure or realignment
of military installations inside the United States under this part in
any additional round of base closures and realignments are as follows:
``(1) The current and future mission requirements and the
impact on operational readiness of the total force of the
Department of Defense, including the impact on joint
warfighting, training, readiness, and research, development,
test, and evaluation of weapons systems and equipment.
``(2) The availability and condition of land, facilities,
infrastructure, and associated air and water space (including
preservation of training areas suitable for maneuver by ground,
naval, or air forces throughout a diversity of climate and
terrain areas, the preservation of testing ranges able to
accommodate current or future military weapons systems and
equipment, and the preservation of staging areas for the use of
the Armed Forces in homeland defense missions) at both existing
and potential receiving locations.
``(3) The ability to accommodate contingency, mobilization,
and future total force requirements at both existing and
potential receiving locations to support operations, training,
maintenance, and repair.
``(4) Preservation of land, air, and water space,
facilities, and infrastructure necessary to support training
and operations of military forces determined to be surge
requirements by the Secretary of Defense, as required by
section 2822 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1726).
``(5) The extent and timing of potential costs and savings
of base realignment and closure actions on the entire Federal
budget, as well as the Department of Defense, including the
number of years, beginning with the date of completion of the
closure or realignment, for the savings to exceed the costs.
Costs shall include those costs related to potential
environmental restoration, waste management, and environmental
compliance activities.
``(6) The economic impact on existing communities in the
vicinity of military installations.
``(7) The ability of the infrastructure of both the
existing and potential receiving communities to support forces,
missions, and personnel, including quality of living standards
for members of the Armed Forces and their dependents.
``(8) The environmental impact on receiving locations.
``(b) Priority Given to Military Value.--In recommending military
installations for closure or realignment, the Secretary shall give
priority consideration to the first four criteria specified in
subsection (a).
``(c) Relation to Other Materials.--The final selection criteria
specified in subsection (a) shall be the only criteria to be used,
along with the force-structure plan and infrastructure inventory
referred to in section 2912, in making recommendations for the closure
or realignment of military installations inside the United States under
this part after December 31, 2003.
``(d) Relation to Criteria for Earlier Rounds.--Section 2903(b),
and the selection criteria prepared under such section, shall not apply
with respect to the process of making recommendations for the closure
or realignment of military installations after December 31, 2003.''.
(c) Conforming Amendments.--The Defense Base Closure and
Realignment Act of 1990 is amended--
(1) in section 2912(c)(1)(A), by striking ``criteria
prepared under section 2913'' and inserting ``criteria
specified in section 2913''; and
(2) in section 2914(a), by striking ``criteria prepared by
the Secretary under section 2913'' and inserting ``criteria
specified in section 2913''.
SEC. 2824. REQUIREMENT FOR UNANIMOUS VOTE OF DEFENSE BASE CLOSURE AND
REALIGNMENT COMMISSION TO ADD TO OR OTHERWISE EXPAND
CLOSURE AND REALIGNMENT RECOMMENDATIONS MADE BY SECRETARY
OF DEFENSE.
Section 2914(d) of the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note),
as added by section 3003 of the Military Construction Authorization Act
for Fiscal Year 2002 (division B of Public Law 107-107; 155 Stat, 1346)
and amended by section 2854 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
2728), is amended--
(1) in paragraph (3), by striking ``to add'' and inserting
``to consider additions''; and
(2) by striking paragraph (5) and inserting the following
new paragraph:
``(5) Requirements to expand closure or realignment
recommendations.--In the report required under section
2903(d)(2)(A) that is to be transmitted under paragraph (1),
the Commission may not make a change in the recommendations of
the Secretary that would close a military installation not
recommended for closure by the Secretary, would realign a
military installation not recommended for closure or
realignment by the Secretary, or would expand the extent of the
realignment of a military installation recommended for
realignment by the Secretary unless--
``(A) at least two members of the Commission visit
the military installation before the date of the
transmittal of the report; and
``(B) the decision of the Commission to make the
change to recommend the closure of the military
installation, the realignment of the installation, or
the expanded realignment of the installation is
unanimous.''.
SEC. 2825. ADHERENCE TO CERTAIN AUTHORITIES ON PRESERVATION OF MILITARY
DEPOT CAPABILITIES DURING ANY SUBSEQUENT ROUND OF BASE
CLOSURES AND REALIGNMENTS.
The Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by
adding at the end the following new section:
``SEC. 2915. ADHERENCE TO CERTAIN AUTHORITIES ON PRESERVATION OF
MILITARY DEPOT CAPABILITIES DURING ANY SUBSEQUENT ROUND
OF BASE CLOSURES AND REALIGNMENTS.
``(a) Adherence Required.--(1) Any base closure and realignment
actions under section 2914 or subsequent round of base closure and
realignment, and any actions to carry out the closure or realignment of
military installations as a result of such actions, shall reflect a
strict adherence to the provisions of title 10, United States Code, for
the maintenance of government-owned, government-operated depot-level
maintenance, repair, and logistics capabilities within the Department
of Defense, including the provisions of chapter 146 of such title and
other applicable provisions.
``(2) No action to carry out the closure or realignment of military
installations in any base closures and realignments under this part
after the date of the enactment of this section may include a waiver
authorized by paragraph (2) or (3) of section 2464(b) or section
2466(b) of title 10, United States Code.
``(b) Base Closure and Realignment Actions Defined.--In this
section, the term `base closure and realignment actions' means the
following:
``(1) The preparation by the Secretary of Defense of
recommendations on installations for closure or realignment
under this part or any subsequent base closure law.
``(2) The review by the Commission of the recommendations
referred to in paragraph (1).
``(3) The review by the President of the recommendations
referred to in paragraphs (1) and (2).''.
Subtitle D--Land Conveyances
PART I--ARMY CONVEYANCES
SEC. 2831. TRANSFER OF ADMINISTRATIVE JURISDICTION, DEFENSE SUPPLY
CENTER, COLUMBUS, OHIO.
(a) Transfer Required.--As soon as practicable after the date of
the enactment of this Act, the Secretary of the Army shall transfer,
without reimbursement, to the administrative jurisdiction of the
Secretary of Veterans Affairs a parcel of real property consisting of
approximately 20 acres and comprising a portion of the Defense Supply
Center in Columbus, Ohio, for the purpose of permitting the Secretary
of Veterans Affairs to use the property as the site for an outpatient
clinic.
(b) Payment of Costs of Conveyance.--(1) The Secretary of the Army
shall require the Secretary of Veterans Affairs to cover costs to be
incurred by the Secretary of the Army, or to reimburse the Secretary of
the Army for costs incurred by the Secretary of the Army, to carry out
the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, and other administrative costs
related to the conveyance. If amounts are collected from the Secretary
of Veterans Affairs in advance of the Secretary of the Army incurring
the actual costs, and the amount collected exceeds the costs actually
incurred by the Secretary of the Army to carry out the conveyance, the
Secretary of the Army shall refund the excess amount to the Secretary
of Veterans Affairs.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary of the Army in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund or
account, and shall be available for the same purposes, and subject to
the same conditions and limitations, as amounts in such fund or
account.
(c) Description of Real Property.--The exact acreage and legal
description of the real property to be transferred under subsection (a)
shall be determined by a survey satisfactory to the Secretary of the
Army.
SEC. 2832. LAND CONVEYANCE, FORT HOOD, TEXAS.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
the Texas A&M University System of the State of Texas (in this section
referred to as the ``University System''), all right, title, and
interest of the United States in and to a parcel of real property,
including improvements thereon, consisting of approximately 662 acres
at Fort Hood, Texas, for the sole purpose of permitting the University
System to establish on the property an upper level (junior, senior and
graduate) university that will be State-supported, separate from other
universities of the University System, and designated as Texas A&M
University, Central Texas.
(b) Consideration.--(1) As consideration for the conveyance under
subsection (a), the University System shall pay to the United States an
amount equal to the fair market value of the conveyed property, as
determined pursuant to an appraisal acceptable to the Secretary.
(2) In lieu of all or a portion of the cash consideration required
by paragraph (1), the Secretary may accept in-kind consideration,
including the conveyance by the University System of real property
acceptable to the Secretary.
(c) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the Secretary determine that the
conveyance of the property and the establishment of a university on the
property will not adversely impact the operation of Robert Grey Army
Airfield, which is located on Fort Hood approximately one mile from the
property authorized for conveyance.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the University System.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2833. LAND CONVEYANCE, ARMY NATIONAL GUARD FACILITY, SEATTLE,
WASHINGTON.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the State of Washington (in this section
referred to as the ``State'') all right, title, and interest of the
United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 9.747 acres in
Seattle, Washington, and comprising a portion of the National Guard
Facility, Pier 91, for the purpose of permitting the State to convey
the facility unencumbered for economic development purposes.
(b) Administrative Expenses.--(1) The State shall reimburse the
Secretary for the administrative expenses incurred by the Secretary in
carrying out the conveyance under subsection (a), including expenses
related to surveys and legal descriptions, boundary monumentation,
environmental surveys, necessary documentation, travel, and deed
preparation.
(2) Section 2695(c) of title 10, United States Code, shall apply to
any amounts received by the Secretary as reimbursement under this
subsection.
(c) Exemption From Federal Screening.--The conveyance authorized by
subsection (a) is exempt from the requirement to screen the property
for other Federal use pursuant to sections 2693 and 2696 of title 10,
United States Code.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary. The cost of
the survey shall be borne by the United States, subject to the
requirement for reimbursement under subsection (b).
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
PART II--NAVY CONVEYANCES
SEC. 2841. TRANSFER OF JURISDICTION, NEBRASKA AVENUE NAVAL COMPLEX,
DISTRICT OF COLUMBIA.
(a) Transfer Required.--Except as provided in subsection (b), the
Secretary of the Navy shall transfer to the administrative jurisdiction
of the Administrator of General Services the parcel of Department of
the Navy real property in the District of Columbia known as the
Nebraska Avenue Complex for the purpose of permitting the Administrator
to use the Complex to accommodate the Department of Homeland Security.
The Complex shall be transferred in its existing condition.
(b) Authority to Retain Military Family Housing.--At the option of
the Secretary of the Navy, the Secretary may retain administrative
jurisdiction over that portion of the Complex that, as of the date of
the enactment of this Act, is being used to provide Navy family
housing.
(c) Time for Transfer.--Not later than January 1, 2005, the
Secretary of the Navy shall complete the transfer of administrative
jurisdiction over the portion of the Complex required to be transferred
under subsection (a).
(d) Relocation of Navy Activities.--As part of the transfer of the
Complex under subsection (a), the Secretary of the Navy shall relocate
Department of the Navy activities at the Complex to other locations.
(e) Payment of Initial Relocation Costs.--Subject to the
availability of appropriations for this purpose, the Secretary of the
Department of Homeland Security shall be responsible for the payment
of--
(1) all reasonable costs, including costs to move
furnishings and equipment, related to the initial relocation of
Department of the Navy activities from the Complex under
subsection (d); and
(2) all reasonable costs incident to the initial occupancy
by such activities of interim leased space, including rental
costs for the first year.
(f) Payment of Long-Term Relocation Costs.--
(1) Sense of congress regarding payment.--It is the sense
of the Congress that the Secretary of the Navy should receive,
from Federal agencies other than the Department of Defense,
funds authorized and appropriated for the purpose of covering
all reasonable costs, not paid under subsection (e), that are
incurred or will be incurred by the Secretary to permanently
relocate Department of the Navy activities from the Complex
under subsection (d).
(2) Submission of cost estimates.--As soon as practicable
after the date of the enactment of this Act , the Secretary of
the Navy shall submit to the Director of the Office of
Management and Budget and the Congress an initial estimate of
the amounts that will be necessary to cover the costs to
permanently relocate Department of the Navy activities from the
portion of the Complex to be transferred under subsection (a).
The Secretary shall include in the estimate anticipated land
acquisition and construction costs. The Secretary shall revise
the estimate as necessary whenever information regarding the
actual costs for the relocation is obtained.
(g) Treatment of Funds.--(1) Funds received by the Secretary of the
Navy, from sources outside the Department of Defense, to relocate
Department of the Navy activities from the Complex shall be used to pay
the costs incurred by the Secretary to permanently relocate Department
of the Navy activities from the Complex. A military construction
project carried out using such funds is deemed to be an authorized
military construction project for purposes of section 2802 of title 10,
United States Code. Section 2822 of such title shall continue to apply
to any military family housing unit proposed to be constructed or
acquired using such funds.
(2) When a decision is made to carry out a military construction
project using such funds, the Secretary of the Navy shall notify
Congress in writing of that decision, including the justification for
the project and the current estimate of the cost of the project. The
project may then be carried out only after the end of the 21-day period
beginning on the date the notification is received by Congress or, if
earlier, the end of the 14-day period beginning on the date on which a
copy of the notification is provided in an electronic medium pursuant
to section 480 of title 10, United States Code.
(h) Effect of Failure to Receive Sufficient Funds for Relocation
Costs.--
(1) Congressional notification.--At the end of the three-
year period beginning on the date of the transfer of the
Complex under subsection (a), the Secretary of the Navy shall
submit to Congress a report--
(A) specifying the total amount needed to cover
both the initial and permanent costs of relocating
Department of the Navy activities from the portion of
the Complex transferred under subsection (a);
(B) specifying the total amount of the initial
relocation costs paid by the Secretary of the
Department of Homeland Security under subsection (e);
and
(C) specifying the total amount of appropriated
funds received by the Secretary of the Navy, from
sources outside the Department of Defense, to cover the
permanent relocation costs.
(2) Role of omb.--The Secretary of the Navy shall obtain
the assistance and concurrence of the Director of the Office of
Management and Budget in determining the total amount needed to
cover both the initial and permanent costs of relocating
Department of the Navy activities from the portion of the
Complex transferred under subsection (a), as required by
paragraph (1)(A).
(3) Certification regarding relocation costs.--Not later
than 30 days after the date on which the report under paragraph
(1) is required to be submitted to Congress, the President
shall certify to Congress whether the amounts specified in the
report pursuant to subparagraphs (B) and (C) of such paragraph
are sufficient to cover both the initial and permanent costs of
relocating Department of the Navy activities from the portion
of the Complex transferred under subsection (a). The President
shall make this certification only after consultation with the
Chairman and ranking minority member of the Committee on Armed
Services and the Committee on Appropriations of the House of
Representatives and the Chairman and ranking minority member of
the Committee on Armed Services and the Committee on
Appropriations of the Senate.
(4) Restoration of complex to navy.--If the President
certifies under paragraph (3) that amounts referred to in
subparagraphs (B) and (C) of paragraph (1) are insufficient to
cover Navy relocation costs, the Administrator of General
Services, at the request of the Secretary of the Navy, shall
restore the Complex to the administrative jurisdiction of the
Secretary of the Navy.
(5) Navy sale of complex.--If administrative jurisdiction
over the Complex is restored to the Secretary of the Navy, the
Secretary shall convey the Complex by competitive sale. Amounts
received by the United States as consideration from any sale
under this paragraph shall be deposited in the special account
in the Treasury established pursuant to section 572(b) of title
40, United States Code.
SEC. 2842. LAND CONVEYANCE, NAVY PROPERTY, FORMER FORT SHERIDAN,
ILLINOIS.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration, to the State of Illinois, a political
subdivision of the State, or a nonprofit land conservation organization
(in this section collectively referred to as the ``grantee''), all
right, title, and interest of the United States in and to certain
environmentally sensitive land at the former Fort Sheridan, Illinois,
consisting of mostly bluffs and ravines, for the purpose of ensuring
the permanent protection of the lands.
(b) Reversionary Interest.--If the Secretary determines at any time
that the real property conveyed under subsection (a) is not being used
or maintained in accordance with the purpose of the conveyance
specified in such subsection, all right, title, and interest in and to
all or any portion of the property shall revert, at the option of the
Secretary, to the United States, and the United States shall have the
right of immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record after an
opportunity for a hearing.
(c) Reconveyance Authorized.--The Secretary may permit the grantee
to convey the real property conveyed under subsection (a) to another
eligible entity described in such subsection, subject to the same
covenants and terms and conditions as provided in the deed from the
United States.
(d) Payment of Costs of Conveyance.--(1) The Secretary shall
require the grantee to cover costs to be incurred by the Secretary, or
to reimburse the Secretary for costs incurred by the Secretary, to
carry out the conveyance under subsection (a), including survey costs,
costs related to environmental documentation, and other administrative
costs related to the conveyance. If amounts are collected from the
grantee in advance of the Secretary incurring the actual costs, and the
amount collected exceeds the costs actually incurred by the Secretary
to carry out the conveyance, the Secretary shall refund the excess
amount to the grantee.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and
shall be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(e) Exemption From Federal Screening.--The conveyance authorized by
subsection (a) is exempt from the requirement to screen the property
for other Federal use pursuant to sections 2693 and 2696 of title 10,
United States Code.
(f) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(g) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
(h) Use of Alternate Conveyance Authority.--In lieu of using the
authority provided by this section to convey the real property
described in subsection (a), the Secretary may elect to include the
property in a conveyance authorized by section 2878 of title 10, United
States Code, subject to such terms, reservations, restrictions, and
conditions as may be necessary to ensure the permanent protection of
the property, if the Secretary determines that a conveyance under such
section is advantageous to the interests of the United States.
SEC. 2843. LAND EXCHANGE, NAVAL AIR STATION, PATUXENT RIVER, MARYLAND.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the State of Maryland (in this section referred to as ``State''), all
right, title, and interest of the United States in and to a parcel of
real property, including improvements thereon, consisting of
approximately five acres at Naval Air Station, Patuxent River,
Maryland, and containing the Point Lookout Lighthouse, other structures
related to the lighthouse, and an archaeological site pertaining to the
military hospital that was located on the property during the Civil
War. The conveyance shall include artifacts pertaining to the military
hospital recovered by the Navy and held at the installation.
(b) Property Received in Exchange.--As consideration for the
conveyance of the real property under subsection (a), the State shall
convey to the United States a parcel of real property consisting of
approximately five acres located in Point Lookout State Park, St.
Mary's County, Maryland.
(c) Payment of Costs of Conveyance.--(1) The Secretary may require
the State to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, relocation expenses incurred
under subsection (b), and other administrative costs related to the
conveyance. If amounts are collected from the State in advance of the
Secretary incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to State.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and
shall be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the properties to be conveyed under this section shall
be determined by surveys satisfactory to the Secretary.
(e) Exemption From Federal Screening.--The conveyance authorized by
subsection (a) is exempt from the requirement to screen the property
for other Federal use pursuant to sections 2693 and 2696 of title 10,
United States Code.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyances
under this section as the Secretary considers appropriate to protect
the interests of the United States.
PART III--AIR FORCE CONVEYANCES
SEC. 2851. LAND EXCHANGE, MAXWELL AIR FORCE BASE, ALABAMA.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey to the City of Montgomery, Alabama (in this section referred to
as the ``City''), all right, title, and interest of the United States
in and to a parcel of real property, including improvements thereon,
consisting of all of the Maxwell Heights Housing site at Maxwell Air
Force Base, Alabama.
(b) Consideration.--(1) As consideration for the conveyance of the
real property under subsection (a), the City shall convey to the United
States a parcel of real property, including improvements thereon,
consisting of approximately 35 acres designated as project AL 6-4 that
is owned by the City and is contiguous to Maxwell Air Force Base. The
Secretary shall have jurisdiction over the real property received under
this paragraph.
(2) If the fair market value of the real property received under
paragraph (1) is less than the fair market value of the real property
conveyed under subsection (a), the Secretary may require the City to
make up the difference through the payment of cash, the provision of
in-kind consideration, or a combination thereof, to be determined
pursuant to negotiations between the Secretary and the City.
(3) The fair market values of the real property to be exchanged
under this section shall be determined by appraisals acceptable to the
Secretary and the City.
(c) Description of Property.--The exact acreage and legal
description of the property to be conveyed under this section shall be
determined by surveys satisfactory to the Secretary.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyances
under this section as the Secretary considers appropriate to protect
the interests of the United States.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2005 for
the activities of the National Nuclear Security Administration in
carrying out programs necessary for national security in the amount of
$9,047,700,000, to be allocated as follows:
(1) For weapons activities, $6,577,953,000.
(2) For defense nuclear nonproliferation activities,
$1,338,147,000.
(3) For naval reactors, $797,900,000.
(4) For the Office of the Administrator for Nuclear
Security, $333,700,000.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out, for weapons activities, the
following new plant projects:
Project 05-D-140, project engineering and design, various
locations, $11,600,000.
Project 05-D-160, facilities and infrastructure
recapitalization program, project engineering and design,
various locations, $8,700,000.
Project 05-D-170, project engineering and design,
safeguards and security, various locations, $17,000,000.
Project 05-D-401, production bays upgrade, Pantex Plant,
Amarillo, Texas, $25,100,000.
Project 05-D-402, beryllium capability project, Y-12
national security complex, Oak Ridge, Tennessee, $3,627,000.
Project 05-D-601, compressed air upgrades project, Y-12
national security complex, Oak Ridge, Tennessee, $4,400,000.
Project 05-D-602, power grid infrastructure upgrade, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$10,000,000.
Project 05-D-603, new master substation, Sandia National
Laboratories, Albuquerque, New Mexico, $600,000.
Project 05-D-701, security perimeter, Los Alamos National
Laboratory, Los Alamos, New Mexico, $20,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2005 for environmental management activities in
carrying out programs necessary for national security in the amount of
$6,863,307,000, to be allocated as follows:
(1) For defense site acceleration completion,
$5,876,837,000.
(2) For defense environmental services, $986,470,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2005 for other defense activities in carrying
out programs necessary for national security in the amount of
$658,618,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2005 for defense nuclear waste disposal for
payment to the Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of
$131,000,000.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN
SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.
Section 4601 of the Atomic Energy Defense Act (50 U.S.C. 2701) is
amended by striking ``September 30, 2004'' and inserting ``September
30, 2006''.
SEC. 3112. REQUIREMENTS FOR BASELINE OF PROJECTS UNDER FACILITIES AND
INFRASTRUCTURE RECAPITALIZATION PROGRAM.
Subsection (a) of section 3114 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1744; 50 U.S.C. 2453 note) is amended--
(1) in paragraph (1) by inserting ``of a baseline'' after
``selection''; and
(2) by amending paragraph (2) to read as follows:
``(2)(A) After December 31, 2004, a project may be added to
or removed from the Facilities and Infrastructure
Recapitalization Program only after the Administrator submits
to the congressional defense committees a notice that the
Administrator has identified such project for addition or
removal and has approved such addition or removal as a
modification to the baseline for that program.
``(B) The Administrator may not obligate funds for any
project added under subparagraph (A) until a period of 60 days
has elapsed after the date on which such committees receive the
notice under subparagraph (A) with respect to that project.
``(C) The authority of the Administrator to identify and
approve under subparagraph (A) may not be delegated.''.
Subtitle C--Other Matters
SEC. 3131. TRANSFERS AND REPROGRAMMINGS OF NATIONAL NUCLEAR SECURITY
ADMINISTRATION FUNDS.
Section 3252 of the National Nuclear Security Administration Act
(50 U.S.C. 2452) is amended by adding at the end the following new
subsection:
``(d) Transfer and Reprogramming Process.--(1) The Administrator
shall have sole jurisdiction within the Department of Energy to submit
to Congress or the appropriate congressional committees a notice of, or
request for, a transfer or reprogramming of funds of the
Administration.
``(2) The functions of the Chief Financial Officer of the
Department of Energy shall not apply to a notice or request described
in paragraph (1), except to certify whether the funds covered by such
notice or request are available.''.
SEC. 3132. NATIONAL ACADEMY OF SCIENCES STUDY ON MANAGEMENT BY
DEPARTMENT OF ENERGY OF HIGH-LEVEL RADIOACTIVE WASTE.
(a) Review Required.--The Secretary of Energy shall enter into an
arrangement with the National Research Council of the National Academy
of Sciences to carry out a study of the plans of the Department of
Energy to manage the waste streams specified in subsection (b) that are
not currently planned for disposal in a high-level repository.
(b) Covered Waste Streams.--The waste streams referred to in
subsection (a) are the streams of high-level radioactive waste at--
(1) the Savannah River Site, South Carolina;
(2) the Idaho National Engineering Laboratory, Idaho; and
(3) the Hanford Reservation, Washington.
(c) Matters Included.--The study required by subsection (a) shall
evaluate--
(1) the physical, chemical, and radiological
characteristics of the waste referred to in subsection (b),
including specifically the waste proposed to be left
indefinitely in storage tanks;
(2) the probability that such waste, if left indefinitely
in storage tanks, will leak into the environment and the range
of potential dangers such leakage would represent;
(3) the plans of the Department for the disposal of the
high-level radioactive waste that the Department had planned,
before certain litigation in Federal district court in 2003 on
``Waste Incidental to Reprocessing'', to reclassify as low-
level waste;
(4) treatment and disposal alternatives to the plans
referred to in paragraph (3), including, for each such
alternative, assessments of the technology approaches and of
the implications with respect to cost, worker safety, and long-
term environmental and human health;
(5) the adequacy of the plans referred to in subsection
(a), including Department of Energy Order No. 435.1, to
protect, for the long term, the environment and population
surrounding each site referred to in subsection (b); and
(6) any other matters that the National Research Council
considers appropriate and directly related to the subject
matter of the study.
(d) Recommendations Required.--In carrying out the study, the
National Research Council shall develop recommendations relating to the
subject matter of the study. The recommendations shall include--
(1) recommendations for improving the scientific basis for
managing the waste covered by the study, including alternative
criteria for determining what waste should be managed as
``Waste Incidental to Reprocessing''; and
(2) any other recommendations that the National Research
Council considers appropriate and directly related to the
subject matter of the study.
(e) Reports.--The National Research Council shall submit to the
Secretary of Energy and the congressional defense committees--
(1) not later than six months after entering into the
arrangement required by subsection (a), an interim report on
the study with respect to the waste proposed to be left
indefinitely in storage tanks, including the tentative
findings, conclusions, and recommendations with respect to such
waste; and
(2) not later than one year after entering into the
arrangement required by subsection (a), a final report on the
study, including all findings, conclusions, and
recommendations.
(f) Provision of Information.--The Secretary shall make available
to the National Research Council all information that the National
Research Council considers necessary to carry out, in a timely manner,
its responsibilities under this section.
(g) Funding.--Of the amounts authorized to be appropriated to the
Department of Energy by section 3102, $1,500,000 shall be available
only for carrying out the study required by this section.
SEC. 3133. CONTRACT TO REVIEW WASTE ISOLATION PILOT PLANT, NEW MEXICO.
The Secretary of Energy shall enter into a contract to conduct
independent reviews and evaluations of the design, construction, and
operations of the Waste Isolation Pilot Plant in New Mexico as they
relate to the protection of the public health and safety and the
environment. The contract shall be for a period of one year and shall
be renewable for four additional one-year periods, subject to the
authorization and appropriation of funds for such purpose.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2005,
$21,268,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 2005, the
National Defense Stockpile Manager may obligate up to $59,700,000 of
the funds in the National Defense Stockpile Transaction Fund
established under subsection (a) of section 9 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized
uses of such funds under subsection (b)(2) of such section, including
the disposal of hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile Manager
may obligate amounts in excess of the amount specified in subsection
(a) if the National Defense Stockpile Manager notifies Congress that
extraordinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may make the
additional obligations described in the notification after the end of
the 45-day period beginning on the date on which Congress receives the
notification.
(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.
SEC. 3302. RELAXATION OF QUANTITY RESTRICTIONS ON DISPOSAL OF MANGANESE
FERRO IN NATIONAL DEFENSE STOCKPILE.
Section 3306(a) of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1391; 50 U.S.C. 98d
note) is amended--
(1) in paragraph (3), by striking ``each of the fiscal
years 2004 and 2005'' and inserting ``fiscal year 2004''; and
(2) by adding at the end the following new paragraph:
``(4) During fiscal year 2005, 100,000 short tons of high
carbon manganese ferro of the highest grade.
SEC. 3303. REVISION OF EARLIER AUTHORITY TO DISPOSE OF CERTAIN
MATERIALS IN NATIONAL DEFENSE STOCKPILE.
Section 3303(a) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C.
98d note) is amended by striking paragraphs (4) and (5) and inserting
the following new paragraphs:
``(4) $785,000,000 by the end of fiscal year 2005; and
``(5) $870,000,000 by the end of fiscal year 2009.''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are hereby authorized
to be appropriated to the Secretary of Energy $20,000,000 for fiscal
year 2005 for the purpose of carrying out activities under chapter 641
of title 10, United States Code, relating to the naval petroleum
reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain
available until expended.
TITLE XXXV--MARITIME ADMINISTRATION
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR MARITIME ADMINISTRATION.
There are authorized to be appropriated to the Secretary of
Transportation for the Maritime Administration for fiscal year 2005 (in
lieu of amounts authorized for the same purposes by section 3511 of the
National Defense Authorization Act for Fiscal Year 2004)--
(1) for expenses necessary for operations and training
activities, $109,300,000;
(2) for administrative expenses under the loan guarantee
program authorized by title XI of the Merchant Marine Act, 1936
(46 U.S.C. App. 1271 et seq.), $4,764,000; and
(3) for ship disposal, $35,000,000, of which $2,000,000
shall be for decommissioning, removal, and disposal of the
nuclear reactor and hazardous materials on board the vessel
SAVANNAH.
SEC. 3502. EXTENSION OF AUTHORITY TO PROVIDE WAR RISK INSURANCE FOR
MERCHANT MARINE VESSELS.
(a) Extension.-- Section 1214 of the Merchant Marine Act, 1936 (46
U.S.C. App. 1294), is amended by striking ``June 30, 2005'' and
inserting ``December 31, 2010''.
(b) Investment of Assets in Insurance Fund.--Section 1208(a) of
such Act (46 U.S.C. App. 1288), is amended by striking the third
sentence and inserting the following: ``The Secretary of Transportation
may request the Secretary of the Treasury to invest such portion of the
Fund as is not, in the judgment of the Secretary of Transportation,
required to meet the current needs of the fund. Such investments shall
be made by the Secretary of the Treasury in public debt securities of
the United States, with maturities suitable to the needs of the fund,
and bearing interest rates determined by the Secretary of the Treasury,
taking into consideration current market yields on outstanding
marketable obligations of the United States of comparable maturity.''.
Amend the title so as to read: ``A bill to authorize
appropriations for fiscal year 2005 for military activities of
the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces,
and for other purposes.''.
Union Calendar No. 278
108th CONGRESS
2d Session
H. R. 4200
[Report No. 108-491]
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A BILL
To authorize appropriations for fiscal year 2005 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 2005, and for other purposes.
_______________________________________________________________________
May 14, 2004
Reported with amendmensts, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed